Bangalore District Court
Girinagara Police Station vs Unknown on 6 June, 2015
IN THE COURT OF XXIV ADDL. CHIEF
METROPOLITAN MAGISTRATE, BANGALORE
DATED THIS THE 22nd DAY OF MAY, 2015
C.C. No.36535/2011
Present: SMT. HEMAVATHI, B.B.M., LL.B.,
XXIV ADDL. C.M.M., BANGALORE
COMPLAINANT : Girinagara Police Station
(State by Sr. A.P.P.)
V/s.
ACCUSED :
Vinod Kumar @ Vinod @ Boni
S/o. Late. Bhuvaneshwar, Aged
about 23 years, R/o. No.17, 9th
Cross, Anjaneya Temple Road,
Ittamadu, Bangalore.
(Reptd. by Sri. N.M.P. Advocate)
DATE OF COMMENCEMENT
OF OFFENCE : 12.02.2011
DATE OF ARREST
OF THE ACCUSED : ---
OFFENCE ALLEGED : U/s.380 of IPC
DATE OF COMMENCEMENT
OF EVIDENCE : 29.12.2014
DATE OF CLOSING OF
EVIDENCE : 29.12.2014
OPINION OF THE JUDGE : Found not guilty
(HEMAVATHI)
XXIV ADDL. C.M.M., BANGALORE.
2 C.C.No.36535/2011
-: J U D G M E N T :-
The accused has been charge sheeted by the Sub
Inspector of Police, (Crime Branch) Girinagara Police Station
for the offence punishable U/s.380 of IPC.
2. The brief facts of case of the prosecution is that:
On 12.02.2011 in between 08-00 to 08-30 PM, the
accused criminally trespassed into the 2nd Floor of house
No.26/1 of the complainant situated at BSK 3rd Stage,
Dwarakanagara, 6th Main and committed theft of two HP
company laptops worth of Rs.40,000-00 each belonged to
CW-1.
3. After receipt of complaint the SHO of Girinagara
Police Station set the law in motion and registered the case in
crime No.211/2011 and filed FIR to the court.
4. After completion of the investigation, charge sheet
has been submitted. After perusing the records, cognizance
taken and this case has been registered against the accused
for the offences punishable U/s.380 of IPC, summons was
issued for his appearance. On 23.05.2012 accused appeared
before the court and enlarged on bail. Charge sheet copy
furnished to him.
5. Charge framed against the accused, and its contents
read over him. The accused pleaded not guilty and claimed to
be tried.
3 C.C.No.36535/2011
6. The prosecution to bring home the guilt of the
accused examined one witness as PW-1.
7. The statement U/Sec. 313 Cr.P.C. of the accused is
recorded. The accused denied the incriminating evidence
appeared against him and did not choose to adduce evidence.
8. Heard both side.
9. The following points arise for my consideration.
1) Whether the prosecution beyond
reasonable doubt proves that on
12.02.2011 in between 08-00 to 08-30 PM,
the accused criminally trespassed into the
2nd Floor of house No.26/1 of the
complainant situated at BSK 3rd Stage,
Dwarakanagara, 6th Main and committed
theft of two HP company laptops worth of
Rs.40,000-00 each belonged to CW-1
and thereby the accused has committed an
offence punishable U/s.380 of IPC?
2) What order or sentence?
10. My findings on the above points as follows:
Point No.1 : In the Negative
Point No.2 : As per final order
for the following:
REASONS
POINT NO.1:
11. PW-1 Veeresh deposed that on 30.08.2011 when he
was Police Constable of Girinagara Police Station as per the
4 C.C.No.36535/2011
direction of CW-11, he along with CW-8 were on patrolling
duty to trace the accused in Crime No.198/2011 of said
police station and came near Bank Colony Bus Stop, they
caught hold one person by name Vinod Kumar @ Bony who
was holding two laptops on enquiry he did not give justifiable
answer, hence he brought him and produced before the PSI.
12. Herein out of 11 witnesses, the prosecution has
examined only one witness. In this case the charge was
framed on 24.09.2012, since than the summons and warrant
was being issued to secure the presence of the witnesses, but
the prosecution did not produce the witnesses before the
court. The summons and warrant issued to CW-1 to CW-7
returned with an endorsement that they are not in the given
address and they are not available for service.
13. On perusal of cumulative effect of the prosecution
evidence, I hold that the prosecution has failed to prove the
guilt alleged against the accused beyond reasonable doubt.
Hence, this point is answered in the Negative.
POINT NO.2:
14. For the reason stated above, I proceed to pass the
following order;
ORDER
The accused is acquitted U/s.248(1) Cr.P.C. for the offence punishable U/s.380 of IPC.
5 C.C.No.36535/2011The accused is set at liberty and his bail bond and surety bonds stand cancelled.
(Dictated to the stenographer, it is typed by him, corrected and then pronounced by me in open court on this the 22nd day of May, 2015) (HEMAVATHI) XXIV ADDL. C.M.M., BANGALORE ANNEXURE Witnesses examined for the Prosecution:
PW-1 : Veeresh Documents marked for the Prosecution:
-NIL-
Witnesses examined for the accused:
-NIL-
Documents marked for the accused:
-NIL-
(HEMAVATHI) XXIV ADDL. C.M.M., BANGALORE