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Bangalore District Court

State By vs N.C.John S/O.K.L.John on 16 December, 2015

        IN THE COURT OF THE X ADDL.C.M.M.
         MAYO HALL UNIT, AT BENGALURU

                 Dated: This the 16th day of December 2015

           PRESENT: Sri.ARJUN.S.MALLUR,
                                        B.A.L., LL.B.,
                    X Addl. Chief Metropolitan Magistrate,
                   Bengaluru City.

                       C.C.No.22212/2008
       Complainant -      State by, Police Sub Inspector
                          Viveknagar Police Station
                                     /vs/
       Accused         1. N.C.John S/o.K.L.John, 34 yrs.
                          No.150/1, opp. To Fairland, Egipura,
                          Main Road, Bengaluru.
                       2. Meghanath Das S/o.Nabi Kumar Das,
                          36 yrs.
                       3. Sanjeev      Devanath    S/o.Durjodhan
                          Devnath, 24 yrs.
                       4. Anup Adak S/o.Baghpar Adak, 24 yrs.
                       5. Debasish Mandal S/o.Subodh Mandal,
                          23 yrs.
                       7. Mohan Das S/o.Sudhang Sudas, 22 yrs.
                          A.2 to 5 and 7 are r/o.No.80/1, 4th
                          Cross, 6th Block, Srirama Temple
                          Road, Egipura, Bengaluru.
                          A.6 Gautham Chakravarthy - Dead


                             JUDGMENT

1. The PSI of Vivekangar police station have filed this chargesheet against the accused Nos.1 to 7 for the offences punishable u/S.363, 348, 384, 511 r/w.34 of IPC. 2 CC No.22212/2008

2. It is alleged by the prosecution that the accused Nos.1 to 7 having common intention on 27/3/2007 around 10.30 AM at Agaram Road, ASC Centre South, Viveknagar, Bengaluru kidnapped CW.1 in vehicle bearing No.KA-04-P-9971 and wrongfully confined him in the house of A.1 demanding him to bring Rs.50,000/- and further attempted to extort a sum of Rs.50,000/- from CW.2 and thereby committed the alleged offences.

3. On the basis of the complaint filed by complainant, a case was registered in Viveknagar P.S., Cr.No.61/2007 and FIR was submitted to the court. Panchanama of scene of offence was conducted in presence of panchas and statement of witnesses were recorded. Accused were apprehended and on completion of investigation chargesheet has been filed against the accused for the alleged offences.

4. Cognizance of offences was taken and summons was issued to the accused persons. Accused Nos.1 to 5 and 7 have appeared before the court through their counsel and have been released on bail. A.6 was reported to be dead and case against him came to be abated. Copies of chargesheet were furnished u/S.207 of Cr.P.C. After 3 CC No.22212/2008 hearing, charge was framed against the accused for the alleged offences and accused have pleaded not guilty and claimed to be tried.

5. The prosecution in support of its case has not examined any witness inspite of providing sufficient opportunities. As no evidence is adduced by the prosecution statement of accused u/S.313 of Cr.P.C. was dispensed with.

6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused and perused the records.

7. The points for consideration is:

1. Whether the prosecution proves beyond doubt that the accused Nos.1 to 7 having common intention on 27/3/2007 around 10.30 AM at Agaram Road, ASC Centre South, Viveknagar, Bengaluru kidnapped CW.1 in vehicle bearing No.KA-04-P-9971 and wrongfully confined him in the house of A.1 demanding him to bring Rs.50,000/- and further attempted to extort a sum of Rs.50,000/- from CW.2 and thereby committed the alleged offences?

2. What order?

8. My answer on the above points:

Point No.1 - Negative, Point No.2 - As per final order, for the following;

REASONS

9. POINT NO.1:

The prosecution in support of its case has not examined any witness. The case is of the year 2008 and charges are framed against A.1 to 5 and 7 on 1/12/2014. The I.O. has cited in all 11 witnesses in the chargesheet including himself. CWs.1 to 4 are the material witnesses who are shown to be working at ASC Centre South, Viveknagar, Bengaluru. Summons and warrants were repeatedly issued to these witnesses and they were reported to be not working at the said place and these witnesses are shown to be residents of West Bengal and even after issue of proclamation these witnesses were not secured for evidence. CWs.7 and 8 are shown to be mahazar witness for seizure of vehicle involved in the offence and they were also not secured inspite of issue of process repeatedly. All the material witnesses at CWs.1 to 4 were not available even after execution of proclamation, the prayer of Sr.APP to take coercive steps for summoning the I.O. was refused as no purpose would be served in examining him in the absence of material witnesses. In view of material witnesses not being available for evidence, it cannot be said that prosecution has been able to prove the alleged offences beyond 5 CC No.22212/2008 reasonable doubt and accordingly, I answer Point No.1 in the Negative.

10. POINT NO.2:

For the afore said reasons, I pass the following;

ORDER U/s 248(1) of Cr.P.C. the accused Nos. 1 to 5 and 7 are acquitted of the alleged offences punishable u/s 363, 348, 384, 511 r/w.34 of IPC. Bail bonds of accused stand cancelled and they are set at liberty. Interim custody of the vehicle bearing No.KA-04- P-9971 is made absolute.

(Dictated to the Steno, transcribed by him, same was corrected by me and then pronounced in open court on this the 16th day of December 2015).

(ARJUN.S.MALLUR) X A.C.M.M., BENGALURU ANNEXURE LIST OF WITNESSES EXAMINED Prosecution Defence

-Nil- Nil Exhibits Marked

-Nil-

Material Objects got marked

-Nil-

X A.C.M.M., Bengaluru.

7 CC No.22212/2008