Bangalore District Court
Bajeesh Mon N T vs Mubarak on 23 December, 2024
KABC030852382015
Presented on : 30.12.2015
Registered on : 30.12.2015
Decided on : 23.12.2024
Duration : 08y/11m/23days
IN THE COURT OF XLI ADDL. CHIEF JUDICIAL
MAGISTRATE, AT : BENGALURU
PRESIDED OVER BY TATTANDA DAMAYANTI SOMAYYA
B.A.,LL.B.,
XLI Addl. Chief Judicial Magistrate
Bengaluru
Dated on this 23rd day of December 2024
C.C.No.30557/2015
COMPLAINANT : The State by
Cubbon Park Police Station
-V/s-
ACCUSED : 1. Mubarak
S/o. Nasir Ahmed,
Aged 19 years, R/at. No.56,
9th cross, Padarayanapura,
Jagajeevanram Nagar, Bengaluru.
2. Yogaraj
S/o. Lingaiah,
Aged 34years, R/at. No.50,
8th cross, Agrahara Dasarahalli,
Magadi Road, Bengaluru.
Date of Commission of 17.03.2014
2 C.C.No.30557/2015
offence
Date of report 18.03.2014
Date of arrest On 24.05.2017, the accused No.1
and 2 appeared before the Court
and got enlarged themselves on
bail.
Name of the complainant Brijesh Mon N T
Date of commencement of 19.02.2019
recording Evidence
Date of closing evidence 26.11.2024
Offences complained of U/Sec.379, 420, 465, 467, 468, 471,
473 r/w 34 of IPC.
Opinion of the Judge As per final orders
State Represented by Senior Asst.Public Prosecutor
Accused Represented by Sri.K.Elangovan -Advocate.
JUDGMENT
[Delivered on 23.12.2024] The PSI of Cubbon Park PS has filed charge sheet against the accused for the offences punishable U/Sec.379, 420, 465, 467, 468, 471, 473 r/w 34 of IPC.
2. Brief facts of prosecution case is as follows:
The accused No.1 stolen Hero Honda Splendor motor cycle bearing No.KL.13.L.1016 of CW.1 on 17.03.2014 in the afternoon, which was parked in the parking area of St. Marks Road, 3 C.C.No.30557/2015 Bengaluru and handed over the same to accused No.2. In turn, the accused No.2 with an intention to cheat the general public changed its number as KA.07.K.5841, created a RC book by tallying to its chassis and engine number, sold it to CW.6 for money, cheated him, used the forged RC book as a genuine document knowing fully well that, it is a forged document and changed the number plate of the vehicle with an intention to forge the document. On the basis of written information given by CW.1, the Cubbon Park police have registered this case against the accused in Cr.No.49/2014.
3. After the investigation, the IO filed charge sheet against the accused. This Court has taken cognizance of the offences punishable U/Sec.379, 420, 465, 467, 468, 471, 473 r/w 34 of IPC.
4. In response to the service of summons, on 24.05.2017, the accused No.1 and 2 appeared before the Court and got enlarged themselves on bail. This Court complied with Sec.207 of Cr.P.C., and furnished charge sheet copies to the accused. 4 C.C.No.30557/2015
5. This Court heard both the parties. As there were no grounds to discharge the accused, this Court framed charges for the offences punishable U/Sec.379, 420, 465, 467, 468, 471, 473 r/w 34 of IPC. The accused did not plead guilty. They claimed to be tried.
6. In order to prove its case, the prosecution got examined 5 witnesses as PW.1 to 5 and got marked Ex.P.1 to 12 documents. After completion of prosecution side evidence, the statements of the accused were recorded U/Sec.313 of Cr.P.C., wherein they denied the incriminating evidence led against them. They did not choose to lead their defense evidence.
