Bangalore District Court
State Of Karnataka vs Raju.P on 4 January, 2020
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IN THE COURT OF THE LIII ADDL.CITY CIVIL &
SESSIONS SPECIAL JUDGE,
BENGALURU
DATED THIS THE 4th DAY OF JANUARY , 2020
-: PRESENT :-
S.H.PUSHPANJALI DEVI, B.A. LL.B.,
LIII Addl. City Civil & Sessions Special Judge,
Bengaluru.
Spl.CC No. 361 /2019
Complainant : State of Karnataka
By Banasawadi Police Station,
Bengaluru
[Rep. by Public Prosecutor]
/ Vs /
Accused-: Raju.P
S/o Ponnurangam,
Aged about 36 years
Residing at 482, 7th Criss,
R.S. Palya, Kammanahalli,
Bengaluru.
In Judicial Custody
[Rep. by Mr. NMH-Advocate]
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Spl CC 361/2019
TABULATION OF EVENTS
1. Date of Commission : 1/9/2018
Of Offence
2. Date of Report :
Of Offence 11/12/2018
3. Date of arrest of :
Accused
12/12/2018
4. Date of release on Bail
Accused : Accused is in Judicial Custody
5 Period undergone in
Judicial Custody by : -
Accused
6 Name of the complainant : Smt. Vasanthi J
7. Date of Commencement : 26/04/2019
of recording evidence
8. Date of Closing of :
10/10/2019
Evidence
Sections 376, 506-B IPC and
9. Charges framed : Sections 5(l)(n) R/w 6 of
POCSO Act, 2012.
10. Opinion of the Judge : As per final Order
(S.H.PUSHPANJALI DEVI)
LIII Addl.City Civil & Sessions Special Judge,
Bangalore.
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Spl CC 361/2019
JUDGMENT
This Charge Sheet is filed by the Police Inspector of Banasawadi Police Station, Bengaluru City, against the Accused for the offences punishable under Sections 376, 506-B of IPC and 5(l) and 6 of POCSO Act, 2012.
2. The brief facts of the case of the Prosecution are that the Accused along with his wife CW-3 Thulasi and her elder sister's daughter minor Victim CW-2 were residing in the rented house bearing No. 482(L-201) at R.S.Palya belonging to CW-6 Adi Keshavalu and Victim was studying at 7th standard. During that period, prior to 3 months from 11/12/2018 when the Victim was sleeping in the hall, at about 1 a.m., the Accused came out from his room and locked it from outside, came near to the Victim, touched her body and private parts inspite of her resistance and had forcible Sexual Intercourse with her. Subsequently, the Accused has 4 Spl CC 361/2019 repeated the said illegal act for 2-3 times in the same house and committed Aggravated Penetrative Sexual Assault on the Victim. He had also threatened her life and lives of her mother and Aunt by showing knife not to disclose the same with them.
3. Subsequently, CW-1 Smt. Vasanthi, the Aunt of the minor Victim gave complaint to the Banasawadi Police Station on 11/12/2018 and and case registered against the Accused in Crime No. 655/2018 for the offence punishable under Sections 376 and 506-B of IPC and 4 and 6 of POCSO Act, 2012.
4. The Accused was arrested on 12/12/2018 and he was remanded to Judicial Custody. Thereafter, he was represented through the counsel.
5. The Investigating Officer has completed the investigation and filed Chargesheet against the Accused 5 Spl CC 361/2019 for the offences punishable under Sections 376, 506-B IPC and 5(l) and 6 of POCSO Act, 2012.
6. This court has taken cognizance of the said offences and after hearing the arguments of learned Public Prosecutor and learned Counsel for the Accused, as primafacie materials found against the Accused, framed Charges for the offences punishable under Sections 376, 506-B IPC and 5(l) (n) R/w 6 of POCSO Act, 2012, read over and explained to the Accused, he has not pleaded guilty and claims to be tried.
