Bangalore District Court
Unknown vs Karunappa on 2 December, 2019
IN THE COURT OF THE LIII ADDL.CITY CIVIL &
SESSIONS SPECIAL JUDGE,
BENGALURU
DATED THIS THE 2nd DAY OF DECEMBER, 2019
-: PRESENT :-
S.H.PUSHPANJALI DEVI, B.A. LL.B.,
LIII Addl. City Civil & Sessions Special Judge,
Bengaluru.
SPECIAL C.C.No. 109/2019
COMPLAINANT :
The State of Karnataka
By Chikkajala Police Station,
Bengaluru.
[Rep. by Public Prosecutor]
/ VERSUS /
ACCUSED:
Karunappa,
S/o. Narasappa,
Aged about 26 years,
R/at. Hattikuni,
Yadagiri Taluk and District.
[Rep. by Mr. M.B.P. - Advocate]
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Spl.C C.109/2019
TABULATION OF EVENTS
1. Date of Commission : 26/11/2018
Of Offence
2. Date of Report :
Of Offence 30/11/2018
3. Date of arrest of :
Accused 10/12/2018
4. Date of release on Bail
Accused : Accused is in Judicial Custody
5 Period undergone in
Judicial Custody by : -
Accused
6 Name of the complainant : Smt. Kamalamma
7. Date of Commencement :
of recording evidence 10/10/2019
8. Date of Closing of :
10/10/2019
Evidence
9. Charges framed : Sections 366, 376 IPC and
Sections 5(l) R/w 6 of POCSO
Act, 2012.
10. Opinion of the Judge : As per final Order
(S.H.PUSHPANJALI DEVI)
LIII Addl.City Civil & Sessions Special Judge,
Bangalore.
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Spl.C C.109/2019
JUDGMENT
This Charge Sheet is filed by the Police Inspector of Chikka jala Police Station, Bengaluru City against the Accused for the offences punishable under Sections 363, 376 of IPC and Sections 4 and 6 of POCSO Act, 2012.
2. The brief facts of the case of the Prosecution are that on 26/11/2018 at about 9 a. m., the Accused with an intention to cause Sexual Assault on the minor Victim, induced her and forcibly took in the Auto, kidnapped her and taken to the hut in the premises of Attur Layout Road, Veerasagara, Yelahanka New Town and kept her for two days and forcibly had Sexual intercourse with her and repeated the Aggravated Penetrative Sexual Assault on her. 4
Spl.C C.109/2019
3. Subsequently, the complainant, mother of the Victim Smt. Kamalamma gave the complaint on 30/11/2018 and case was registered against the Accused in Crime No. 187/2018 for the offence punishable under Sections 363, 376 IPC and Sections 4 and 6 of POCSO Act, 2012. The Accused was arrested on 11/12/2018, produced before this court and remanded to Judicial Custody. Thereafter he was represented through the Counsel.
4. The Investigating Officer has conducted investigation and filed charge sheet against the Accused for the offences punishable under Sections 363, 376 of IPC and Sections 4 and 6 of POCSO Act, 2012. This Court has taken cognizance of the said offences and heard, arguments of both learned Public prosecutor for the State and the learned Counsel for the Accused. Afterwards, as the prima-facie materials found to 5 Spl.C C.109/2019 proceed against the Accused, charges framed under Sections 366, 376 of IPC and Section 5(l) R/w 6 of POCSO Act, 2012, read over and explained to the Accused, he has not pleaded guilty and claims to be tried.
5. The Prosecution has examined 7 witnesses out of 24 witnesses as PWs 1 to 7. The documents are marked as Ex. P-1 to 12, P-3(a)(b), 4(a). The CW's 20, 22 to 24 remained absent in spite of service of summons. Therefore, as the Victim turned hostile, even if they are examined it will not serve any purpose, hence the evidence of Prosecution is closed. Further as no incriminating circumstances deposed against the Accused by the Pws 1 to 7, the Statement under Section 313 Cr.P.C. is dispensed with.
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Spl.C C.109/2019
6. Heard, the arguments of learned Public Prosecutor for the State and the learned Counsel for the Accused on merits.
7 . The points for my consideration are :
1. Whether the Prosecution proves that the Accused with an intention to cause Sexual Assault and have Sexual Intercourse with the Victim, kidnapped her on 26//11/2018 and taken to hut near Attur layout and forcibly committed Rape and Aggravated Penetrative Sexual Assault punishable under Sections 366, 376 IPC and Section 5(l) R/w 6 of POCSO Act, 2012?
2 What Order?
8. My findings on the above points are as under:-
Point No.1 : In the Negative.
Point No.2 : As per final order
for the following
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Spl.C C.109/2019
REASONS
9. Point No. 1: The Charge framed against the
Accused for the offences punishable under Sections 366, 376 IPC and Sections 5(l) R/w 6 of POCSO Act, 2012. In proof of the said allegations of Kidnap, Rape and Aggravated Penetrative Sexual Assault committed by the Accused on the minor Victim, on 26/11/2018, the Prosecution examined the Victim aged about 17 years as PW-2. She has admitted her signatures in the Mahazar Ex.P-3, Statement under Section 164 Cr.P.C. Ex.P-4 are marked as Ex.P-3(a) and 4(a). The Medical Report identified as Ex.P-5, but she has shown ignorance of contents of Ex.P-3 to 5. She has turned hostile and in the Cross-examination , denied Statement given against the Accused as per Ex.P-6.
