Bangalore District Court
State By vs Gurushankar S/O.Ramaiah on 1 April, 2021
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 1st day of April 2021
PRESENT: Smt.ARATI B.KAMATE
B.A., LL.B.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.54647/2015
Complainant - State by, Police Sub Inspector
Halasuru Police Station
/vs/
Accused 1. Gurushankar S/o.Ramaiah, 46 yrs.
2. Smt.Rathnamma W/o.Gurushankar, 46
yrs.
Both r/o.No.17, 3rd Main Road, Domlur
Layout, Bengaluru.
JUDGMENT
1. The P.S.I of Halasuru police station has filed this chargesheet against the accused Nos.1 and 2 for the offences punishable u/S.323, 354, 355, 504, 506 r/w.34 of IPC.
2. It is the case of prosecution that on 5/8/2014 at 9.30 PM at 4th Cross, Domlur village in front of house of CWs.1 and 2, the A.1 and 2 having common intention pickedup quarrel with CW.1 relating to repayment of Rs.100/-. A2 dragged her by holding her tuft in the public place. They abused her in the filthy language. A.2 outraged the 2 CC No.54647/2015 modesty of CW.1 by dragging and touching her body and dishonored her person in the public place by kicking her. They gave life threat to herself and her family. Hence, it is alleged that accused have committed the alleged offences.
3. On the basis of the FIS lodged by the informant, case was registered against the accused in Halasur P.S., Cr.No.281/2014 and FIR was submitted to the court. On completion of investigation chargesheet has been filed against the accused Nos.1 and 2 for the alleged offences.
4. Cognizance of offence was taken and summons was issued to the accused Nos.1 and 2. They appeared through their counsel and they are on bail. Copies of chargesheet were furnished to accused u/S.207 of Cr.P.C. After hearing, charge was framed against the accused for the alleged offences and accused persons pleaded not guilty and claimed to be tried.
5. The prosecution in support of its case has examined 7 witnesses as PWs.1 to 7 and got marked 3 documents as Exs.P1 to P3. The statement of the accused was recorded u/S.313 of Cr.P.C. They denied the incriminating materials available against them. They did not lead any evidence.
3 CC No.54647/2015
6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused and perused the records.
7. The following points arise for determination:
1. Whether the prosecution proves beyond doubt that on 5/8/2014 at 9.30 PM at 4th Cross, Domlur village in front of house of CWs.1 and 2, the A.1 and 2 having common intention pickedup quarrel with CW.1 relating to repayment of Rs.100/-, dragged her by holding her tuft in the public place and outraged her modesty. And thereby committed an offence punishable u/S.354 r/w.34 of the IPC?
2. Whether the prosecution proves beyond doubt that on the above said date, time and place in prosecution of common intention accused abused CW.1 in the filthy language. And thereby committed an offences punishable u/S.504 r/w.34 of the IPC?
3. Whether the prosecution proves beyond doubt that on the above said date, time and place in prosecution of common intention A.1 outraged the modesty of CW.1 by dragging and touching her body, kicked her with an intention to dishonor her person in the public place. And thereby committed an offences punishable u/S.355 r/w.34 of the IPC?
4. Whether the prosecution proves beyond doubt that on the above said date, time and place in prosecution of common intention A.1 assaulted CW.1 voluntarily causing hurt. And thereby committed an offence punishable u/S.323 r/w.34 of the IPC?
5. Whether the prosecution proves beyond doubt on the above said date, time and place in 4 CC No.54647/2015 prosecution of common intention accused gave life to CW1 and her family. And thereby committed an offences punishable u/S.506 r/w.34 of the IPC?
6. What order?
8. The above points are answered in the following manner;
Point Nos.1 to 5 - Negative, Point No.6 - As per final order, for the following;
REASONS
9. POINTS NOS.1 to 5:- Since these points are inter-linked with each other, they have been taken together for consideration in order to avoid repetition.
