Bangalore District Court
Station vs Is Hereby Acquitted For The on 19 September, 2022
C.C.No.18557/2020
KABC030631262020
Presented on : 10-12-2020
Registered on : 10-12-2020
Decided on : 19-09-2022
Duration : 1 years, 9 months, 9 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY.
Dated this 19th day of September 2022
PRESENT : SRI.VEDAMOORTHY B.S. B.A.(L), LL.B.
II Additional Chief Metropolitan Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.Sl. No. of the case C.C.No.18557/2020 Date of commission of the
2. 15.09.2020 offence (As per F.I.R.) Rajarajeshwari Nagara Police
3. Name of the complainant Station, Bengaluru City.
Dayananda, S/o Late Kankaraju, Aged about 26 years, R/at No.198, 6th Cross,
4. Name of the accused Near Ganapathi Temple, Bhuvaneshwari Nagar, Mariyappanapalya, Gnanabharathi Post, Bengaluru.
2 C.C.No.18557/2020Sections 323, 354, 447 504 The offences complained
5. and 506 of the Indian Penal of Code
6. Plea of the accused Pleaded not guilty
7. Final order Accused is acquitted
8. Date of order 19.09.2022 The Police Sub-Inspector of Rajarajeshwari Nagara Police Station, Bengaluru has filed Police Report against the above named accused alleging that he has committed the offences punishable under Sections 323, 354, 447 504 and 506 of the Indian Penal Code.
2. The Prosecution case in brief is that on 15.09.2020 at 9.30 p.m., the accused trespassed the house of CW1 bearing No.57, situated at 2nd Cross, 1st Main, Bangarappa Nagara, Bengaluru within the territorial jurisdiction of Rajarajeshwari Nagara Police Station, Bengaluru City; called the name of CW1 loudly; when CW1 came out of the house by opening the door, the accused abused her in filthy languages; dragged her by holding hand; torn her T-Shirt and tried to outrage her modesty; voluntarily caused simple hurt to CW1 beating her with his hands on her cheeks and right hand and gave life 3 C.C.No.18557/2020 threat stating that if she go anywhere without telling him and if she has not pick the phone, he will show an end to her. Thereby, the accused has committed the offences punishable under Sections 323, 354, 447 504 and 506 of the Indian Penal Code.
3. Based on the First Information of CW1, the crime was registered in Crime No.230/2020 at Rajarajeshwari Nagara Police Station. During investigation, the accused was arrested and produced before the Court on 17.09.2020. On 22.09.2020, he was enlarged on Police bail. On completion of the investigation, the Police Sub-Inspector of Rajarajeshwari Nagara Police Station, Bengaluru City filed Police Report against the accused alleging that he has committed the offences punishable under Sections 323, 354, 447 504 and 506 of the Indian Penal Code. After taking cognizance of the said offences, the process was issued to the accused. He has appeared before this Court. The copies of the Police Report and other prosecution papers are furnished to the accused under section 207 of Cr.P.C. After hearing, since there were 4 C.C.No.18557/2020 grounds for presuming that the accused has committed offences triable by this court, charges for the offences punishable under Sections 323, 354, 447 504 and 506 of the Indian Penal Code have been framed and read over to him in Kannada language. He has pleaded not guilty and claims to be tried.
4. To prove the charges framed against the accused, the prosecution has produced the oral evidences of PW1 and the documentary evidences in Ex.P1 to Ex.P3. Since, there were no incriminating circumstances appearing in the evidences of the prosecution witness against the accused, the examination of the accused under Section 313 of Cr.P.C. was dispensed with. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for the accused. Perused the materials available on record.
5. The points for determination are;
1. Whether prosecution has proved the offences charged against the accused persons for the offences punishable under Sections 323, 5 C.C.No.18557/2020 354, 447 504 and 506 of the Indian Penal Code beyond reasonable doubt?
