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Unknown vs Nos.1 Aed 2 Before The Jurisdictioeal ... on 12 October, 2018

IN THE COURT OF THE I ADDL.CMM: BENGALURU

       Dated this the 12th day of October 2018.

     Present: Shri V.Jagadeesh, B.Sc., LL.M.
             I Addl. C.M.M BENGALURU.

            JUDGMENT U/s.355 Cr.P.C.,

Case No.           : C.C.No.13139/2017

Date of Ofeece     : 22-3-2017

Name of complaieaet : State by Gaegammagudi
                      Police Statioe, Beegaluru.

Name of accused    :   1. Vamshikrishearavi
                          s/o Ravi Raviedra Rao,
                          aged 32 years,
                          r/o No.G-4,
                          Geethaejali Resideecy,
                          6th cross, Baeashaekari
                          I Stage, Beegaluru 50,

                         2. Syed Kamal Huseei
                         s/o laye Syed Asad
                         Ulla Huseei,
                         aged 43 years,
                          r/o No.4, 1st foor,
                         behied West Market,
                         Vieayakaeagar,
                         Chikkabaeavara,
                         Hesaraghatta,
                         Beegaluru 90.
 2                                            C.C.No.13139/2017




Ofeece complaieed of: U/s. 5 of Ofcial Secret Act,
                       1923

Plea of accused         : Pleaded eot guilty

Fieal Order            : As per feal order

Date of Order          : 12-10-2018.

                           JUDGMENT

The Sub-Iespector of Police, Gaegammagudi Police Statioe, Beegaluru has fled the charge sheet agaiest the accused Nos.1 aed 2 for the ofeece pueishable ueder Sectioe 5 of Ofcial Secret Act, 1923.

2. It is the case of the prosecutioe that, oe 22-3-2017 at about 12-50 p.m., the accused Nos.1 aed 2 beieg the employees of promoters of Real Mix Eeergy Driek products obtaieed permissioe from C.Ws.5 aed 6 aed takee photos outside the maie gate ie prohibited area, beloegs to Airforce wieg aed without aey permissioe seet those photos ie WhatsApp 3 C.C.No.13139/2017 illegally to C.Ws.7 aed 8. Ueder such circumstaeces, the complaieaet has fled a complaiet agaiest the accused Nos.1 aed 2 before the jurisdictioeal police. Accordiegly, the Gaegammagudi police have registered the case agaiest the accused Nos.1 aed 2 for the ofeece pueishable ueder Sectioe 5 of Ofcial Secret Act ie Crime No.50/2017. The Ievestigatieg Ofcer, after completioe of ievestigatioe has fled the charge sheet agaiest the accused Nos.1 aed 2 for the aforesaid ofeece.

3. After appearaece of the accused Nos.1 aed 2, eecessary documeets as relied by the prosecutioe, are fureished to the accused Nos.1 aed 2 as provided ueder Sectioe 207 of Cr.P.C. Charge has beee framed aed same is read over aed explaieed to the accused Nos.1 aed 2. The accused Nos.1 aed 2 pleaded eot 4 C.C.No.13139/2017 guilty aed claims to be tried. Therefore, the case was posted for prosecutioe evideece.

4. C.Ws.1 to 9 have beee cited as charge sheet witeesses. Ie order to prove the guilt of the accused Nos.1 aed 2, durieg the course of trial, C.Ws.1, 9, 7 aed 8 are examieed as P.Ws.1 to 4 respectively aed got marked Exs.P1 to P12. So far as other charge sheet witeesses are coecereed, their preseece is eot secured, iespite of sufcieet time aed repeated issuaece of summoes aed warraets. Therefore, they are dropped.

5. After completioe of prosecutioe evideece, the statemeet of the accused Nos.1 aed 2 was recorded ueder Sectioe 313 of Cr.P.C. The accused Nos.1 aed 2 have eot adduced aey defeece evideece oe their behalf. Therefore, there is eo defeece evideece oe behalf of the accused Nos.1 aed 2.

6. Heard the argumeets of leareed Seeior A.P.P. aed couesel appearieg for accused Nos.1 aed 2. The poiets that would arise for my coesideratioe are as ueder:

1. Whether the prosecutioe proves beyoed all reasoeable doubt that, the accused Nos.1 aed 2 have committed the ofeece pueishable ueder Sectioe 5 of Ofcial Secret Act, 1923 of IPC?

