Bangalore District Court
State By Hulimavu vs Shivugowda on 3 January, 2020
IN THE COURT OF V ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE AT: BANGALORE
Dated this the 3rd day of January, 2020
:PRESENT:
Smt. SHIRIN J ANSARI B.A.LL.B(Hon's) LLM
V ACMM Bangalore .
CRIMINAL CASE No.32375/2018
Complainant : State by Hulimavu
Police station, Bangalore.
(Rep by Sr.A.P.P)
-VS-
Accused : Shivugowda
@ Shivu
S/of.Manjunath
Aged 26 years
R/of No 48/1, Near
Anjeneya Swamy Temple
Doddakammanahalli Road
B.G.Road
Bangalore.
(By Sri DMLG Advocate,)
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1. Date of commencement of 15.08.2018
offence
2. Date of report of offence 15.08.2018
3 Arrest of the accused The accused is on bail
4. Name of the complainant Dr.Anupriya
5. Date of recording of 09.12.2019
evidence
6. Date of closing of evidence 09.12.2019
7. Offences complained of Secs. 354C of IPC
8. Opinion of the Judge The accused is
found not guilty
9. Complainant by The Learned Sr.APP
10. Accused defence by Sri DMLG , Advocate,
JUDGMENT
The IO of Hulimavu police station, Bangalore has submitted the present charge sheet against the accused for the offences punishable U/Sections 354C of IPC. 3
CC No.32375/2018
2. The brief facts of the prosecution case are as under:-
That on 15.08.2018 at about 9.00pm, CW1 had been to Decathlon Showroom situated at Kalena agrahara, B.G.Road, within the limits of Hulimavu police station and while CW 1 went into the trail room to change her clothes, the accused who was in the other trial room peeped into the said trial room and watched the complainant while changing her clothes and thereby committed the offence punishable under Sec.354C of IPC. Hence, the complaint.
On the basis of above said allegations the police have registered a case in crime No.208/2018 and forwarded FIR to this court. During the course of investigation, accused appeared before the court and got enlarged on bail. Thereafter, police have as usual conducted the investigation and submitted the charge sheet against the accused for the above said offences.4
CC No.32375/2018
3. On the basis of materials on record, cognizance for the aforesaid offences has been taken and issued summons to the accused. The accused faced the trial through the Advocate. Copies are furnished. The necessary charges were framed, read over and explained the same to the accused, wherein, they pleaded not guilty and claimed to be tried. The prosecution examined the complainant/Cw1 as PW 1 and got marked Ex.P.1 & Ex.P2.
4. The complainant being the material witness is examined as PW 1. In absence of incriminating evidence against the accused recording of 313 Cr.P.C. statement has been dispensed with.
Heard the arguments on both sides, perused the oral and documentary evidence on record.
5. Based on the above facts and circumstances on record, the following points arise for my determination:-
POINTS
1. Whether the prosecution proves beyond all reasonable doubt that, on 15.08.2018 at about 9.00pm, CW1 had been to Decathlon Showroom situated at Kalena agrahara, B.G.Road, within the limits of Hulimavu 5 CC No.32375/2018 police station and while CW 1 went into the trail room to change her clothes, the accused who was in the other trial room peeped into the said trial room and watched the complainant while changing her clothes and thereby committed the offence punishable under Sec.354C of IPC?
2. What order ?
6. My findings on the above points are as under:-
Point No.1 - In the "Negative"
Point No.2 - As per final order
for the following:-
REASONS
7.POINT No.1 :- As per the charge sheet , the
prosecution has cited 8 witnesses in this case but the prosecution has examined the complainant/CW1 as PW 1 & prayer of APP for issuance of summons to other Charge sheet witnessess i.e CW s 2- 8 has been rejected.
8. The complainant being the most material witness neither in her examination-in-chief nor in her cross- examination has not at all stated any incriminating evidences against the accused . In fact, whatever she has stated in the evidence are completely contrary to the contents of Ex.P.1. 6
CC No.32375/2018 PW1 turned hostile and permitted the learned Sr.APP for cross-examination, but, nothing has been elicited from the mouth of PW1 to believe any allegations of the prosecution against the accused . Thus, the very structure of the case of prosecution is struck down. From the circumstances expressed by the material witness it can be made out that the prosecution has failed to bring out satisfactory and convincing material to record the conviction of the accused .
9. On close scrutiny of hostility of the P.W.1 who is none other than the victim and material witness of this case, the evidence of other witnesses appears to be immaterial. On perusal of the entire materials on record, it appears that the parties have settled the matter. Therefore, in absence of material evidence, the court cannot proceed to pass conviction against the accused . The prosecution has utterly failed to bring home the guilt of the accused . Therefore, in absence of material evidence to prove the guilt of the accused, I find no reasons to proceed to record the conviction against the accused Having considered all these facts, the above point No.1 is answered in the Negative.
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10.POINT No.2:- In view of findings on point No.1 , I find that the accused is not guilty and in the result , I proceed to pass the following:-
ORDER By acting U/Sec 248(1) of Cr.P.C., the accused is acquitted for the offences punishable U/Sections 354(C) of IPC.
Bail bond and surety bond shall stand cancelled.
Accused shall execute personal bond of Rs.10,000/- towards compliance of section 437(A) of Cr.P.C.
[ (Dictated to the stenographer directly on the computer, typed by her and corrected by me, then pronounced in the open court, on this the 3rd day of January 2020 ).
(SHIRIN J ANSARI) V ACMM, Bangalore ANNEXURE
1. Witnesses examined by the prosecution.
P.W.1 Dr.Anupriya
2. List of the documents exhibited for the prosecution.
Ex.P.1 Complaint
Ex.P.1(a) Signature of CW 1
Ex.P.2 Mahazar
Ex.P.2(a) Signature of CW 1
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CC No.32375/2018
3. List of the witnesses examined for defence :Nil
4. List of the Documents exhibited for defence:Nil
5. List of the MOs marked in the evidence: Nil (SHIRIN J ANSARI) V ACMM,Bangalore.
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