7. The prosecution has examined 10 witnesses out of 19 witnesses as PWs 1 to 9. The documents are marked as Ex.P-1 to 15, P-1(a)(b), 2(a)(b), 3(a)(b)(c), 4(a)
(b), 7(a), 9(a), 10(a), 13(a), 14(a), 15(a)(b). The Material is marked as M.O.1. The learned Public Prosecutor has given up CW's 8, 10, 11, 13, 14, 16 and 17 and closed the evidence of Prosecution.
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Spl CC 361/2019
8. The Incriminating Circumstances in the evidence of the Prosecution witnesses has been read over to the Accused under Section 313 of Cr.P.C. He has denied the entire evidence and not chosen to lead any defence evidence on his behalf.
9. Heard, the arguments of learned Public Prosecutor for the State and the learned Counsel for the Accused on merits.
10. The points for my consideration are :
1. Whether the Prosecution proves that the Accused prior to 3 months from 11/12/2018 at about 1 a.m. when the minor Victim was sleeping in the hall, had forcibly committed Rape and repeated the same act and committed the offences punishable under Sections 376 IPC and 5(l)(n) R/w 6 of POCSO Act, 2012 ?
2. Whether the Prosecution proves that the Accused during the said period has caused Criminal Intimidation showing knife that he will kill her, her mother and Aunt, if she disclosed the same to anyone and committed the offence punishable under Sections 506-B 7 Spl CC 361/2019 IPC?
3. What Order?
11. My findings on the above points are as under:-
Point No.1 : In the Negative
Point No.2 : In the Negative
Point No.3 As per final order
for the following
REASONS
12. Point No. 1 and 2: The allegations made against
the Accused with regard to the Rape, Aggravated Penetrative Sexual Assault committed on the minor Victim as well as threat caused to her life not to disclose the same with her mother and aunt and others.
13. The Prosecution to prove the said allegations, examined the Complainant Smt. Vasanthi as PW-1. She has admitted that the Victim is the daughter of her sister and no Complaint given against the Accused. The said Complaint is marked as Ex.P-1 and her signature is 8 Spl CC 361/2019 marked as Ex.P-1(a). She has identified her signature on the Spot Mahazar Ex.P-2 marked as Ex.P-2(a). The Report given by the Women and Child Welfare Committee as per Ex.P-3 bears her signature is marked as Ex.P-3(a). But she has shown ignorance about the contents of Ex.P-1 to 3 and treated hostile.
14. In the Cross-examination, she has denied the Rape and Penetrative Sexual Assault committed by the Accused on the minor Victim prior to 3 months from 11/12/2018 and thereafter caused threat to her life. Further she has denied the signature put by her to the Complaint and Mahazar before the Child and Women Welfare Committee and at the Spot, where Police conducted Mahazar.
15. The Victim is examined as PW-2 and identified her signature in the Report given before Women and Child Welfare Committee, which is marked as Ex.3(b). She has stated about the Statement recorded by the concerned Magistrate under Section 164 Cr.P.C., Ex.P-4 9 Spl CC 361/2019 and her signature is marked as Ex.P-4(a). She has also denied the Rape committed by the Accused who is her Uncle and the Statement given before the police as per Ex.P-5. She is also turned hostile and not supported the allegations made in her Statement.
16. The wife of the Accused Smt. Thulasi @ Roja is examined as PW-3. She has admitted the relationship of the Victim as her niece and not admitted the Statement given against the Accused as per Ex.P-6.
17. The eye witness Adi Keshavalu is examined as PW-5. He has not admitted the Statement given against the Accused and turned Hostile. In the Cross- examination, he has denied the Statement given before the Police as per Ex.P-11 stating that the Accused used to torture his wife PW-3, afterwards committed Sexual Harassment on the minor Victim.