11. The mother of the Victim Smt. Kamalamma is examined as PW-1. She has shown ignorance about 8 Spl.C C.109/2019 the Accused, when he was shown before the Court and denied thumb impressions put to the Complaint and the Mahazar marked as Ex.P-1 and 2. She is also treated hostile and Cross examined by the learned Public Prosecutor. In the Cross-examination, she has denied the Complaint given under Ex.P.1 and Mahazar conducted by the police at the spot of incident as per Ex.P-2.
12. The brother of the minor Victim Mr. Nagappa is examined as PW-3. He is stated the relationship with minor Victim as his sister. He has also shown ignorance about the Accused, when shown before the Court and denied his Statement given against him. He is also treated hostile and Cross examined by the learned Public Prosecutor. In the Cross-examination, he has denied the Statement given under Ex.P.7. 9
Spl.C C.109/2019
13. The Sister-in-law of Victim Chandrakala is examined as PW-4. She has shown ignorance about the Accused and denied her Statement given as per Ex.P-8.
14. The Independent witness Doddappa is examined as PW-5. He has denied the incident of Kidnap and Rape committed by the Accused after wrongfully confining her in the house, which was seen by him as stated in the Statement Ex.P-9, which is read over to him in the Cross-examination.
15. The witness N. Narayanaswamy is examined as PW-6. He has admitted his signature in the Spot Mahazar marked as Ex. P-3(b). He has shown ignorance about the Mahazar conducted by the police at the spot and after reading the contents put his signature at the same spot is denied.
16. The witness Sabanna is examined as PW-7 and not identified the Accused before the Court and also 10 Spl.C C.109/2019 denied his Statement given against him. He is also turned hostile and Cross-examined and not admitted the Statement given as per Ex.P-10 stating about the Accused after Kidnapping the Victim committed Rape on her.
17. The case of Prosecution is relied on the evidence of minor Victim, said to be kidnapped, Raped and Sexually Assaulted by the Accused in a hut near Attur Layout Road, Yelahanka New Town, after keeping her for two days. However, the evidence of the Victim is not corroborated with evidence of her mother, the Complainant. Though the Victim has explained how the Accused has kidnapped and initially taken to the house of strangers in Bengaluru, where kept for two days and committed Rape and Aggravated Penetrative Sexual Assault, before the Magistrate, while recording the Statement under Section 164 Cr.P.C. as per Ex.P-4, her oral evidence is contrary to the said Statement. Further the Spot Mahazar also not proved by the Prosecution, 11 Spl.C C.109/2019 though one of the independent witness is examined as PW-6, who has turned hostile and deposed contrary to its contents.
16. Therefore, in absence of any supporting evidence of prosecution witnesses, I am of the opinion that the Prosecution has failed to prove that the Accused on 26/11/2018 has Kidnapped the Victim and committed Rape as well as Aggravated Penetrative Sexual Assault repeatedly on her punishable under Sections 366, 376 IPC and Section 5(l) R/w 6 of POCSO Act, 2012. Hence, I answer point No.1 in the Negative .
17. Point No.2: In the result, I proceed to pass the following:
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Spl.C C.109/2019 ORDER Acting under Section 235(1) of Cr.P.C. Accused Karunappa S/o. Narasappa is hereby acquitted for offences punishable under Sections 366, 376 IPC and Section 5(l) R/w 6 of of POCSO Act, 2012.
The bail bonds executed by the Accused and surety under Section 437 (A) Cr.P.C. shall be in force till the completion of appeal period.
(Dictated to the Judgement writer, transcript and computerized by her, corrected, signed and then pronounced by me in the open Court today on 2nd day of December, 2019.) (S.H.PUSHPANJALI DEVI) LIII Addl.City Civil & Sessions Special Judge, Bangalore.13
Spl.C C.109/2019 ANNEXURE
1) List of witnesses examined for the Prosecution PW.1 Kamalamma PW.2 Victim PW.3 Nagappa PW.4 Chandrakala PW.5 Doddappa PW.6 N.Narayanaswamy PW.7 Sabanna
2) List of documents marked for the Prosecution Ex.P1 Complaint Ex.P2 Mahazar Ex.P3 Panchanama Ex.P3(a) Signature of Pw-2 Ex.P3(b) Signature of PW-6 Ex.P4 164 Cr.P.C. Statement of PW-2 Ex.P4(a) Signature of PW-2 Ex.P5 Medical Certificate of PW-2 Ex.P6 Statement of PW-2 Ex.P7 Statement of PW-3 14 Spl.C C.109/2019 Ex.P8 Statement of PW-4 Ex.P9 Statement of PW-5 Ex.P10 Statement of PW-7 Ex.P11 Study Certificate Ex.P12 Medical Certificate of Accused.
3) List of Material Objects marked for the Prosecution Nil
4) List of witnesses examined for the Accused Nil
5) List of documents marked for the Accused Nil
6) List of Material Objects marked for the Accused Nil (S.H.PUSHPANJALI DEVI) 15 Spl.C C.109/2019 LIII Addl.City Civil & Sessions Special Judge, Bangalore.
*** Accused produced from Judicial Custody Judgment pronounced in the open court, (vide separate Judgment ) 16 Spl.C C.109/2019 ORDER Acting under Section 235(1) of Cr.P.C. Accused Karunappa S/o. Narasappa is hereby acquitted for offences punishable under Sections 366, 376 IPC and Section 5(l) R/w 6 of of POCSO Act, 2012.
The bail bonds executed by the Accused and surety under Section 437 (A) Cr.P.C. shall be in force till the completion of appeal period.
(S.H.PUSHPANJALI DEVI) LIII Addl.City Civil & Sessions Special Judge, Bangalore.