Bangalore District Court
State By : Rajagopalnagar Police ... vs Nos. 1 Kumar N S/O Ningaiah on 2 June, 2023
KABC030327652019
IN THE COURT OF VII ADDL.CHIEF METROPOLITIAN
MAGISTRATE, BENGALURU.
Dated this the 2nd day of June, 2023.
Present : Sri.Umesha H.K. B.A.LLB.,
VII Addl. C.M.M., Bengaluru.
JUDGMENT U/s 355 of Cr.P.C
C.C.No.10366/2019
Complainant : State by : Rajagopalnagar Police Station.
(By Sr.Asst. Public Prosecutor)
V/s
Accused Nos. 1 Kumar N S/o Ningaiah,
Age 44 years.
2 Ningaraju S/o Kumar N,
Age 24 years,
Both are R/at No.93/1, Near Flour Mill,
6th Cross, Bolubande Anjenya Temple
Road, Srigandhanagar, Hegganahalli,
Bengaluru-91.
(By Sri.Siddalingendra, Advocate)
Date of occurrence of offence 22.09.2018
Date of report of offence 23.09.2018
Name of the Complainant Smt.Manjula W/o
Parameshwaraiah
Date of Commencement of recording 22.05.2023
Evidence
2 C.C.No.10366/2019
Date of Closing of Evidence 22.05.2023
Offences complained of U/s 354(B), 323, 504, 506
r/w 34 of I.P.C.
Opinion of the Judge Accused Nos.1 and 2 found
not Guilty.
CW.9 P.S.I. of Rajagopalnagar Police Station has
filed charge sheet against the accused Nos.1 and 2 for
the offences punishable U/s 354(B), 323, 504, 506 r/w
34 of I.P.C.
2. Brief case of the prosecution is as under :
It is alleged in the chargesheet that on
22.09.2018 at about 8.00 p.m., within the jurisdiction
of Rajgaopalnagar P.S, Srigandhanagar, Hegganahalli,
house No.93/1, accused Nos.1 and 2 with common
intention picked up quarrel with CW-1 in connection
with cleaning of house front door and abused her in
filthy language and assaulted her with hands and
pulled her dress and torned the dress and committed
out-rage of modesty of CW-1 in public road and
threatended to take away her life and thereby
3 C.C.No.10366/2019
committed the offences U/s 354(B), 323, 504, 506 r/w
34 of I.P.C.
3. After receipt of First Information by CW-1,
Crime was registered in Crime No.518/2018, dated
23.09.2018 and investigation was taken up. After
completion of investigation, the charge-sheet was
submitted against the accused for the aforementioned
offences.
4. This Court by perusing the chargesheet
materials acting U/s 190 (1) (b) of Cr.P.C, has taken
cognizance for the offences U/s 354(B), 323, 504, 506
r/w 34 of I.P.C., and registered the case as CC and
issued summons to the accused.
5. In pursuance of the summons accused
appeared through their counsel and they are on bail.
The prosecution papers have been given to accused
as required U/s. 207 of Cr.P.C. Thereafter, heard
Ld.counsel for accused Charge is framed against the
4 C.C.No.10366/2019
accused for which they pleaded not guilty and claims
to be tried.
[\ 6. The prosecution has examined P.W.1 and
got marked Ex.P.1 and 2 on its behalf. Since, the
material witness i.e., Complainant/Injured completely
turned hostile, prayer of Ld.Sr.APP for issuance of
summons to CW-2 to 9 is dropped. As there is no
incriminating evidence available against them,
recording of Statement of accused U/s 313 of Cr.P.C.
is dispensed.
7. Heard the argument. Perused the
documents placed on record.
8. The points that arise for consideration are :
1.Whether the prosecution has proved beyond all reasonable doubt that accused have committed the offences U/s 354(B), 323, 504, 506 r/w 34 of I.P.C. ?
2. What order ?
9. The above points are answered as under :
Point No.1: In the Negative. Point No.2: As per final order for the following :5 C.C.No.10366/2019
REASONS 10 . Point No.1 : It is the case of prosecution that on 22.09.2018 at about 8.00 p.m., within the jurisdiction of Rajgaopalnagar P.S, Srigandhanagar, Hegganahalli, house No.93/1, accused Nos.1 and 2 with common intention picked up quarrel with CW-1 in connection with cleaning of house front door and abused her in filthy language and assaulted her with hands and pulled her dress and torned the dress and committed out-rage of modesty of CW-1 in public road and threatended to take away her life and thereby committed the offences U/s 354(B), 323, 504, 506 r/w 34 of I.P.C.
11. The prosecution in order to prove the guilt of the accused has examined PW-1. PW-1 is the Complainant/Victim and she deposed against to her complaint averments and stated that she signed Ex.P- 1 and 2 at Rajagopalnagar P.S about three years back and she does not know the contents of Ex.P-1 and 2 6 C.C.No.10366/2019 and she has not lodged complaint against accused and police have not drawn mahazar in her presence.
12. Ld.Sr.APP has cross-examined her at length and during the cross-examination he suggested regarding lodging of Complaint as per Ex.P-1 drawing of mahazar in her presence as per Ex.P-2, but she specifically denied regarding giving of Complaint as per Ex.P-1 and drawing of mahazar as per Ex.P-2.
Nothing worth has been elicited to disbelieve her version. Ld.Sr.APP suggested by compromising the matter deposing false evidence etc. But she denied the said specific suggestion.
13. Except the hostile evidence of PW-1 there is nothing on record to show that accused have committed the offences punishable U/s 354(B), 323, 504, 506 r/w 34 of I.P.C. Further, there is no evidence to show that accused have winover the prosecution witness i.e., PW-1. Thus, this Court is of the opinion that the Prosecution not proved the guilt of the 7 C.C.No.10366/2019 accused beyond all reasonable doubt. Hence, by extending the benefit of doubt in favour of accused Nos.1 and 2, I answer Point No.1 in the Negative. 14 . Point No.2 : In view of the discussion made above, accused Nos.1 and 2 found not guilty. Hence, I proceed to pass the following :
O RDE R Acting U/s 248 (1) of Cr.P.C. the accused Nos.1 and 2 are hereby acquitted for the offences punishable U/s 354(B), 323, 504, 506 r/w 34 of I.P.C.
Bail bonds and surety shall stand cancelled after the appeal period is over.
(Dictated to the Stenographer, directly on the computer typed by him, then corrected and pronounced by me in the open Court on 2nd day of June, 2023) ( UMESHA H.K.) VII Addl. C.M.M., Bengaluru.8 C.C.No.10366/2019
A N N E X U R E S List of witnesses examined for the Complainant :
PW.1 Manjula.
List of documents marked for the complainant :
Ex.P.1 Complaint,
Ex.P.2 Mahazar.
List of witnesses examined for the Accused Nil.
List of documents exhibited for the Accused Nil.
List of Material Object marked for Prosecution Nil.
Digitally
signed by H
K UMESH
HK Date:
UMESH 2023.06.03
12:53:00
+0530
VII Addl.C.M.M.,Bengaluru.
9 C.C.No.10366/2019