Bangalore District Court
State By Kp Agrahara vs Ramu on 4 November, 2022
IP
KABC030049272018
NAIK
Digitally signed
by I P NAIK
Date: 2022.11.04
16:36:20 +0530
IN THE COURT OF THE 30TH ADDL.CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
Dated: This the 4th day of November, 2022
:Present: Sri. I.P.Naik, B.A., LL.B.(Spl),
30th ACMM, Bengaluru
Judgment U/s.355 of Cr.P.C.
C.C.No. 1882/2018
Date of Offence 21.02.2017
Complainant State by KP Agrahara, Police
Station.
V/s.
Accused 1. Ramu,
S/o. Late Doraiswamy
Aged about 59 years,
R/at.No.127, 1st Cross,
TCM Rayan Road,
Aiyyappa Temple Road,
Cubbon Pete,
Bengaluru-58.
2. Venkatesh.S @ Kunta,
S/o. Late Shekar,
Aged about 38 years,
2 C.C.1882/2018
R/at.No.17,
[cheluvadipalya,
11th Cross,
Dr.RCM Rayan Road,
Cubbon Pete,
Bengaluru-58.
3. Suresh,
S/o. Palaniyappa,
Aged about 27 years,
R/at.No.24, 1st Main,
9th Cross, Bhuvaneshwari
Nagar, KP Agrahara,
Bengaluru-23.
Offences U/s.417, 420, 466, 465, 467,
471, 484, 120-B r/w. 34 of IPC.,
Plea Recorded on 17.07.2019 and
accused persons Pleaded not
guilty.
313 Statement recorded On 11.10.2022
on:
Final Oder Accused No.1 to 3 are
acquitted
Date of Order 04-11-2022
*****
3 C.C.1882/2018
JUDGMENT
The PSI of K.P Agrahara, Police Station has filed charge sheet against accused persons for the offences punishable U/s.417, 420, 466, 465, 467, 471, 484, 120-B r/w. 34 of IPC.,
2. The brief facts of the prosecution case are as follows:
It is alleged that, accused persons on 21.02.2017 at about 8.00 pm in the night, CW1, 6 to 8 were on the patrolling at Bettamma Circle within the limits of KP Agrahara Police Station, they found that accused No. 2 & 3 were holding documents in their hands and were telling public that they will get done documents like, Adhar Card, Election ID card, Caste Certificate and Income certificate to cheat the general public, in furtherance of your common intention, with dishonest intention to cheat the general public, were telling that they will get done documents like, Adhar Card, Election ID card, Caste Certificate and with dishonest intention to cheat the general public, received photos and address proof of the public and were issuing the same to the Cyber Center of 4 C.C.1882/2018 accused No.1 situated at Chamarajapete where, accused No.1 was forging the documents and creating duplicate documents and were issuing the same to the Cyber Center of accused No.1 situated at Chamarajapete where, accused No.1 with the help of computer (eletronic device) was issuing duplicate documents/ certificates by created duplicate documents/ certificates and making money from public and issued them as genuine documents with the help of electronic record and when complainants raided shop of Accused No.1 Sungame Cybler Center at Chamarajapete were found in possession of forged documents knowing fully well that, they are duplicate and forged documents and complainants raided shop of Accused No.1 Sungame Cybler Center at Chamarajapete were found in possession of forged documents, raided them and took their custody and, in furtherance of your common intention, together to cheat the general public with dishonest intention, created forged documents to cheat the general public and thereby committed the aforesaid offences. In this regard, CW1 lodged complaint before the jurisdictional police. During the course of investigation, I.O. visited the place of incident, drawn spot mahazar in the presence of the 5 C.C.1882/2018 witnesses, recorded the statement of witnesses and after completion of investigation filed charge sheet against accused persons for the aforesaid offences.
3. On the basis of charge sheet and other materials cognizance taken and case is registered against accused persons.
4. The copies of the prosecution papers have been furnished to the accused persons as required under Sec.207 of Cr.P.C.
5. The charge is framed, contents of charge have been read over and explained to the accused persons in the language known to them, they pleaded not guilty and claimed to be tried, hence, the prosecution is called upon to prove its case.