7. I have heard the arguments of Senior APP and Sri. K.E Advocate.
8. On the basis of allegations made against the accused, the following points arise for my consideration:
1. Whether the prosecution proves beyond all reasonable doubt that, the accused No.1 in furtherance of common intention stolen Hero Honda Splendor motor cycle bearing 5 C.C.No.30557/2015 No.KL.13.L.1016 of CW.1 on 17.03.2013 in the afternoon, which was parked in the parking area of St. Marks road, Bengaluru and handed over the same to accused No.2 and thereby they have committed the offence punishable U/Sec.379 R/w 34 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in furtherance of common intention changed the number of the motor cycle as KA.07.K.5841, cheated general public and thereby they have committed the offence punishable U/Sec.465 r/w 34 of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in furtherance of common intention created a RC book by tallying to the chassis and engine number of the motor cycle and 6 C.C.No.30557/2015 thereby they have committed the offence punishable U/Sec.467 r/w 34 of IPC?
4. Whether the prosecution proves beyond all reasonable doubt that, the accused in furtherance of common intention, created RC book for the purpose of cheating and thereby they have committed the offence punishable U/Sec.468 r/w 34 of IPC?
5. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in furtherance of common intention dishonestly sold the stolen motor cycle to CW.6 for money and thereby they have committed the offence punishable U/Sec.420 r/w 34 of IPC?
6. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in furtherance of common intention, used the forged RC book as a genuine document knowing fully well that, it is a forged 7 C.C.No.30557/2015 document, handed over the same to CW.6 and thereby they have committed the offence punishable U/Sec.471 r/w 34 of IPC?
7. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in furtherance of common intention, changed the number plate of the motor cycle with an intention to forge the document and thereby they have committed the offence punishable U/Sec.473 r/w 34 of IPC?
8. What order?
9. My answers to the above points are as under:
Point No.1 : In Negative
Point No.2 : In Negative
Point No.3 : In Negative
Point No.4 : In Negative
Point No.5 : In Negative
Point No.6 : In Negative
Point No.7 : In Negative
Point No.8 : As per final orders for the following:
8 C.C.No.30557/2015
REASONS
Point No.1 to 7: As all these points are interrelated, I take all the seven points together for common discussion to avoid repetition.
10. The burden is casted on the prosecution to prove that, the accused No.1 in furtherance of common intention stolen Hero Honda Splendor motor cycle bearing No.KL.13.L.1016 of CW.1 on 17.03.2014 in the afternoon, which was parked in the parking area of St. Marks road, Bengaluru and handed over the same to accused No.2, they changed the number of the motor cycle as KA.07.K.5841, created RC book by tallying to the chassis and engine number of the motor cycle for the purpose of cheating, dishonestly sold the stolen motor cycle to CW.6 for money, used the forged RC book as a genuine document knowing fully well that it is a forged document, handed over the same to CW.6 and changed the number plate of the motor cycle with an intention to cheat.9 C.C.No.30557/2015
11. In order to prove its case, the prosecution got examined the complainant/CW.1 as PW.1, circumstantial witness/CW.10 as PW.2, the officer who arrested the accused No.2 /CW.12 as PW.3, circumstantial witness/CW.11 as PW.4 and investigation officer/CW.15 as PW.5 and got marked written information/complaint as Ex.P.1, spot mahazar as Ex.P.2, photographs of the motor cycle as Ex.P.3 and 4, indemnity bond as Ex.P.5, portion of the statement of PW.2 as Ex.P.6, report given by PW.3 as Ex.P.7, portions of the statement of PW.4 as Ex.P.8, 9, FIR as Ex.P.10, letter of PSI of Jagajeevanram Nagar police station as Ex.P.11 and fabricated RC as Ex.P.12.