2. What order ?

7. My aeswer to the above poiets are as ueder:

Poiet No.1: Ie the Negative.

Poiet No.2: As per feal order, for the followieg:

REASONS

8. Point No.1:- The coeteetioe of the prosecutioe is that oe 22-3-2017 at about 12-50 p.m., the accused Nos.1 aed 2 beieg the employees of promoters of Real Mix Eeergy Driek products obtaieed permissioe from C.Ws.5 aed 6 aed takee photos outside the maie gate 6 C.C.No.13139/2017 ie prohibited area, beloegs to Airforce wieg aed without aey permissioe seet those photos ie WhatsApp illegally to C.Ws.7 aed 8 aed thereby the accused Nos.1 aed 2 have committed the ofeece pueishable ueder Sectioe 5 of Ofcial Secret Act, 1923.

9. Ie order to prove the guilt of the accused Nos.1 aed 2 for the ofeece pueishable ueder Sectioe 5 of Ofcial Secret Act, 1923, C.W.1/complaieaet is examieed himself as P.W.1. Ie the course of chief- examieatioe, P.W.1 has reiterated the allegatioes takee ie the course of complaiet agaiest the accused persoes. Therefore, I eeed eot recapitulate those facts agaie at this stage aed he got marked complaiet, mahazar aed seizure mahazar aed also WhatsApp messages as Exs.P1 to P9.

10. The leareed couesel for accused has cross- examieed P.W.1 ie detail, ie which he has categorically admitted all the suggestioes made by the couesel for accused. It is admitted that the accused Nos.1 aed 2 have eeter their premises with the permissioe of their seeior ofcer. It is also admitted that the accused persoes have takee the photographs before eeterieg ieto the maie gate outside the premises aed Ex.P7 pertaies to froet view of the gate. Therefore, this categorical admissioe of P.W.1 is eot sufcieet to prove the guilt that the accused Nos.1 aed 2 that have takee the photographs ieside the premises ie prohibited area illegally. It is also admitted by P.W.1 that he has eot produced video clippiegs ie the preseet case. It is admitted that the accused No.2 used to supply logistics to their departmeet. It is also admitted by P.W.1 that while takieg the seaps as per Ex.P7, their guards were also preseet outside the gate. This admissioe disproves 8 C.C.No.13139/2017 their allegatioes that the accused have takee the photographs ie the prohibited area. As admitted by P.W.1 that the accused Nos.1 aed 2 have takee the photo outside the gate i.e, outside the prohibited area. Whee that beieg the case, the provisioe coetemplated ueder Sec.5 of Ofcial Secret Act, 1923 is eot proved.

11. C.W.9 is examieed as P.W.2. P.W.2 is the Ievestigatieg Ofcer who has deposed about the ofcial duty discharged by him durieg the course of ievestigatioe. Though P.W.2 was eot cross-examieed, but his evideece is eot sufcieet to prove the guilt of the accused. Oe the other haed, the evideece of P.W.1 is eot at all sufcieet to prove the alleged ofeeces.

12. C.W.7 aed 8 are examieed as P.Ws.3 aed 4. P.W.3 has deposed that he is the Director of Real Mix Eeergy Drieks Iedia Limited aed admitted that the accused 9 C.C.No.13139/2017 No.2 is their represeetative aed seet by them to promote supply of soft beverages to Air Force. Ie chief-examieatioe, P.W.3 has deposed ie page Nos.1 aed 2 to the followieg efect:

DgÉÆævÀgÀÄ Kgï¥ÉÇøïð M¼ÀUÉ ºÉÆÃzÀ £ÀAvÀgÀ Kgï¥ÉÇøïð DªÀgÀtzÀ ¥ÉÇÃlÉÆUÀ¼À£ÀÄß vÉÉUÉzÀÄ ¸ÀzÀj ¥ÉÇÃmÉÆÃUÀ¼À£ÀÄß £À£Àß ªÁålì¥ï £ÀA§gïUÉ ¥ÉÇÃmÉÆÃUÀ¼À ¸ÀªÉÄÃvÀ ªÉĸÉÃeï£ÀÄß PÀ¼ÀÄ»¹gÀÄvÁÛgÉ. The evideece of P.W.3 as above clearly shows that whatever the photos takee by the accused Nos.1 aed 2 are eot prohibited.

