Bangalore District Court
K.G. Halli P.S vs Mohammed Yaqoob And Others on 27 February, 2025
KABC0C0018652022
IN THE COURT OF THE X ADDL.C.J.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 27th day of February 2025
PRESENT: Smt. ANJALI SHARMA.V.S
B.B.A.(Hons.), LL.B.(Hons.),
X Addl. Chief Judicial Magistrate,
Bengaluru City.
C.C.No.50471/2022
Complainant State by, Police Sub Inspector
K.G.Halli Police Station
/vs/
Accused No. 1. Mohammad Yakub
S/o. Mohammed Hussain,
Aged about 55 years,
2. Mohammad Rakhib
S/o. Mohammad Yakub
Aged about 20 years,
4. Mohammad Haseeb
S/o. Mohammad Yakub
Aged about 19 years,
All are R/at. No. 17, 3rd Cross, Gandhi Nagar,
2nd Stage, Shampura Main Road,
K.G.Halli, Bengaluru - 560 045.
(Case against A3 abated)
2 C.C.No. 50471/2022
:: JUDGMENT ::
The K.G.Halli Police Station, Bengaluru filed this charge sheet against the accused No.1 to 4 for the offence punishable under Sections 323, 324, 354, 448, 504, 506 R/w. 34 of IPC.
2. The brief facts of the prosecution case that:
That on 03/10/2021 at about 3.00 pm, when CW1 to 5 went near the house of accused persons on 3 rd Cross, Gandhi Nagar, 2nd Stage, Shampura Main Road, K.G.Halli, with regard to the children fighting, accused No. 1, 2 & 4 along with accused No. 3 in furtherance of common intention picked up a fight with CW1 and intentionally insulted CW1 by abusing her in foul language and accused No.2 held the cloth of CW1 and tore it and accused No. 3 held the cloth of CW3 and tore it intending to outrage their modesty and accused No. 1, 2 & 4 along with accused No. 3 voluntarily caused hurt to CW2 with iron rod and voluntarily caused hurt to CW2 to 5 with hands and when CW1 and 2 went inside the house, accused No. 2 trespassed in to their house and voluntarily caused hurt to CW1 and 2 by assaulting them with hands and committed criminal intimidation by threatening CW1 to 5 with threat to cause death and thereby accused No.1 to 4 committed the offence punishable under Sec.323, 324, 354, 448, 504, 506 R/w. 34 of IPC.3 C.C.No. 50471/2022
3. The Investigating officer after completion of the investigation, filed the charge-sheet against the accused No. 1 to 4. This Court took cognizance for the said offence and registered the case and issued summons to the accused No. 1 to 4. Accused No. 1 to 4 appeared and got enlarged on bail. During the course of trial accused No. 3 reported to be dead, hence case against him ordered to abated.
4. After compliance of Section 207 of Cr.P.C., this Court framed charge against the accused No. 1, 2 & 4 for the offence punishable under section 323, 324, 354, 448, 504, 506 R/w. 34 of IPC and read over the same to them in the language known to them. The accused No.1, 2 & 4 pleaded not guilty and claimed to be tried. Therefore, the case was posted for trial.
5. In order to bring home the guilt of the accused No. 1, 2 & 4 the prosecution got examined five witnesses as PW1 to 5 and got marked eight documents as per Ex.P1 to Ex.P8.
6. As the witness/victim turned hostile, the remaining witnesses were dropped and the statement of the accused No.1, 2 & 4 under Section 313 of Cr.P.C. was dispensed with.
7. Heard the learned A.P.P. and learned counsel for the accused No. 1, 2 & 4.
4 C.C.No. 50471/20228. The points that arise for my consideration are as under :-
1. Whether the prosecution proves beyond all reasonable doubt that, 03/10/2021 at about 3.00 pm, when CW1 to 5 went near the house of accused persons in 3rd Cross, Gandhi Nagar, 2nd Stage, Shampura Main Road, K.G.Halli, with regard to the children fighting, accused No. 1, 2 & 4 along with accused No. 3 in furtherance of common intention picked up a fight with CW1 and intentionally insulted CW1 by abusing her in foul language and accused No.2 held the cloths of CW1 and tore it and accused No. 3 held the cloths of CW3 and tore it intending to outrage their modesty and accused No. 1, 2 & 4 along with accused No. 3 voluntarily caused hurt to CW2 with iron rod and voluntarily caused hurt to CW2 to 5 with hands and when CW1 and 2 went inside the house, accused No. 2 trespassed in to their house and voluntarily caused hurt to CW1 and 2 by assaulting them with hands and committed criminal intimidation by threatening CW1 to 5 with threat to cause death and thereby accused No. 1, 2 & 4 along with accused No. 3 committed the offence punishable under Sec.323, 324, 354, 448, 504, 506 R/w. 34 of IPC and within the cognizance of this Court?
2. What order?
9. My findings on the above said points are as under:
Point No.1 : In the Negative.