12. CW.1/PW.1 - Brijesh Mon, in his evidence has stated that, he owned Hero Honda Splendor motor cycle bearing No.KL.13.L.1016. On 17.03.2014 he had been to his office by parking his motor cycle in front of Koshish restaurant at St. Marks road. After completion of his work, when he returned to the spot at 7p.m., he did not find his bike. He searched for his bike, but he 10 C.C.No.30557/2015 could not find it. Hence, on the next day, he gave Ex.P.1 complaint to the police. Subsequently, the police visited the spot and drawn Ex.P.2 mahazar. After a lapse of 6 months, the Jagajeevanrao Nagar police called him to the station, where they showed his bike. He noticed the number plate of his bike is changed. The police showed the accused No.1 and told that, he had stolen his bike. By executing an indemnity bond, he has taken the bike to his interim custody. Ex.P.3 and 4 are the photographs of his motorcycle.
13. CW.10/PW.2 - Govindaraju, in his evidence has stated that, he is not acquainted with the accused. The police did not enquire him. He has not given any statement to the police.
14. CW.11/PW.4 - Muniswamy, in his evidence has stated that, he does key making and lock repair work from the last 34 years near the toll gate of Magadi road. He is acquainted with the accused No.2 as, he was getting the keys done from him by stating that he does dealings of two wheelers. In the year 2014 one 11 C.C.No.30557/2015 day, the J.J.Nagar police called him to the station, where the accused No.2 and 2-3 other offenders were there. The police enquired about accused No.2 and hence, he admitted that he had given keys prepared as he told him that, he is a dealer of two wheelers. The police informed him that, the accused has stolen bikes by getting keys prepared from him. The police did not show the keys prepared by him.
15. CW.12/PW.3-Gajendra, in his evidence has stated that, while he was working as head constable at Cubbon park police station, the CW.14 had deputed him and CW.13 to trace out the accused of Cr.No.122/2014. They contacted the informants and by getting information from them, they arrested accused No.2 by name Yogaraj from Agrahara, Dasarahalli and produced him before the CW.16 at 10.30a.m. Accordingly, he gave Ex.P.7 report to the IO.
16. CW.15/PW.5 - C.A.Manjappa in his evidence has stated that, while he was working as PSI at Cubbon Park police station, 12 C.C.No.30557/2015 on 18.03.2014 at 9.20a.m., the PW.1 came to their station and gave Ex.P.1 complaint. On the basis of which, he registered Ex.P.10 - FIR. Along with the complaint, the PW.1 had furnished the copies of RC and insurance policy of his motor cycle. On the same day at 10.30 a.m., he visited the spot, which was showed by PW.1 and drawn Ex.P.2 mahazar till 11.30a.m., in the presence of CW.2 and CW.3. On 20.11.2014, the PSI of J.J.Nagar police station forwarded KA.07.K.5841 Hero Honda Splendor + motor cycle, its duplicate RC/Ex.P.12 and 16 documents with Ex.P.11 letter. By completing the investigation, he filed charge sheet against the accused.
17. On the basis of Ex.P.1 written information given by PW.1, the Cubbon park police have registered this case, investigated the matter and filed charge sheet against the accused. In Ex.P.1, the PW.1 has stated that, he owned KL.13.L.1016 Hero Honda Splendor motorcycle, which he had parked near Koshish Restaurant at St. Marks road on 17.03.2014 at 10.30 a.m. After 13 C.C.No.30557/2015 finishing his work at 9p.m., when he returned near the restaurant, he did not find the motorcycle. Hence, he gave Ex.P.1 complaint to the police and asked them to take necessary legal action against the offender and trace his motor cycle.
18. As per the contents of Ex.P.1, the alleged incident took place on 17.03.2014 after 10.30a.m and before 9p.m. In order to ascertain the correctness of the allegations made against the accused, this court had issued repeated summons, non bailable warrants and proclamations against CW.2 to 9. Inspite of it, the prosecution has not secured the presence of those witnesses. By noting the absence of the witnesses and age of the case, this court dropped them from examination.
19. The PW.5 being the IO, did not explain the mahazer under which, KA.07.K.5841[duplicate number] motor cycle was seized.
