Bangalore District Court
K.G. Halli P.S vs Afroz Pasha And Others on 27 February, 2025
KABC0C0018682022
IN THE COURT OF THE X ADDL.C.J.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 27th day of February 2025
PRESENT: Smt. ANJALI SHARMA.V.S
B.B.A.(Hons.), LL.B.(Hons.),
X Addl. Chief Judicial Magistrate,
Bengaluru City.
C.C.No.50472/2022
Complainant State by, Police Sub Inspector
K.G.Halli Police Station
/vs/
Accused No. 1. Afroz pasha S/o. Abdul Rehaman
Aged about 37 years,
R/at. No. 100, 2nd Stage, Gandhi Nagar,
Shampura Main Road, K.G.Halli, Bengaluru.
2. Akheel Ahmed Shariff S/o. Riyaz Ahmed
Aged about 40 years,
R/at. No. 439, Sadiq Layout Ashwath Nagar,
Thanisandra, No. 439, Sadiq Layout,
Ashwath Nagar, Bengaluru.
3. Abdul Rehman S/o. Khuteja.B
Aged about 66 years,
R/at. No. 100, 2nd Stage, Gandhi Nagar,
Shampura Main Road, K.G.Halli, Bengaluru.
4. Khuteja.B
2 C.C.No. 50472/2022
Aged about 60 years,
R/at. No. 100, 2nd Stage, Gandhi Nagar,
Shampura Main Road, K.G.Halli, Bengaluru.
5. Salma Thabassum W/o. Ajjad Hussain
R/at. No. 100, 2nd Stage, Gandhi Nagar,
Shampura Main Road, K.G.Halli, Bengaluru.
:: JUDGMENT ::
The K.G.Halli Police Station, Bengaluru filed this charge sheet against the accused No. 1 to 5 for the offence punishable under Sections 323, 324, 354, 448, 504, 506 R/w. 34 of IPC.
2. The brief facts of the prosecution case that:
That on 03/10/2021 as the children of CW1's house and the children of accused persons fought, in this regard on the same day at about 3.00 pm, accused No. 1 to 5 intentionally insulted CW1 by abusing her in foul language, accused No.1 held CW1 and pulled her and pushed her to the ground and tore the clothes worn by CW1 and outraged her modesty. Accused No.1 voluntarily caused hurt to CW1 by assaulting her with iron rod on her left ear and when CW2 came to rescue CW1, accused No.3 with an empty paint bucket voluntarily caused hurt to CW2 by assaulting her with said bucket and caused bleeding injury. Accused No.2 voluntarily caused hurt to CW3 and 4 by assaulting them with hands and when CW1 went inside the house to escape, accused No. 4 and 5 3 C.C.No. 50472/2022 trespassed into her house and voluntarily caused hurt by assaulting her with hands. Accused No.1 to 5 also committed criminal intimidation by threatening CW1 with threat to cause death and thereby accused No.1 to 5 committed the offence punishable under Sec.323, 324, 354, 448, 504, 506 R/w. 34 of IPC.
3. The Investigating officer after completion of the investigation, filed the charge-sheet against the accused No. 1 to 5. This Court took cognizance for the said offence and registered the case and issued summons to the accused No. 1 to 5. Accused No. 1 to 5 appeared and got enlarged on bail.
4. After compliance of Section 207 of Cr.P.C., this Court framed charge against the accused No. 1 to 5 for the offence punishable under section 323, 324, 354, 448, 504, 506 R/w. 34 of IPC and read over the same to them in the language known to them. The accused No. 1 to 5 pleaded not guilty and claimed to be tried. Therefore, the case was posted for trial.
5. In order to bring home the guilt of the accused No. 1 to 5 the prosecution got examined three witnesses as PW1 to 3 and got marked three documents as per Ex.P1 to Ex.P3.
4 C.C.No. 50472/20226. As the witness/victim turned hostile, the remaining witnesses were dropped and the statement of the accused No. 1 to 5 under Section 313 of Cr.P.C. was dispensed with.
7. Heard the learned A.P.P. and learned counsel for the accused No. 1 to 5.
8. The points that arise for my consideration are as under :-
1. Whether the prosecution proves beyond all reasonable doubt that, on 03/10/2021 as the children of CW1's house and the children of accused persons fought, in this regard on the same day at about 3.00 pm, accused No. 1 to 5 intentionally insulted CW1 by abusing her in foul language, accused No.1 held CW1 and pulled her and pushed her to the ground and tore the clothes worn by CW1 outraged her modesty, accused No. 1 voluntarily caused hurt to CW1 by assaulting her with iron rod on her left ear and when CW2 came to rescue CW1, accused No. 3 with an empty paint bucket voluntarily caused hurt to CW2 by assaulting her with said bucket and caused bleeding injury, accused No. 2 voluntarily caused hurt to CW3 and 4 by assaulting her with hands and when CW1 went inside the house to escape, accused No. 4 and 5 trespassed into her house and voluntarily caused hurt by assaulting her with hands, accused No. 1 to 5 committed criminal intimidation by threatening CW1 with threat to cause death and thereby accused No. 1 to 5 committed the offence punishable under Sec.323, 324, 354, 448, 5 C.C.No. 50472/2022 504, 506 R/w. 34 of IPC and within the cognizance of this Court?