18. The witness Srinivasa Reddy said to be given Statement against the Accused with regard to the 10 Spl CC 361/2019 incident is examined as PW-6. He is residing in the house opposite to the house of the Accused and shown ignorance about his wife Thulasi, who is examined as PW-3. He has denied the Statement given to the Police with regard to the Rape and Sexual Harassment given by the Accused to the minor Victim which is marked as Ex.P-12.
19. Dr. Ashwini Ashok Kumar is examined as PW-4. He has deposed about examining the Victim who brought to his clinic by a aged woman. Afterwards examining her, he has given medicine fro stopping of bleeding. The prescription given by him is marked as Ex.P-10 and his signature as Ex.P-10(a).
20. Another Doctor Dr.Krupa Acharya is examined as PW-10. She has stated about examination of the Victim on 11/12/2018 on the history of Sexual Harassment and she gave the Medical Certificate as per Ex.P-15, her signature is marked as Ex.P-15(b). She has stated about Clinical examination of the Victim and 11 Spl CC 361/2019 found that her Hymen was not intact and history given by her that Rape committed by her Uncle, when she went to the house of her Aunt, from which bleeding started, therefore, she took treatment from Gynecologist.
21. The Police constable Mr. Dharma is examined as PW-7. He has stated about deputing to the work of search of Accused on 12/12/2018, afterwards the Accused was traced out at R.S.Palya, he was caught hold him and produced before the Police Sub-Inspector.
22. The Police Sub-Inspector Smt. Ramadevi is examined as PW-8. She has deposed about registering the case after receiving the Complaint from the Complainant on 11/12/2018 in Crime No. 655/2018 for the offences punishable under Sections 376, 506-B of IPC and 4 and 6 of POCSO Act, 2012. She has identified her signature in the Complaint is marked as Ex.P-1(b) and the FIR is marked as Ex.P-13 bears her signature as 12 Spl CC 361/2019 Ex.P-13(a). She has further visited the spot and conducted Mahazar as per Ex.P-2 and seized the knife marked as MO1. Her signature in the Mahazar is marked as Ex.P-2(b). Further the relevant portion of the Voluntary Statement of Accused is marked as Ex.P-14. She has also signed to the Report given before the Women and Child welfare Committee as per Ex.P-3, is marked as Ex.P-3(b). She has further stated about the Statement given by PWs 2, 3, 5 and 6. Afterwards the case file was handed over for further Investigation.
23. The Police Inspector Mr. R. Veerupaksha Swamy is examined as PW-9. He has conducted further Investigation and sent the Articles seized from the Victim for Chemical examination. Thereafter, obtained the Medical Report of the Victim as per Ex.P-15, his signature is marked as Ex. P-15(a). He has also obtained the Statement of the Victim as per Ex.P-3, bears his signature is marked as Ex.P-3(c). Further the Age Certificate of the Victim is marked as Ex.P-7 and his 13 Spl CC 361/2019 signature as Ex.P-7(a). The Medical Report of the Accused marked as Ex.P-9 and his signature as Ex.P-9(a).
24. The Prosecution has relied on the evidence of PWs 1 to 3, 5 and 6, the Complainant, Victim, eye witnesses and all of them turned hostile. Their evidence is contrary to their Statements given before the Investigating Officer. The Spot Mahazar is not proved by examining any of the independent witnesses. Because, though the Complainant has admitted her signature on the said Mahazar, she has deposed inconsistent to the contents of it.
25. The Date of Birth of the Victim as 27/12/2004 is not proved by the Prosecution, though the details of same produced under Ex.P-8, which is marked with consent. Because, the concerned Witness, who has issued the said Certificate is not examined before the Court. Further, the evidence of Doctors is inconsistent to the Oral evidence of the Victim, who was said to be Raped and Sexually harassed by the Accused on many 14 Spl CC 361/2019 days. Further the Victim has not stated anything about the Criminal Intimidation caused by the Accused to her life and also lives of her mother and Aunt.