Point No.2 : As per the final order for
the following:
5 C.C.No. 50471/2022
REASONS
10. POINT No.1:- It is the case of the prosecution that, accused No. 1, 2 & 4 along with accused No. 3 in furtherance of common intention picked up a fight with CW1 and intentionally insulted CW1 by abusing her in foul language and accused No.2 & 3 held the cloths of CW1 and 3 and tore it intending to outrage their modesty and accused No. 1, 2 & 4 along with accused No. 3 voluntarily caused hurt to CW2 with iron rod and voluntarily caused hurt to CW2 to 5 with hands and when CW1 and 2 went inside the house, accused No. 2 trespassed in to their house and voluntarily caused hurt to CW1 and 2 by assaulting them with hands and committed criminal intimidation by threatening CW1 to 5 with threat to cause death.
11. CW1 to 5 are examined as PW1 to 5. They commonly deposed that, they are acquainted with accused persons. They further submitted that, no quarrel took place between them and the accused persons. They denied that, accused persons trespassed into their house and voluntarily caused hurt by assaulting them with hands and iron rod. They deposed that, accused persons did not insult them in foul language and did not gave life threat to them. They further deposed that, accused persons did not mis- behaved with PW1 & 3. PW1 deposed that she did not file any complaint as per Ex.P1 against the accused persons in the police 6 C.C.No. 50471/2022 station. Though PW1 identified her signatures on Ex.P1 and Ex.P2. She deposed that she does not know the contents of those documents. PW1 & 3 commonly deposed that they did not give any 164 statement as per Ex.P3 & 5 infront of Magistrate. PW2 to 5 commonly deposed that they did not give any statement as per Ex.P4, 6 to 8 against the accused persons in the police station. They deposed that they does not know the contents of those documents. Though, these witnesses were treated as hostile by the prosecution nothing was elicited in their cross-examination.
12. On perusal, the prosecution had to prove that, accused No.1, 2 & 4 along with accused No. 3 in furtherance of common intentionally insulted CW1 by abusing her in foul language and accused No.2 & 3 tore the clothes worn by CW1 & 3 outraged their modesty and voluntarily caused hurt to CW1 to 5 by assaulting them with hands and iron rod and trespassed into house of CW1 and gave life threat.
13. As the eye witnesses and the victim turned hostile, there is no iota of evidence to attract the offence alleged by the prosecution. As such examination of the prosecution witnesses only for the purpose of completing the procedural aspect will not serve any judicious purpose and is sheer waste of the precious time of the Court. At this stage, it is relevant to rely upon the decision of 7 C.C.No. 50471/2022 Satish Mehra v. Delhi Administration and Another, (1996) 9 SCC 766, wherein, the Hon'ble Apex Court has held as follows:
"When the judge is fairly certain that there is no prospect of the case ending in conviction the valuable time of the court should not be wasted for holding a trial only for the purpose of formally completing the procedure to pronounce the conclusion on the future date."
14. The principle of law laid down by the Hon'ble Supreme Court in the above case is applicable to this case as well. Considering the facts and circumstances of the present case, it is clear that the prosecution has failed to prove the guilt of the accused No. 1 to 4 beyond all reasonable doubts. Under these facts and circumstances of the case, the Point No.1 is answered in the Negative.
15. POINT No.2:- In view of my discussions on the aforesaid points, I proceed to pass the following:
:O R D E R:
Acting under Section 255(1) of Cr.P.C., the Accused No. 1, 2 & 4 are acquitted for the offence punishable under Sections 323, 324, 354, 448, 504, 506 R/w. 34 of IPC.
Bail bond and surety bond of accused No. 1, 2 & 4 stands canceled.8 C.C.No. 50471/2022
Item No. 1 to 3 mentioned at PF NO.170B/2021 dt. 6.10.2021 to be destroyed after the appeal period.
(Dictated to the Stenographer, directly on computer, corrected by me and then pronounced in the open Court today, 27.02.2025) ANJALI V S Digitally signed by ANJALI V S SHARMA SHARMA Date: 2025.03.15 16:20:54 +0530 (ANJALI SHARMA.V.S) X A.C.J.M., BENGALURU.
ANNEXURE List of witnesses examined for prosecution:
P.W-1 : Salma P.W-2 : Abdul Rehaman P.W-3 : Kutheja Bi P.W-4 : Afroz Pasha P.W-5 : Rihaan Pasha
List of documents marked for prosecution:
Ex.P1 : Complaint
Ex.P1(a) : Signature of PW1
Ex.P2 : Mahazar
Ex.P2(a) : Signature of PW1
Ex.P3 : 164 Statement of PW1
Ex.P3(a) : Signature of PW1
Ex.P4 : Statement of PW2
Ex.P5 : 164 Statement of PW3
Ex.P5(a) : Signature of PW3
Ex.P6 : Statement of PW3
Ex.P7 : Statement of PW4
Ex.P8 : Statement of PW5
9 C.C.No. 50471/2022
List of witnesses examined for accused:
::NIL::
List of documents marked for accused:
::NIL::
List of material objects marked:
Digitally signed by
ANJALI V S ANJALI V S SHARMA
::NIL:: SHARMA Date: 2025.03.15
16:20:46 +0530
(ANJALI SHARMA.V.S)
X A.C.J.M., BENGALURU.