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4. Name Of The Manjunath @ Parivala vs Manja @ Manju on 16 March, 2017

IN THE COURT OF THE VIII ADDL. C.M.M., BENGALURU.

       Dated this the 15th day of March 2017.

       Present : Sri.Mohamed Ashraf Aris, B.A., LL.B.
             VIII ADDL. C.M.M., BENGALURU.

                      CC No. 18958/2015

      JUDGMENT U/S 355 OF THE Cr.P.C. 1973.
     1. Sl. No. of the Case    18958/2015
     2. The date of           11.04.2015
        commission of the
        offence
     3. Name of the           State Cubbon Park P.S.
        complainant

     4. Name of the           Manjunath     @    Parivala
        accused               Manja @ Manju, S/o.
                              Chandrahaasa, R/at 16, I
                              Main,     Tigalara     Pet,
                              Nagarath Pet, Bengaluru.

     5. The offence         U/sec.454,  of IPC.
        complained of or
        proved
     6. Plea of the accused Pleaded not guilty
        and his
        examination
     7. Final Order         Acting U/sec. 248(1) Cr.PC
                            Accused is acquitted.

     8. Date of such order    15/03/2017
        For the following:-
                              2                  CC No. 18958/2015




                          JUDGMENT

This is the charge sheet filed by the PSI, Cubbon Park P.S. against the accused for the offence punishable U/sec.454, 380 of IPC.

2. The brief facts of the prosecution case is that:

Accused on 11.04.2015 in between 3 to 4 30 p.m. at M/s. Visas 9.com Office bearing No.44, situated at II Street, within jurisdiction of Cubbon Park P.S., in order to commit an offence break open the door lock of the office, which is belonging to CW.1 and with dishonest intention committed theft of cash of Rs. 2,000/- , which was kept in the table drawer, belonging to CW.1 and thereby committed the alleged offence.

3. Accused is in judicial custody. Copies of the charge sheet papers were furnished to the accused. The accused pleaded not guilty to the charge read over to him. Prosecution examined PWs:1 and 2 and got marked Ex.P.1 3 CC No. 18958/2015 and 2. Accused has been questioned u/sec. 313 of Cr.PC., accused has not led any defence evidence.

4. Heard arguments from both the sides .

5. The points that arise for determination are as follows:

1) Whether the prosecution proves beyond all reasonable doubt that accused on 11.04.2015 in between 3 to 4 30 p.m. at M/s. Visas

9.com Office bearing No.44, situated at II Street, within jurisdiction of Cubbon Park P.S., in order to commit an offence break open the door lock of the office, which is belonging to CW.1 and with dishonest intention committed theft of cash of Rs.

2,000/- , which was kept in the table drawer, belonging to CW.1 and thereby committed the 4 CC No. 18958/2015 offence punishable U/sec.454, 380 of IPC.?

2) What order?

6. The Answer to the above points are as follows:

Point No.1 In the negative Point No.2 As per final order for the following:

REASONS

7. Point No.1:-

CW.1 has been examined as PW.2. He has stated in his evidence that due to missing of some documents kept in the drawer and cash of Rs. 2,000/- he lodged a complaint as per Ex.P2. On the same day police came to his shop and drew the mahazar as per Ex.P1.

8.CW.2 has been examined as PW.1. He has stated that on 11.4.15 police conducted mahazar in his presence in connection with theft of money in the office at Church Street and he signed on Ex.P1.

9.Apart from the evidence of PW.1 and 2, there is no other evidence available in this case. The other witnesses i.e., CW.4 to 8, did not turn up inspite of taking coercive steps hence, they were dropped. CW.3 has been given up by the prosecution. The evidence of PW.1 and 2 is not sufficient to link of the circumstances to prove the guilt of accused. Hence, benefit of doubt is given to the accused and Point No.1 is answered in the negative.

10. Point No.2:- In the result, the following order is passed:

ORDER Acting under Section-248(1) of Cr.P.C., the accused is hereby acquitted of the offence U/sec.454, 380 of IPC.

Issue direction to jail authority to release accused forthwith, if he is not required in any other case.

(Dictated to the stenographer, transcript thereof, corrected and then pronounced by me in the open court this the 15th day of March 2017.) (Mohamed Ashraf Aris) VIII Addl.C.M.M. Bengaluru.

Annexure:

1.List of Witnesses examined on behalf of the prosecution: P. Ws:

1. B.Sendil Kumar.

2. Anil.B.N.

2.List of Documents marked on behalf of the prosecution:- Ex.Ps:

1. Mahazar

2. Complaint.

3.List of Material objects marked on behalf of the prosecution:- -NIL-

4.List of witnesses and documents marked on behalf of the accused:- - NIL -

VIII Addl. C. M. M. Bengaluru.

Judgment pronounced in the open court. (vide separate order) ORDER Acting under Section-248(1) of Cr.P.C., the accused is hereby acquitted of the offence U/sec.454, 380 of IPC.

Issue direction to jail authority to release accused forthwith, if he is not required in any other case.

VIII Addl.C.M.M. Bengaluru.