Bangalore District Court
Is vs Nos.1 To 3 C/B on 2 April, 2018
IN THE COURT OF THE I ADDL.CMM: BENGALURU
Dated this the 2nd day of April 2018.
Present: Shri V.Jagadeesh, B.Sc., LL.M.
I Addl. C.M.M BENGALURU.
JUDGMENT U/s.355 Cr.P.C.,
Case No. : C.C.No.861/2014
Date of Offence : 1-6-2011 to 16-5-2012
Name of complainant : State by Central Crime Branch
(Special Enquiry), N.T. Pet,
Bengaluru.
Name of accused : 1.Shabbir Khan
Karnataka Educational Trust
No.14, 38th main, 3rd cross,
J.P. Nagar, Bengaluru 78,
2. Dr.Ibrahim s/o R.Abdul Aleem,
aged 42 years, No.199/34,
10th cross, 10th main, near
Hombegowda school,
Wilson Garden, Bengaluru,
3. Amanulla Khan
Global Educational and Research
Foundation, No.14, 3A, 3rd floor,
Rest House, Crescent road,
Bengaluru 1.
Offence complained off: U/s. 420 r/w Sec.34 of IPC.
Plea of accused : Pleaded not guilty
Final Order : As per final order
2 C.C.No.861/2014
Date of Order : 2-4-2018.
JUDGMENT
The Inspector of Police, C.C.B.(S.E.), N.T. Pet, Bengaluru has filed the charge sheet against the accused Nos.1 to 3 for the offence punishable under Section 420 r/w Section 34 of IPC.
2. It is the case of the prosecution that, the accused Nos.1 to 3 with common intention to earn money illegally, accused No.2 established a firm by name Windsor Institute of Management Studies at M.G. road and accused Nos.1 and 3 have establishes a Global Education and Research Foundation and instigated C.Ws.1 and 2 to get MBBS seat in Ambedkar Medical College under management quota and collected Rs.20,00,000/- and Rs.3,25,000/- each and failed to get medical seat and failed to repay the said amount by playing fraud on C.Ws.1 and 2. Under such circumstances, the complainant has filed a complaint against the accused Nos.1 to 3 before Cubbon Park police. Thereafter, the case was transferred to C.C.B(S.E.). Accordingly, the C.C.B.(S.E.) 3 C.C.No.861/2014 police have registered the case against the accused Nos.1 to 3 for the for the offence punishable under Section 420 r/w Section 34 of IPC in Crime No.125/2012. After completion of investigation, the Investigating Officer has filed the charge sheet against the accused Nos.1 to 3 for the aforesaid offence.
3. After appearance of the accused Nos.1 to 3, necessary documents as relied by the prosecution, are furnished to the accused Nos.1 to 3 as provided under Section 207 of Cr.P.C. Charge has been framed and same is read over and explained to the accused Nos.1 to 3. The accused Nos.1 to 3 pleaded not guilty and claims to be tried. Therefore, the case was posted for prosecution evidence.
4. C.Ws.1 to 4 have been cited as charge sheet witnesses. In order to prove the guilt of the accused Nos.1 to 3, during the course of trial, C.Ws.3 and 4 are examined as P.Ws.1 and 2 respectively and got marked Exs.P1 to P3. So far as other charge sheet witnesses are concerned, their presence is not secured, inspite of sufficient 4 C.C.No.861/2014 time and repeated issuance of summons and warrants. Therefore, they are dropped.
5. After completion of prosecution evidence, the statement of the accused Nos.1 to 3 was recorded under Section 313 of Cr.P.C. The accused Nos. 1 to 3 have not adduced any defence evidence on their behalf. Therefore, there is no defence evidence on behalf of the accused Nos.1 to 3.
6. Heard the arguments of learned Senior A.P.P. and counsel appearing for accused. The points that would arise for my consideration are as under:
1. Whether the prosecution proves beyond all reasonable doubt that, the accused Nos.1 to 3 have committed the offence punishable under Section 420 r/w Section 34 of IPC
2. What order ?
7. My answer to the above points are as under:
Point No.1: In the Negative.
