Bangalore District Court
Bengaluru City vs Persons Are on 27 July, 2022
C.C.No.13529/2020
KABC030513392020
Presented on : 21-10-2020
Registered on : 21-10-2020
Decided on : 27-07-2022
Duration : 1 years, 9 months, 6 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY.
Dated this 27th day of July 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.13529/2020 Date of commission of the From 20.02.2017 to
2. offence (As per F.I.R.) 18.09.2018 Konanakunte Police Station,
3. Name of the complainant Bengaluru City.
4. Name of the accused 1. Vishwantha, S/o. Balaram, Aged about 36 years,
2. Pushpa W/o Balaram, Aged about 50 years, Both are R/at No.264, Harinagara 2 C.C.No.13529/2020 Anjanapura Post, Bengaluru City.
Sections 323, 354, 420, 504 The offences complained
5. and 506 R/w Section 34 of of the Indian Penal Code.
6. Plea of the accused Pleaded not guilty Accused persons are
7. Final order acquitted
8. Date of order 27.07.2022 Smt.Lakshmipriya filed Complaint under Section 200 of the Code of Civil Procedure before this Court against the accused persons alleging that they have committed the offences punishable under Sections 323, 354, 380, 419, 420, 454, 457, 504 and 506 of the Indian Penal Code in PCR No.11547/2018. The said complaint was referred to the Police Inspector of Konanakunte Police Station for investigation under Section 156(3) of the Code of Criminal Procedure.
2. Based on the complaint of CW1, the crime was registered in Crime No.347/2018 at Konanakunte Police Station against the accused persons for the offences punishable under Sections 323, 354, 380, 419, 420, 454, 3 C.C.No.13529/2020 457, 504 and 506 of the Indian Penal Code. On completion of the investigation, the Police Sub-Inspector of Konanakunte Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the the offences punishable under Sections 323, 354, 420, 504 and 506 R/w Section 34 of the Indian Penal Code.
3. The brief facts of the allegations made in the Police Report are that accused No.1 is the owner of the building bearing No.264 of Harinagara, Kothanur Main Road, Bengaluru City within the territorial jurisdiction of Konanakunte Police Station, Bengaluru City. Accused No.1 gave one of the shop in it on rent to CW1 Smt.Lakshmipriya and on 20.02.2017, he has received advance amount of Rs.1.00 lakh as security amount. Thereafter, since the accused persons demanded more rent from CW1, she vacated the shop and handed over its possession to accused No.1. At that time, accused No.1 executed an agreement agreeing to deduct Rs.3000/- as a month rent and to repay Rs.97,000/- to CW1. But, thereafter, accused No.1 has not repaid the said 4 C.C.No.13529/2020 amount as agreed by him. Therefore, on 24.05.2018 at 8.00 p.m., CW1 came to the house of the accused persons to ask the balance amount. At that time, the accused persons in furtherance of their common intention have abused CW1 in filthy languages; beaten her with hands; holding her pony, dragged in the public place and tried torn her cloths with an intention to outrage her modesty; gave life threat to her stating that if she asked for money again, they will kill her and they have cheated her. Thereby, the accused persons have committed the offences punishable under Sections 323, 354, 420, 504 and 506 R/w Section 34 of the Indian Penal Code.
4. Since, there were sufficient materials to take congnizace for the offences punishable under Sections 323, 354, 420, 504 and 506 R/w Section 34 of the Indian Penal Code, the cognizance was taken for the said offences and the Criminal Case was registered against the accused persons. The process was issued to the accused persons. They have appeared before this Court and enlarged on bail. The copies of the 5 C.C.No.13529/2020 Police Report and other prosecution papers are furnished to the accused persons under section 207 of Cr.P.C. After hearing, since there were grounds for presuming that the accused persons have committed offences triable by this court, charges for the offences punishable under Sections 323, 354, 420, 504 and 506 R/w Section 34 of the Indian Penal Code have been framed and read over to them in Kannada language. They have pleaded not guilty and claims to be tried.
5. To prove the charges framed against the accused persons, 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, the examination of the accused persons 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 persons. Perused the materials available on record.
6. The points for determination are; 6 C.C.No.13529/2020
1. Whether prosecution has proved the offences charged against the accused persons for the offences punishable under Sections 323, 354, 420, 504 and 506 R/w Section 34 of the Indian Penal Code beyond reasonable doubt?
2. What order or sentence?
7. 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
8. POINT No.1 :- In order to prove the charges framed against the accused persons, out of 8 witnesses cited in the charge-sheet by the Investigation Officer, the prosecution has produced the oral evidences of only one witness before this court as PW1. PW1 Smt.Lakshmi Priya is the First Informant, injured and the mahazar witness of this case. The prosecution has also produced the documentary evidences Ex.P1 to Ex.P3. Among them, Ex.P1 is the Complaint, Ex.P2 is the Spot Mahazar and Ex.P3 is the Witness Statement of PW1.
7 C.C.No.13529/2020
9. Ex.P1 is the complaint given by PW1 before this Court. In Ex.P1, there are statements of PW1 with regard to the alleged crime committed by the accused persons. PW1 during her examination-in-chief has deposed the evidences that she was on rent in the shop of accused No.; between her and accused No.1, she gave complaint to the police; as they have not taken any action, she filed complaint before this Court as per Ex.P1. She has also deposed in her examination-in-chief that the police have not conducted any mahazar at the place of incident in her presence as per Ex.P2. She has also deposed that the accused persons have not abused her in filthy languages, not beaten her and not gave any life threat to her. She has also deposed in her examination-in-chief that the accused persons gave her money. 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 and the mahazar conducted at the place of incident. PW2 has admitted in her cross- examination that she has compromised the matter with the 8 C.C.No.13529/2020 accused persons and she has received the money from accused No.1. The further witness statement of PW1 recorded by PW1 is marked as Ex.P3.
10. On perusal of the above evidences of PW1, it appears that the complainant, injured and mahazar witness PW1 has deposed not supporting the case of the prosecution and she has deposed in her cross-examination that she has compromised the matter with the accused persons. 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 persons for the offences punishable under Sections 323, 354, 420, 504 and 506 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
11. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of the accused persons 9 C.C.No.13529/2020 for the offences punishable under Sections 323, 354, 420, 504 and 506 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Therefore, the accused persons are not found guilty for the aforesaid offences charged against them . In the result, I proceed to pass the following;
ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 323, 354, 420, 504 and 506 R/w Section 34 of the Indian Penal Code.
Their bail bonds and cash surety furnished under Section 437 of Cr.P.C. will be in force till completion of the appeal period and thereafter, it shall be canceled. (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 27.07.2022) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
10 C.C.No.13529/2020ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Lakshmi Priya.
Documents marked on behalf of Prosecution :-
Ex.P1 : Complaint, 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.11 C.C.No.13529/2020
27.07.2022 Judgment pronounced in open Court vide separate order.
ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 323, 354, 420, 504 and 506 R/w Section 34 of the Indian Penal Code.
12 C.C.No.13529/2020Their bail bonds and cash surety furnished under Section 437 of Cr.P.C. will be in force till completion of the appeal period and thereafter, it shall be canceled.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.