26. Therefore, after taking into consideration the entire evidence of all the above said witnesses as they are not Corroborated with each other, I come to the conclusion that the Prosecution has failed prove that the Accused, prior to three months from 11/12/2018 had forcibly committed Rape on the Minor Victim and also repeated Penetrative Sexual Assault on many days as well as caused Criminal Intimidation to her life and also her mother and Aunt, which are punishable under Section 376, 506-B IPC and 5 (l) (n) R/w 6 POCSO Act, 2012. Hence, I answer points No.1 and 2 in the Negative .
27. Point No. 3: In the result, I proceed to pass the following:
ORDER 15 Spl CC 361/2019 Acting under Section 235(1) of Cr.P.C. Accused Raju S/o Ponnurangam is hereby acquitted for offences under Section 376, 506-B of IPC and Sections 5(l) (n) R/w 6 of POCSO Act, 2012.
The Material Object No.1 is ordered to be destroyed as worthless and useless after the Appeal period is over.
(Dictated to the Judgement writer, transcript and computerized by her, corrected, signed and then pronounced by me in the open Court today on 4th day of January, 2020.) (S.H.PUSHPANJALI DEVI) LIII Addl.City Civil & Sessions Special Judge, Bangalore.
ANNEXURE
1) List of witnesses examined for the Prosecution PW.1 Vasanthi PW.2 Blessy Victim PW.3 Thulasi @ Roja 16 Spl CC 361/2019 PW.4 Dr. Ashwini Ashok Kumar PW.5 Adikekshavalu PW.6 Srinivasareddy PW.7 Dharma PW.8 Ramadevi PW.9 R.Veerupaksha swamy PW.10 Dr. Krupa Acharya
2) List of documents marked for the Prosecution Ex.P1 Complaint Ex.P1(a) Signature of PW-1 Ex.P1(b) Signature of PW-8 Ex.P2 Mahazar Ex.P2(a) Signature of PW-1 Ex.P2(b) Signature of PW-8 Ex.P3 Makkala Vishesha Gatakada Varadi Ex.P-3(a) Signature of Pw-1 Ex.P3(b) Signature of PW-8 Ex.P3(c) Signature of PW-9 Ex.P4 Statement under Section 164 Cr.P.C.
Ex.P4(a) Signature of PW-2
Ex.P4(b) Signature of PW-2
Ex.P5 Statement of PW-2
Ex.P6 Statement of PW-3
Ex.P7 Date of Birth Certificate
Ex.P7(a) Signature of PW-9
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Spl CC 361/2019
Ex.P8 Study Certificate
Ex.P9 Medical Certificate of Accused
Ex.P.9(a) Signature of PW-9
Ex.P.10 Prescriptions
Ex.P.10(a) Signature of PW-4
Ex.P.11 Statement of Pw-5
Ex.P.12 Statement of PW-6
Ex.P.13 FIR
Ex.P.13(a) Signature of PW-9
Ex.P.14 Part of the Statement of Accused
Ex.P.14(a) Signature of PW-8
Ex.P.15 Medical Certificate of Victim
Ex.P.15(a) Signature of PW-9
3) List of Material Objects marked for the Prosecution MO.1 Knife
4) List of witnesses examined for the Accused Nil
5) List of documents marked for the Accused Nil
6) List of Material Objects marked for the Accused 18 Spl CC 361/2019 Nil (S.H.PUSHPANJALI DEVI) LIII Addl.City Civil & Sessions Special Judge, Bangalore.
*** 19 Spl CC 361/2019 Judgment pronounced in the open court, (vide separate Judgment ) 20 Spl CC 361/2019 ORDER Acting under Section 235(1) of Cr.P.C. Accused Raju S/o Ponnurangam is hereby acquitted for offences under Section 376, 506-B of IPC and Sections 5(l) (n) R/w 6 of POCSO Act, 2012.
The Material Object No.1 is ordered to be destroyed as worthless and useless after the Appeal period is over.
(S.H.PUSHPANJALI DEVI) LIII Addl.City Civil & Sessions Special Judge, Bangalore.