No signatories to seizure mahazer i.e., pancha witnesses appeared before the Court to say that, they have seen the police seizing 14 C.C.No.30557/2015 motor cycle and its number plate was changed as KA.07.K.5841 from KL.13.L.1016.
20. Though the prosecution contends that, the accused sold the motor cycle to CW.6 for money by changing its number plate and fabricating RC book, the CW.6, the so-called purchaser has not appeared before the Court to say that, he had purchased the motor cycle from the accused for money. In order to say that the accused have changed the number plate of Hero Honda Splendor motorcycle from KL.13.L.1016 to KA.07.K.5841 by fabricating Ex.P.12 RC and thereby cheated CW.6 and general public, the IO has not collected original RC of that motorcycle so as to compare the chassis number and engine number of that vehicle with chassis number and engine number mentioned in Ex.P.12 fabricated RC.
21. In the present case, though the prosecution contends that, the accused No.1 stolen the motorcycle from the parking area of Koshish restaurant, St. Marks road on 17.03.2014 and handed 15 C.C.No.30557/2015 over the same to accused No.2 and in turn they created forged RC, changed the number plate of the motorcycle and with an intention to cheat the general public, they have sold the motorcycle to CW.6 for money and used the fabricated RC as genuine document, it has not produced cogent evidence before the Court to show that, the accused No.1 and 2 are the creators of Ex.P.12/ RC.
22. The IO did not effectively investigate the matter to know where the duplicate number plate was created and where Ex.P.12- RC was printed. The prosecution contends that, KA.07.K.5841 motor cycle was seized by Jagajeevanram Nagar police. As per true copy of mahazer dated:08.08.2014, that motor cycle was seized in the presence of CW.4 to 6. But, none of the pancha witnesses appeared before the Court to say that, they have seen the police seizing KA.07.K.5841 motor cycle by drawing mahazer in their presence.
16 C.C.No.30557/2015
23. The PW.1 in his chief examination has stated that, the Jagajeevanram police called him to the station, showed accused No.1 and told that, he had stolen his motor cycle. According to PW.1, he had been to Jagajeevanram police station on 22.09.2014, where he identified his motor cycle and seen the accused No.1. The PW.5 being the IO did not produce any cogent documents before the Court to hold that, the accused No.1 was in the custody of Jagajeevanram police on 22.09.2014, when the PW.1 allegedly visited the police station.
24. Though the PW.3 contends that, he along with CW.13 had arrested accused No.2 from Agrahara, Dasarahalli, his version is not supported by the oral evidence of any independent witnesses. Except an oral assertion that, the PW.4 is a key maker and he had prepared keys as per the sayings of accused No.2, the IO did not collect cogent evidence to substantiate his contentions. In this case, the IO has not seized the so-called keys prepared by PW.4 on the sayings of accused No.2.
17 C.C.No.30557/2015
25. Moreover, the PW.4 in his cross examination has stated that, Qà ªÀiÁrPÉƼÀî®Ä 2£Éà DgÉÆæ ªÁºÀ£ÀªÀ£ÀÄß ªÁºÀ£ÀªÀ£ÀÄß vÉUÉzÀÄPÉÆAqÀÄ §A¢zÀÝgÀÄ.
2£Éà DgÉÆæ UÁr vÉUÉzÀÄPÉÆAqÀÄ £À£Àß £À£Àß §½ §AzÁUÀ CzÀgÀ°è Qà EgÀ°®è.
2£Éà DgÉÆæ DgÉÆæ UÁr ZÁ®£É ªÀiÁrPÉÆAqÀÄ §A¢zÀÝgÀÄ. This version of PW.4 is not believable. The PW.5 in his evidence dis not explain from whom the motor cycle was seized. The prosecution has not produced a single document to hold, who produced the motor cycle from whom it was seized.
26. The evidence led by PW.1 to 5 is no way helpful to the prosecution to hold the accused guilty of the offences charged against them. The prosecution has not produced any documents to show the involvement of accused in the alleged crime. The prosecution has not produced any evidence on record to hold, who created Ex.P.12/duplicate RC and where duplicate number plate was made. Because, producing a forged document is different than creating it.