6. In order to prove the guilt of the accused person, prosecution has examined 3 witnesses as PW1 to PW3 and 3 documents are got marked as Ex.P.1 to P.3. In order to secure other witnesses issued Summons, NBW and Proclamation. But the 6 C.C.1882/2018 concerned police failed to secure these witnesses. Finally this court opined that there is no meaning in reissuing of Summons, NBW and Proclamation. Accordingly, prayer of learned Sr.APP is rejected and other remaining witnesses are dropped and statement of accused u/S.313 of Cr.P.C. is dispensed with.
8. Thereafter, statement of the accused persons recorded U/s.313 of Cr.P.C. Accused have denied the incriminating evidence in the prosecution evidence. Accused have not chosen to lead their side evidence and no documents are marked on their behalf.
9. Heard both sides
10. The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, accused persons on 21.02.2017 at about 8.00 pm in the night, CW1, 6 to 8 were on the patrolling at Bettamma Circle within the limits of KP Agrahara Police Station, they found 7 C.C.1882/2018 that accused No. 2 & 3 were holding documents in their hands and were telling public that they will get done documents like, Adhar Card, Election ID card, Caste Certificate and Income certificate to cheat the general public and thereby committed an offence punishable under Section 417 r/w.34 of IPC, within smy cognizance.?
2. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, with dishonest intention to cheat the general public, were telling that they will get done documents like, Adhar Card, Election ID card, Caste Certificate and Income certificate and thereby committed an offences punishable U/s.420 r/w.34 of IPC and within my cognizance.?
3. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of 8 C.C.1882/2018 your common intention, with dishonest intention to cheat the general public, received photos and address proof of the public and were issuing the same to the Cyber Center of accused No.1 situated at Chamarajapete where, accused No.1 was forging the documents and creating duplicate documents and thereby committed an offences punishable U/s.465 r/w.34 of IPC and within my cognizance.?
4. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, with dishonest intention to cheat the general public, received photos and address proof of the public and were issuing the same to the Cyber Center of accused No.1 situated at Chamarajapete where, accused No.1 with the help of computer (eletronic device) was issuing duplicate documents/ certificates and thereby committed an offences punishable U/s.466 r/w.34 of IPC and within my cognizance.?9 C.C.1882/2018
5. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, with dishonest intention to cheat the general public, created duplicate documents/ certificates and making money from public and thereby committed an offences punishable U/s.467 r/w.34 of IPC and within my cognizance.?
6. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, with dishonest intention to cheat the general public, forged and created duplicate documents/ certificates and issued them as genuine documents with the help of electronic record and thereby committed an offences punishable U/s.471 r/w.34 of IPC and within my cognizance.?10 C.C.1882/2018
7. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, to cheat the general public with dishonest intention, when complainants raided shop of Accused No.1 Sungame Cybler Center at Chamarajapete were found in possession of forged documents knowing fully well that, they are duplicate and forged documents and thereby committed an offences punishable U/s.474 r/w.34 of IPC and within my cognizance.?
8. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, to cheat the general public with dishonest intention, complainants raided shop of Accused No.1 Sungame Cybler Center at Chamarajapete were found in possession of forged documents, raided them and took their custody and thereby committed an offences punishable 11 C.C.1882/2018 U/s.484 r/w.34 of IPC and within my cognizance.?
9. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, together to cheat the general public with dishonest intention, created forged documents to cheat the general public and thereby committed an offences punishable U/s.120-B r/w.34 of IPC and within the my cognizance.?
10. What order.?
11. My findings on the above points are as follows:
Point No.1 : IN THE NEGATIVE
Point No.2 : IN THE NEGATIVE
Point No.3 : IN THE NEGATIVE
Point No.4 : IN THE NEGATIVE
12 C.C.1882/2018
Point No.5 : IN THE NEGATIVE
Point No.6 : IN THE NEGATIVE
Point No.7 : IN THE NEGATIVE
Point No.8 : IN THE NEGATIVE
Point No.9 : IN THE NEGATIVE
Point No.10 : As per final order
......................... for the following.., REASONS
12. Point No.1 to 9 :- According to prosecution case, accused are involved in issuing of fake Adhar Card, Election ID Card, Birth Certificate, Ration Card etc., In order to prove this case, prosecution has examined only 3 witnesses. PW1-HC- Sharanappa, who has caught hold the accused No.1 &2. As per the credible information dated 21.2.2017, he stated that, accused are asking the public at Bettamma Circle, whether they are required Adhar Card, Birth Certificate, Ration Card, Election ID Card.13 C.C.1882/2018
13. PW2 is Joint Director(Statistics) Mangal Das, stated that, Ex.P.3 is fake birth certificate. In this case he has issued Ex.p.1 it discloses that, its serial number is fake.