Point No.2: As per final order, for the following:5 C.C.No.861/2014
REASONS
8. Point No.1:- The contention of the prosecution is that, the accused Nos.1 to 3 with common intention to earn money illegally, accused No.2 established a firm by name Windsor Institute of Management Studies at M.G. road and accused Nos.1 and 3 have establishes a Global Education and Research Foundation and instigated C.Ws.1 and 2 to get MBBS seat in Ambedkar Medical College under management quota and collected Rs.20,00,000/- and Rs.3,25,000/- each and failed to get medical seat and failed to repay the said amount by playing fraud on C.Ws.1 and thereby the accused Nos.1 to 3 have committed the offence punishable under Section 420 r/w Section 34 of IPC.
9. In order to prove the guilt of the accused Nos.1 to 3 for the offence punishable under Section 420 r/w Section 34 of IPC, C.W.3 is examined as P.W.1 who has deposed that she was working as a PSI in Cubbon Park Police Station from 2008 to 2012. She further deposed that on 16-5-2012 at about 7 p.m. C.W.1 has lodged the complaint against the 6 C.C.No.861/2014 accused and same was registered in Crime No.125/2012 and got marked the complaint as per Ex.P1 and FIR as per Ex.P2. It is further deposed by P.W.1 that as per the direction of her higher officer she has submitted the entire records to CCB for investigation. Therefore, the evidence of P.W.1 is not sufficient to prove the guilt of the accused Nos.1 to 3 for the alleged offence.
10. C.W.4 is examined as P.W.2 who has deposed with regard to his official duty discharged by him in the course of investigation. It is further deposed by P.W.2 that after completion of investigation he has filed the charge sheet. The evidence of P.W.2 is also not sufficient to prove the guilt of the accused, because his evidence pertains to investigation. It is also important point to be noted at this stage itself that the complainant and other material witnesses have not been examined. The non-examination of complainant is, fatal to the case of the prosecution. Except the allegations made against the accused in the course of complaint are not proved by examining the complainant himself. Therefore, viewed from any angle, the evidence 7 C.C.No.861/2014 adduced by prosecution, both oral and documentary is not at all sufficient to prove the guilt of the accused for the offence punishable under Section 420 r/w Section 34 of IPC. Hence, it is held that the accused Nos.1 to 3 are entitled for acquittal for the alleged offence. Accordingly, I answer point No.1 in the negative.
11. Point No.2:- In view of my answer on the point No.1, I proceed to pass the following:
ORDER The accused Nos.1 to 3 are not found guilty for the offence punishable under Section 420 r/w Section 34 of IPC.
Therefore, they are acquitted for the said offence under Section 248(1) Cr.P.C.
The bail bonds executed by the accused Nos.1 to 3 and their surety stands cancelled.
(Dictated to the stenographer directly on computer, typed by her, revised and then corrected by me and then pronounced in open court on this the 2nd day of April 2018).
(V.Jagadeesh) I Addl. CMM., Bengaluru.8 C.C.No.861/2014
ANNEXURE List of witnesses examined on behalf of prosecution:-
P.W.1, Smt.Roopa Hadagali, P.W.2, N.H.Ramachandraiah;
List of documents marked on behalf of prosecution:-
Ex.P1, Complaint, Ex.P1(a), Signature of P.W.1, Ex.P2, FIR, Ex.P2(a), Signature of P.W.1, Ex.P3, Reminder; Material Objects Produced:- NIL
Witnesses examined on behalf of the defence, documents marked:- NIL.
(V.Jagadeesh) I Addl. CMM., Bengaluru.9 C.C.No.861/2014
2/4/2018 State by Sr.APP Accused Nos.1 to 3 C/B For Judgment (Judgment pronounced in the Open Court) ORDER The accused Nos.1 to 3 are not found guilty for the offence punishable under Section 420 r/w Section 34 of IPC. Therefore, they are acquitted for the said offence under Section 248(1) Cr.P.C.
The bail bonds executed by the accused Nos.1 to 3 and their surety stands cancelled.
(V.Jagadeesh) I ACMM, Bengaluru.10 C.C.No.861/2014 11 C.C.No.861/2014