Bangalore District Court
State By Shivajinagar Police vs Jakir Hussain on 4 February, 2020
IN THE COURT OF THE XXIX ADDL.C.M.M MAYO HALL UNIT,
BENGALURU
Dated: This the 4th Day of February 2020
PRESENT: Sri. G.R.KULKARNI,
B.A.(LAW)., LL.B.,
XXIX Addl. Chief Metropolitan Magistrate, Bengaluru.
C.C.NO. 50761/2015
COMPLAINANT :- State by Shivajinagar Police
(By Sr.APP)
ACCUSED Jakir Hussain
S/o. Shabi Hussain
Aged 24 Years
R/at. No.2, E No.2nd Street,
HKP Road, Shivajinagar, Bengaluru.
(By Sri.M.Lakshmana., Advocate)
DATE OF COMMENCEMENT OF 21.12.2016
EVIDENCE
DATE OF CLOSING OF EVIDENCE 13.11.2019
DATE OF JUDGMENT 04.02.2020
JUDGMENT
This is a final report filed by the PSI of Shivajinagar P.S. against the accused for the offence punishable under Section 435 of Indian Penal Code.
2. BRIEF FACTS:-
The case of prosecution is that on 07.01.2015 at about 5.30 A.M the accused caused mischief by lighting the Bajaj Discover Bike No.KA-03-HU-3282 belonging to CW-1 causing damage to his house situated at House No.7/2, E No.4th Street, HKP Road within the jurisdictional limits of Shivajinagar police station.2
3. Based on the first information, the police have registered the case, investigation was conducted and after completion of the investigation final report filed against the accused.
4. The accused has entered appearance in response to the summons and has been enlarged on bail. The prosecution papers has been supplied to the accused. After hearing, the charge against the accused was framed to which he pleaded not guilty and claimed to be tried.
5. The prosecution has examined PW.1 to PW.6 and got marked Ex.P1 to Ex.P11 and identified M.O.No.1 to 3. The statement of the accused under Section 313 of Cr.P.C., was recorded wherein he denied the incriminating circumstances as false. The accused submits no defence.
6. Heard both sides.
7. The following points arise for my consideration.
1. Whether the prosecution proves beyond reasonable doubt that on 07.01.2015 at about 5.30 A.M the accused caused mischief by lighting the Bajaj Discover Bike No.KA-03-HU-3282 belonging to CW-1 causing damage to his house situated at House No.7/2, E No.4th Street, HKP Road within the jurisdictional limits of Shivajinagar police station and thereby committed an offence punishable u/s. 453 of IPC?
2. What order?
8. My findings to the above points is as follows :-
Point No.1 - In the Negative
Point No.2 - As per final order for the
following
3
REASONS
9. Point No.1 :-
In the instant case PW-1 is the complainant who has testified that on 06.01.2015 at 5.30 A.M when he was at his house some persons were shouting that the bike belonging to PW-3 had caught fire and Asif told him that the accused was responsible for the fire. He has lodged the information to the police at Ex.P1. He has identified four photographs depicting the bike at Ex.P2 to Ex.P5.
10. PW-2 is alleged eye witness who has turned hostile. During his cross-examination the Ld.Sr.APP nothing has been elicited in support of the prosecution case. PW-3 is alleged eye witness who has testified that on 06.01.2015 he had parked the two wheeler in the front of his house. On the next day at about 5.30 A.M some persons were shouting that his motor bike had caught fire. The accused was present at the spot and when enquired he admitted to have lit the fire to his bike. He has identified the four photographs depicting his motor bike at Ex.P2 to Ex.P5. He has given statement to the police in this regard.
11. PW-4 is investigation officer who has testified that on 07.01.2015 he has received the complaint lodged by CW-1 and registered the same at Ex.P1. He has drawn FIR at Ex.P7. He has conducted the seizure mahzar in the presence of CW-2 and CW-3 at the spot as shown by the CW-1 at Ex.P8. After he has visited the spot and conducted the spot mahzar in the presence of CW-2 and CW-3 and seized the motor cycle and window broken glass piece at Ex.P9. He has identified the four photographs depicting motor cycle at Ex.P2 to Ex.P5 and CD at Ex.P10. He has identified the M.O.1 to 3. He has recorded the statement of CW-4 to CW-6. He has recorded 4 the statement of CW-5 at Ex.P5. After completion of the investigation submitted final report against the accused.
12. PW-5 is alleged eye witness who has turned hostile and PW-6 is alleged seizure mahazar and spot mahazar witness who has turned hostile. During their cross-examination the Ld.Sr.APP nothing has been elicited in support of the prosecution case. CW-2 who is attesting witness to seizure mahazar is not secured and therefore dropped.
13. In the instant case PW-1 and PW-3 are hearsay witnesses. PW-2 and PW-5 who are the alleged eye witnesses have turned hostile. PW-6 is alleged seizure mahazar and spot mahazar witness has turned hostile. CW-2 who is attesting witness to seizure mahazar is not secured and therefore dropped. The evidence of PW-4 is corroborative in nature. Considering the entire evidence on record there is absolutely no material evidence in order to inculpate the accused to the alleged offence. There is no material evidence to prove that the accused has committed the alleged offence. Therefore the case of the prosecution fails on account of insufficiency of cogent evidence. Therefore I hold that the prosecution is unable to establish the guilt of the accused beyond reasonable doubt and the charges leveled against the accused is not proved. Hence the accused deserves to be acquitted. Therefore I answer point No.1 in the NEGATIVE.
14. Point No.1 : For the aforesaid reasons, I proceed to pass the following:
5ORDER Acting U/s.248(1) Cr.P.C. accused is hereby ACQUITTED for the offence punishable U/s. 453 of Indian Penal Code.
The bail bond of the accused and that of his surety stands cancelled.
M.O.1 to 3 shall be destroyed after expiry of appeal period as worthless.
(Dictated by me on computer, typed by the steno, same was corrected by me and then pronounced in open Court on this the 4th day of February 2020.) (G.R.Kulkarni) XXIX ACMM, BENGALURU ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION PW-1 Mohammad Inayad Ulla PW-2 Shan Pasha PW-3 Akeep Ur Inayath PW-4 Nayaz Ahmmad PW-5 Mohaboob Sharif PW-6 Anwarulla LIST OF EXHIBITS MARKED ON BEHALF OF PROSECUTION Ex.P.1 Complaint Ex.P.1(a) Signature of PW-1 Ex.P.1(b) Signature of PW-4 Ex.P.2 to 5 Four photographs Ex.P.6 Statement of PW-2 Ex.P.7 FIR Ex.P.7(a) Signature of PW-4 Ex.P.8 Seizure mahazar Ex.P.8(a) Signature of PW-4 Ex.P.8(b) Signature of PW-6 Ex.P.9 Spot mahazar Ex.P.9(a) Signature of PW-4 Ex.P.9(b) Signature of PW-6 Ex.P.10 CD Ex.P.11 Statement of PW-5 6 LIST OF MATERIAL OBJECTS GOT MARKED :-
M.O.1 Shift
M.O.2 Matchbox
M.O.3 Window glass piece
(G.R.Kulkarni)
XXIX ACMM, BENGALURU
7
04.02.2020.
State by APP
Accused
For Judgment
(Vide separate order pronounced in the Open Court) ORDER Acting U/s.248(1) Cr.P.C. accused is hereby ACQUITTED for the offence punishable U/s. 453 of Indian Penal Code.
The bail bond of the accused and that of his surety stands cancelled.
M.O.1 to 3 shall be destroyed after expiry of appeal period as worthless.
XXIX ACMM