10. It is the case of the prosecution is that the accused persons outraged the modesty of CW.1 by dragging her holding her tuft, abused her in filthy language and caused dishonor to CW.1 in public place by touching her body and threatened herself and her family with life. The prosecution has examined the witnesses as PWs.1 to 7. The criminal law was set into motion by CW.1 by lodging FIS. She was examined as PW.1. In her evidence she deposed that she had purchased a dress material and saree from A.2 and she was due of Rs.100/-. She could not repay the same inspite of call by accused 5 CC No.54647/2015 several times. On 5/5/2014 at 9.00 PM A.2 came near her house and abused her in filthy language. She assaulted by pulling her hair. A.1 also came and abused her and outraged her modesty. He also gave life threat. In that regard she has lodged FIS as per Ex.P1. She deposed regarding drawing of mahazar as per Ex.P2.
11. PW.2 deposed that on 5/82014 at 9.30 PM the accused persons pickedup quarrel with CW.1 and abused in filthy language and assaulted by holding tuft.
12. PW.3 deposed that about 2 years back around 9.30 PM he came outside his house by hearing some voice. The galata was taking place between CW.1 and accused. The accused were assaulting CW.1 by holding tuft and abusing in filthy language. He pacified the quarrel.
13. PWs.4 and 5 deposed that mahazar was conducted in their presence as per Ex.P2.
14. PW.7 deposed regarding receipt of FIS and registration of FIR. He visited the spot and conducted mahazar as per Ex.P2. He recorded the statement of witnesses. He stated that the accused appeared before him after obtaining anticipatory bail. He enlarged them on bail. He handed over further investigation to CW.8. PW.6 deposed that he 6 CC No.54647/2015 took up further investigation from CW.7. As investigation was completed he filed chargesheet.
15. As per the case of the prosecution accused persons pickedup quarrel with CW.1 assaulted her, outraged her modesty and also gave life threat. PW.2 has stated that that PW.1 has sustained injuries in the incident. He has further stated that he did not take her to the hospital. If she had sustained any injury she could have been taken to the hospital to provide treatment. PW.3 has stated that complainant did not sustain any injury in the incident. The accused have taken contention that the present complaint is filed by PW.1 at the instigation of Muniswamy as there is a dispute regarding Atti Maramma Temple between Muniswamy and accused. PW.1 has denied the same. But during further cross examination PW.1 has admitted that the accused have not abused her in filthy language and they did not outrage her modesty. She has also admitted that no incident had happened. She has also admitted that the accused got good reputation and helped her during hospitalization of her brother. PW.2 and 3 have also admitted that accused have not abused CW.1 in filthy language, they have not outraged her modesty and not assaulted her. They have also admitted that no incident had happened. 7 CC No.54647/2015
16. The prosecution has to prove the guilt of the accused beyond reasonable doubt. Perusal of the materials on record creates a doubt regarding happening of alleged incident. After considering the materials on record, if two views are possible in such circumstance, the one which is favourable to the accused be considered. If any doubt arises, the benefit of the same should go to the accused persons. The facts and circumstances revealing from the evidence by itself are sufficient to extend benefit of doubt to the accused. Therefore, the prosecution has failed to prove the guilt of the accused to the hilt. Hence, Points No.1 to 5 are answered in the Negative.
17. POINT NO.6:
For the afore said reasons, the following order is passed;
ORDER Acting u/S.248(1) of Cr.P.C. the accused Nos.1 and 2 are acquitted of the offences punishable u/S.323, 354, 355, 504, 506 r/w.34 of IPC. Bail bonds of accused persons stand cancelled. (Dictated to the Steno directly on computer, typed by him, same was corrected by me on computer and then pronounced in open court on this the 1st day of April 2021).
(ARATI B.KAMATE) X A.C.M.M., BENGALURU.
8 CC No.54647/2015
ANNEXURE
LIST OF WITNESSES EXAMINED
Prosecution Defence
PW.1 Smt.Sudha.. Nil
PW.2 Shankar.
PW.3 Rathnamma.
PW.4 Raju.
PW.5 Venkatesh.
PW.6 Manjunath G.Hiremath.
PW.7 Anantharamaiah.
Exhibits Marked
Ex.P1 FIS.
Ex.P1(a)Signature of PW.1.
Ex.P1(b)Signature of PW.7.
Ex.P2 Mahazar.
Ex.P2(a)Signature of PW.1.
Ex.P2(b)Signature of PW.4.
Ex.P2(c)Signature of PW.5.
Ex.P3 FIR.
Ex.P3 Signature of PW.7.
Material Objects got marked
-Nil-
X A.C.M.M., Bengaluru.