Bangalore District Court
State By Hal Police vs Pavan Kumar S/O. Varadaiah on 3 September, 2021
IN THE COURT OF THE XXIX ADDL.C.M.M
MAYOHALL UNIT, BENGALURU
Dated: The 03rd Day of September 2021
PRESENT: Sri. G.R.KULKARNI,
B.A.(LAW)., LL.B.,
XXIX Addl. Chief Metropolitan Magistrate, Bengaluru.
C.C.No.52349/2016
COMPLAINANT :- State by HAL Police
(By Sr.APP)
ACCUSED Pavan Kumar S/o. Varadaiah
Aged 35 Years
R/at. C/o. Mohan's building,
6th Cross, Veerabhadra Nagar,
Basavanagar, Bengaluru.
(By Sri.Aravind Redday., Advocate)
DATE OF COMMENCEMENT ----
OF EVIDENCE
DATE OF JUDGMENT 03.09.2021
JUDGMENT
This is a final report filed by the PSI of HAL Police Station against the accused for the offences punishable U/s. 419, 471, 473 and 420 of Indian Penal Code.
2. BRIEF FACTS:-
The case of prosecution is that on 03.09.2014 at 7.00 P.M at Key Lab Training Institue, on Value Bazar, Rajagopal Reddy building, Basavanagara main road within the jurisdictional limits of HAL 2 C.C.No.52349/2016 Police Station the accused by using fake rubber stamp without requisite permission from the Government has given false experience certificate to have worked in different companies fraudulently and dishonestly enriched himself by taking money and cheated the students who had come for training at his training institute.
3. Based on the first information of CW.1 the police have registered the case, investigation was conducted and after completion of the investigation final report is filed against the accused.
4. The accused have entered appearance in response to the summons and have been enlarged on bail. The prosecution papers have 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. In-spite of giving sufficient opportunities the prosecution has not secured any of its witnesses. Hence prayer of the Ld.Sr.APP to re-summon CW.1 to CW.11 was rejected and these witnesses were dropped. There is no incriminating evidence against the accused and therefore the statement of accused under Section 313 of Cr.P.C., is dispensed with.
6. Heard arguments on both sides.
7. The following points arise for my consideration:-
1. Whether the prosecution proves beyond reasonable doubt that on 03.09.2014 at 7.00 P.M at Key Lab Training Institue, on Value Bazar, 3 C.C.No.52349/2016 Rajagopalreddy building, Basavanagara main road within the jurisdictional limits of HAL Police Station the accused has committed the offence of cheating by personation thereby committed an offence punishable U/s. 419 of IPC?
2. Whether the prosecution proves beyond reasonable doubt that on above mentioned date, time and place the accused fraudulently or dishonestly used as genuine document which he knows or as reason to believe to be a forged document thereby committed an offence punishable U/s. 471 of IPC?
3. Whether the prosecution proves beyond reasonable doubt that on above mentioned date, time and place the accused knowingfully has in his possession a forged document and fake rubber stamp has used it fraudulently or dishonestly as a genuine document thereby committed an offence punishable U/s. 473 of IPC?
4. Whether the prosecution proves beyond reasonable doubt that on above mentioned date, time and place the accused has committed the offence of cheating by thereby committed an offence punishable U/s. 420 of IPC?
5. What order?
8. My answer to the aforesaid points is as under:-
Point No.1 to 4 - In the Negative
Point No.2 - As per final order
for the following:-
REASONS
9. Point No.1:- AS the facts pertaining to these points are related to each other, all these points are taken together for common discussion for brevity.
4C.C.No.52349/2016
10. In the instant case the prosecution inspite of giving sufficient opportunities has not secured CW.1 to CW.11. Hence prayer of the Ld.Sr.APP to re-summon these witnesses is rejected and CW.1 to CW.11 have been dropped after exhausting all effective measures.
10. I am of the view that not securing any of its witnesses by the prosecution inspite of taking effective measures would prove fatal to the case of the prosecution in establishing guilt of the accused. 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 to 4 in the NEGATIVE.
11. Point No.5: For the aforesaid reasons, I proceed to pass the following:
ORDER Acting U/s.248(1) Cr.P.C. accused No. 1 to 4 are hereby ACQUITTED for the offence punishable U/s. 419, 471, 473 and 420 of Indian Penal Code.5
C.C.No.52349/2016 The bail bond of the accused stands cancelled. The cash security offered by accused for his release on bail shall be refunded on proper identification.
(Dictated to the stenographer directly on the computer, same is corrected and then pronounced in open Court on this the 03rd day of September 2021) (G.R.Kulkarni) XXIX ACMM, BENGALURU [[ ANNEXURES LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION NIL LIST OF EXHIBITS MARKED ON BEHALF OF PROSECUTION NIL LIST OF MATERIAL OBJECTS GOT MARKED :-
NIL (G.R.Kulkarni) XXIX ACMM, BENGALURU 6 C.C.No.52349/2016 (Judgment passed separately in the Open Court) ORDER Acting U/s.248(1) Cr.P.C. accused is hereby ACQUITTED for the offence punishable U/s. 419, 471, 473 and 420 of Indian Penal Code.
The bail bond of the accused stands cancelled. The cash security offered by accused for his release on bail shall be refunded on proper identification.
XXIX ACMM 7 C.C.No.52349/2016