14. PW3 Suresh, Assistant Revenue Officer, of the BBMP stated that Election ID No.XlU 4206424 is fake one.
15. According to prosecution case, accused No.1 is having cyber center at Chamarajapete. Accused No.2 & 3 are involved in creating and manufacturing of the fake documents. In order to prove this fact and also recovery of the articles under P.F.No.33/2017 prosecution utterly failed to examine the material witnesses. In order to secure CW1 to 3, CW5 and CW6 and CW8 to CW12, this court repeatedly issued Summons, NBW and Proclamation, number of times. For this reason, I have carefully perused the order sheet. On 17.07.2019, charge has been framed and read over to the accused, accused pleaded not guilty. Hence, case is posted for evidence.14 C.C.1882/2018
16. On 13.11.2019, CW1, CW2, CW4, CW5 and CW15 & 16 are present. Same is bind over on the proceedings of this case. by the learned Sr.APP, Then again CW1, CW14 & CW15 are present before this court on 1.2.2019. On that day also witnesses are bind over due to accused was present. Then, on the next date of hearing, accused is taken to custody and remanded over to the JC, then, issued Summons, to all witnesses. Due to lock down witnesses are not secured. Then on 10.2.2021 CW2 reported to be dead. In order to secure other witnesses repeatedly issued Summons, NBW and Proclamation. But the concerned police failed to secure other witnesses. Finally this court opined that, there is no meaning in reissuing of Summons, NBW and Proclamation and remaining witnesses are dropped. By considering the valuable materials on record, PW1 and PW2 categorically stated that, birth certificate, election ID card pertaining to Raj S/o.Ganesh are fake documents.
This evidence is unchallenged on behalf of the accused. In this case, most important aspect is that, where the accused are manufacturing the fake documents. This fact is not proved by the 15 C.C.1882/2018 prosecution beyond reasonable doubt. By considering all these aspects, I am of the opinion that, prosecution utterly failed to prove the guilt of the accused persons beyond reasonable doubt. Accordingly, Point No.1 to 8 is answered in the Negative.
17. Point No.9: In view of the Negative findings on the above point No.1 to 8, I proceed to pass the following:-
s ORDER The Powers confirmed upon me U/s.248(1) of Cr.P.C. accused No.1 to 3 are acquitted of the alleged offences punishable U/s.417, 420, 466, 465, 467, 471, 484, 120-B r/w. 34 of IPC., The bail bond of accused persons and surety extended for further 6 months in order to comply Sec.437 (a) of Cr.P.C.
Thereafter, this bail bond automatically stands cancelled.
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
(Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the 4 th day of November, 2022).
(I.P Naik.) 30 th A.C.M.M., B'lore.
16 C.C.1882/2018ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION:
P.W. 1 : Sharanappa
P.W. 3 : Mangal Das
P.W. 4 : Suresh
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Document
Ex.P.2 : Letter
Ex.P.3 : Duplicate election ID Card
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (I.P.Naik) 30th Addl.C.M.M., B'lore.
17 C.C.1882/2018Judgment pronounced in Open Court vide separate:-
ORDER The Powers confirmed upon me U/s.248(1) of Cr.P.C. accused No.1 to 3 are acquitted of the alleged offences punishable U/s.417, 420, 466, 465, 467, 471, 484, 120-B r/w. 34 of IPC., The bail bond of accused persons and surety extended for further 6 months in order to comply Sec.437 (a) of Cr.P.C.
Thereafter, this bail bond automatically stands cancelled.
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
(I.P.Naik) 30th Addl.C.M.M., B'lore.
18 C.C.1882/2018