13. The leareed couesel for accused has cross-examieed P.W.3 ie brief, ie which he has deposed to the followieg efect:

£ÀªÀÄä PÀA¥À¤AiÀÄ ¤AiÀĪÀÄzÀ ¥ÀæPÁgÀ £ÀªÀÄä ¥ÀgÀªÁV PÀvÀðªÀå ¤ªÀð»¸ÀĪÀ PÉ®¸ÀUÁgÀgÀÄ K£Éà PÉ®¸À ªÀiÁrzÀgÀÄÁ CzÀgÀ §UÉÎ ¥ÉÇÃmÉÆà vÉUÉzÀÄ PÀ¼ÀÄ»¸ÀĪÀ ¸ÀA¥ÀæzÁAiÀÄ £ÀªÀÄä°è EzÉ JAzÀÄ ºÉüÀĪÀÅzÀÄ ¸Àj.

The categorical admissioe of P.W.3 as above is more thae sufcieet to disprove the allegatioes made agaiest the accused. As admitted by P.W.1 himself the act of the accused No.1 will eot amouets to ofeece ueder Sectioe 5 of the Ofcial Secret Act.

14. P.W.4 has deposed that the accused Nos.1 aed 2 have seet froet photos to them, as he is oee of the parteers of the said frm. It is admitted by P.W.4 that the accused has seet photo foued ie Ex.P4 to him. Ie view of the categorical admissioe of complaieaet himself, it is clear that the accused Nos.1 aed 2 have 11 C.C.No.13139/2017 eot at all committed aey ofeece as alleged ie the complaiet for the ofeece pueishable ueder Sectioe 5 of the Ofcial Secret Act, 1923. Therefore, ie veiw fo the above discsussioes aed reasoeiegs, I am lof the opieioe that the prosecutioe has misedrably failed to prove the guilt of the accused Nos.1 aed 2 for the ofeece pueishable ueder Sectioe 5 of Ofcial Secret Act, 1923 beyoed all reasoeable doubt. Heece, it is held that the accused Nos.1 aed 2 are eetitled for acquittal for the alleged ofeece. Accordiegly, I aeswer poiet No.1 ie the negative.

15. Point No.2:- Ie view of my aeswer oe the poiet No.1, I proceed to pass the followieg:

ORDER The accused Nos.1 aed 2 are eot foued guilty for the ofeece pueishable ueder Sectioe 5 of Ofcial 12 C.C.No.13139/2017 Secret Act, 1923. Therefore, they are acquitted for the said ofeece ueder Sectioe 248(1) Cr.P.C.

The bail aed surety boeds of the accused Nos.1 aed 2 staeds caecelled.

(Dictated to the steeographer, traescribed aed typed by her, corrected by me aed thee proeoueced ie opee court oe this the 12th day of October 2018).

(V.Jagadeesh) I Addl. CMM., Beegaluru.

ANNEXURE List of witeesses examieed oe behalf of prosecutioe:-

P.W.1,          Pramod,
P.W.2,          Rajappa,
P.W.3,          Rashad Ahamed,
P.W.4,          Mohammed Alikhae;

List of documeets marked oe behalf of prosecutioe:-

Ex.P1,          Complaiet,
Ex.P1(a),       Sigeature of P.W.1,
Ex.P2,          Spot mahazar,
Ex.P2(a),       Sigeature of P.W.1,
Ex.P3,          Seizure mahazar,
Ex.P3(a),       Sigeature of P.W.1,
Ex.P3(b),       Sigeature of P.W.2,
 13                                        C.C.No.13139/2017


Ex.P4 to
Ex.P9,          Priet out of WhatsApp messages,
Ex.P10,         Import Certifcate,
Ex.P11,         Export certifcate,
Ex.P12,         Certifcate of iecorporatioe;


List of material object: NIL

List of witeesses examieed oe behalf of the defeece:-

NIL List of documeets marked oe behalf of the defeece:-

NIL (V.Jagadeesh) I Addl. CMM., Beegaluru.

12/10/2018 State by Sr.APP Accused Nos.1aed 2 C/B For Judgmeet (Judgmeet proeoueced ie the Opee Court) ORDER The accused Nos.1 aed 2 are eot foued guilty for the ofeece pueishable ueder Sectioe 5 of Ofcial Secret Act, 1923. Therefore, they are acquitted for the said ofeece ueder Sectioe 248(1) Cr.P.C.

The bail aed surety boeds of the accused Nos.1 aed 2 staeds caecelled.

(V.Jagadeesh), I ACMM, Beegaluru.