18 C.C.No.30557/2015
27. The PW.5 being the IO did not collect any report from RTO regarding the genuineness of Ex.P.12. There is no evidence on record to connect the accused with the alleged crime. From the evidence led by PW.1 to 5, the charges levelled against the accused are not proved. Thus, the prosecution has failed to prove that, the accused No.1 in furtherance of common intention stolen Hero Honda Splendor motor cycle bearing No.KL.13.L.1016 of PW.1 on 17.03.2014 in the afternoon, which was parked in the parking area of St. Marks road, Bengaluru and handed over the same to accused No.2, they changed the number of the motor cycle as KA.07.K.5841, created a RC book by tallying to the chassis and engine number of the motor cycle for the purpose of cheating, dishonestly sold the stolen motor cycle to CW.6 for money, used the forged RC book as a genuine document knowing fully well that, it is a forged document, handed over the same to CW.6 and changed the number plate of the motor cycle with an intention to 19 C.C.No.30557/2015 cheat. In such circumstances, I answer point No.1 to 7 in Negative.
Point No.8: For the aforesaid reasons, I proceed to pass the following:
ORDER By exercising the powers conferred U/Sec.248[1] of Cr.P.C., the accused No.1 and 2 are acquitted from the charges of Sec.379, 420, 465, 467, 468, 471, 473 R/w 34 of IPC.
The bail bonds executed by the accused No.1 and 2 stands cancelled.
The bonds executed by accused No.1 and 2 U/Sec.437[A] of Cr.P.C., will be in force till the completion of appeal period.
The property seized under PF No.125/2014 i.e., Hero Honda Splendor plus motor cycle bearing original No.KL.13.L.1016 [duplicate No. KA.07.K. 5841] is already released to the interim custody of PW.1. That order is made absolute. TATTANDA Digitally signed by TATTANDA DAMAYANTI DAMAYANTI SOMAIAH Date: 2024.12.23 17:45:31 SOMAIAH +0530 23.12.2024 [TATTANDA DAMAYANTI SOMAYYA] XLI A.C.J.M., BENGALURU 20 C.C.No.30557/2015 ANNEXURE LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
PW.1 : Brijesh Mon PW.2 : Govindaraju PW.3 : Gajendra PW.4 : Muniswamy PW.5 : C.A.Manjappa
LIST OF DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Written information/Complaint Ex.P.1[a] : Signature of PW.1 Ex.P.1[b] : Signature of PW.5 Ex.P.2 : Spot Mahazar Ex.P.2[a] : Signature of PW.1 Ex.P.2[b] : Signature of PW.5 Ex.P.3 &4 : Photographs of motor cycle Ex.P.5 : indemnity bond Ex.P.5[a] : Signature of PW.1 Ex.P.6 : Portion of the statement of PW.2 Ex.P.7 : Report given by PW.3 Ex.P.7[a] : Signature of PW.3 Ex.P.8 : Portion of statement of PW.4 Ex.P.9 : Portion of statement of PW.4 Ex.P.10 : FIR 21 C.C.No.30557/2015 Ex.P.10[a] : Signature of PW.5 Ex.P.11 : Covering letter of J.J.Nagar police Ex.P.12 : RC Book LIST OF MO'S MARKED FOR THE PROSECUTION: Nil LIST OF WITNESSES EXAMINED FOR THE ACCUSED : NIL LIST OF DOCUMENTS MARKED FOR THE ACCUSED : Nil ....................................................................................
Dictated on : 16.12.2024 Transcribed on : 16.12.2024 checked on : 22.12.2024 Signed on : 23.12.2024 [TATTANDA DAMAYANTI SOMAYYA] XLI A.C.J.M., BENGALURU Visit ecourts.gov.in for updates or download mobile app "eCourts Services" from Android or iOS