2. What order or sentence?
6. My answers to the above points are as follows:
Point No.1 : In the Negative, Point No.2 : As per final order for the following;
REASONS
7. POINT No.1 :- In order to prove the charges leveled against the accused, out of 9 witnesses cited in the Police Report by the investigation officer, the prosecution has produced the oral evidences of only one witness before this court i.e., PW1 Asha R. who is the first informant, injured and mahazar witness. The prosecution has also produced the documentary evidences Ex.P1 to Ex.P3. Among them, Ex.P1 is the First Information, Ex.P2 is the Spot Mahazar and Ex.P3 is the Witness Statement of PW1.
8. As per the case of the prosecution, based on Ex.P1 given by PW1, the crime has been registered in Crime No.230/2020 and on investigation, since, there are evidences collected by 6 C.C.No.18557/2020 the investigation officer to prosecute the accused for the offences punishable under Sections 323, 354, 447 504 and 506 of the Indian Penal Code, the Police Report was filed. In the First Information - Ex.P1, there are statements of PW1 with regard to the alleged incident committed by the accused. PW1 during her examination-in-chief has deposed the evidences contrary to the said facts. She has deposed in her examination-in-chief that no quarrel taken place between her and the accused; as there was some petty disputes between them, she gave complaint to Police; she does not know the contents of Ex.P1; she has not taken any treatment stating that she sustained injuries in the alleged incident; the police have not conducted any mahazar at the place of incident in her presence as per Ex.P2; not seized anything; she does not know the contents of Ex.P2 and she signed it at Police Station. She has been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, she has denied the contents of Ex.P1; she gave it; the mahazar conducted at the place of incident as per Ex.P2 and seizer of her T-Shirt in her presence. She has also 7 C.C.No.18557/2020 denied that she gave Witness Statement as per Ex.P3. Nothing has been elicited in the cross-examination of PW1 supporting the case of the prosecution.
9. On perusal of the above evidences, it appears that the First Informant and the injured has deposed not supporting the case of the prosecution. She has deposed that she has compromised the matter the accused. Therefore, if the evidences of the other prosecution witnesses are recorded, no purpose will be served. For this reason, the evidences of the other prosecution witnesses are dropped. Under these circumstances, I am holding that the prosecution has not proved the guilt of the accused for the offences punishable under Sections 323, 354, 447 504 and 506 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
10. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of the accused for the offences punishable under Sections 323, 354, 447 504 and 506 of the Indian Penal Code beyond all reasonable doubt. 8 C.C.No.18557/2020 Therefore, the accused is not found guilty for the aforesaid offences charged against him. In the result, I proceed to pass the following;
ORDERS Under Section 248(1) of Cr.P.C, the accused is hereby acquitted for the offences punishable under Sections 323, 354, 447 504 and 506 of the Indian Penal Code.
His bail bonds and cash surety furnished under Section 437 of Cr.P.C. will be in force till appeal period is over and thereafter, it shall be canceled.
T-Shirt seized in PF No.133/2020 is ordered to destroy after appeal period. (Typed by the Stenographer in the Court Computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on 19.09.2022) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
9 C.C.No.18557/2020ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Sowmya B.R. Documents marked on behalf of Prosecution :-
Ex.P1 : First Information, Ex.P1(a) : Signature, Ex.P2 : Spot Mahazar, Ex.P2(a) : Signature, Ex.P3 : Witness Statement.
Material objects marked on behalf of Prosecution :-
NIL Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.10 C.C.No.18557/2020
19.09.2022 Judgment pronounced in open Court vide separate order.
ORDERS Under Section 248(1) of Cr.P.C, the accused is hereby acquitted for the offences punishable under Sections 323, 354, 447 504 and 506 of the Indian Penal Code.
His bail bonds and cash surety furnished under Section 437 of Cr.P.C. will be in force till appeal period is over and thereafter, it shall be canceled.
11 C.C.No.18557/2020T-Shirt seized in PF No.133/2020 is ordered to destroy after appeal period.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.