2. What order?
9. My findings on the above said points are as under:
Point No.1 : In the Negative.
Point No.2 : As per the final order for
the following:
REASONS
10. POINT No.1:- It is the case of the prosecution that, accused No. 1 to 5 in furtherance of common intention, intentionally insulted CW1 by abusing her in foul language, accused No.1 tore the clothes worn by CW1 outraged her modesty and voluntarily caused hurt to CW1 by assaulting her with iron rod on her left ear and accused No. 3 voluntarily caused hurt to CW2 by assaulting her with empty paint bucket and caused bleeding injury, accused No. 2 voluntarily caused hurt to CW3 and 4 by assaulting her with hands and accused No. 4 and 5 trespassed into her house and voluntarily caused hurt by assaulting her with hands, accused No. 1 to 5 committed criminal intimidation by threatening CW1 with threat to cause death.
11. CW1 was reported to be dead. CW2 to 4 are examined as PW1 to 3. They commonly deposed that, they are acquainted with 6 C.C.No. 50472/2022 accused persons. They further submitted that, no quarrel took place between them and the accused persons. They denied that, accused persons trespassed into their house and voluntarily caused hurt by assaulting them with hands and bucket. They deposed that, accused persons did not insult them in foul language and did not gave life threat to them. They further deposed that, accused persons did not mis-behaved with CW1. PW1 to 3 deposed that they did not give any statement as per Ex.P1 to 3 against the accused persons in the police station. They deposed that they does not know the contents of those documents. Though, these witnesses were treated as hostile by the prosecution nothing was elicited in their cross-examination.
12. On perusal, the prosecution had to prove that, accused No. 1 to 5 in furtherance of common intention, intentionally insulted CW1 by abusing her in foul language, accused No.1 tore the clothes worn by CW1 outraged her modesty and voluntarily caused hurt to CW1 to 4 by assaulting them with hands and empty bucket and iron rod and trespassed into house of CW1 and gave life threat.
13. As the eye witnesses and the victim turned hostile, there is no iota of evidence to attract the offence alleged by the prosecution. As such examination of the prosecution witnesses only for the purpose of completing the procedural aspect will not 7 C.C.No. 50472/2022 serve any judicious purpose and is sheer waste of the precious time of the Court. At this stage, it is relevant to rely upon the decision of Satish Mehra v. Delhi Administration and Another, (1996) 9 SCC 766, wherein, the Hon'ble Apex Court has held as follows:
"When the judge is fairly certain that there is no prospect of the case ending in conviction the valuable time of the court should not be wasted for holding a trial only for the purpose of formally completing the procedure to pronounce the conclusion on the future date."
14. The principle of law laid down by the Hon'ble Supreme Court in the above case is applicable to this case as well. Considering the facts and circumstances of the present case, it is clear that the prosecution has failed to prove the guilt of the accused No. 1 to 5 beyond all reasonable doubts. Under these facts and circumstances of the case, the Point No.1 is answered in the Negative.
15. POINT No.2:- In view of my discussions on the aforesaid points, I proceed to pass the following:
:O R D E R:
Acting under Section 255(1) of Cr.P.C., the Accused No. 1 to 5 are acquitted for the offence punishable under Sections 323, 324, 354, 448, 504, 506 R/w. 34 of IPC.
Bail bond and surety bond of accused No. 1 to 5 stands canceled.8 C.C.No. 50472/2022
Item No. 1 to 3 mentioned at PF NO.170A/2021 dt. 5.10.2021 to be destroyed after the appeal period.
(Dictated to the Stenographer, directly on computer, corrected by me and then pronounced in the open Court today, 27.02.2025) ANJALI V S Digitally signed by ANJALI V S SHARMA SHARMA Date: 2025.03.15 16:40:35 +0530 (ANJALI SHARMA.V.S) X A.C.J.M., BENGALURU.
ANNEXURE List of witnesses examined for prosecution:
P.W-1 : Mohammed Raquib P.W-2 : Mohammed Haseeb P.W-3 : Mohammed Yakub
List of documents marked for prosecution:
Ex.P1 : Statement of PW1 Ex.P2 : Statement of PW2 Ex.P3 : Statement of PW3
List of witnesses examined for accused:
::NIL::
List of documents marked for accused:
::NIL::
List of material objects marked:
::NIL:: ANJALI V S Digitally signed by ANJALI V S
SHARMA
SHARMA Date: 2025.03.15 16:40:28
+0530
(ANJALI SHARMA.V.S)
X A.C.J.M., BENGALURU.