Bangalore District Court
Victim Kumari Chaitra vs Has Given Any Kind Of Trouble To Her By ... on 30 January, 2021
IN THE COURT OF THE I st ADDL.CMM: BENGALURU
Dated this the 30 th day of January 2021.
Present: Shri Bhat Manjunath Narayan,
B.Com., LL.B.
Ist Addl. C.M.M BENGALURU.
C.C.No.403/2019
State by Cubbon Park
Police Station, Bengaluru. ....Complainant
( Rep. by Sr.APP)
Vs
Premachandragowda @ Premachandra
S/o Dharnappa Gowda,
aged 23 years, r/o Kemberjehouse,
Near Mugudi,
Belthangadi Post and Taluk.
Mangalore district.
.....Accused
(Rep by Sri.P.Karunakar and C.P.Rajesh Adv)
1. Sl. No. of the case : CC No.403 of 2019
2. The date of commission of : 19-07-2015 to 26-07-2015
the ofence
3. Name of Complainant : Smt.Chaitra
4. Name of the accused : As stated above
5. The ofences complained or : U/s 354(A), 509 of IPC R/w
proved sec.66D and 67 of IT Act.
C.C.No.403/2019
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6. Plea of the accused and his : Pleaded not guilty
examination
7. Date of Commencement of : 12.03.2020
evidence
8. Date of Closing of : 13.01.2021
prosecution evidence
9. Opinion of Judge : Accused not guilty
10. Date of Judgment : 30.01.2021
(Bhat Manjunath Narayan)
Ist Addl. CMM., Bengaluru.
C.C.No.403/2019
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JUDGMENT
That, Cubbon Park Police have fled charge sheet against the accused alleging that the accused has committed an ofence punishable under Section 354(A)(4), 509 of IPC and 66(D) and 67 of Information Technology Act.
2. The allegations made in the charge sheet in brief are as under:
It is alleged in the charge sheet that CW-1 Kumari Chaitra was working in Samaya News Channel and accused started chatting with CW-1 Kumari Chaitra by using k.meryse.premachandra @ gmail.com and chandangowda @gmail.com. After some time accused by using his Samsung mobile and phone No.9480296909 has created a fake account named as "Mangalore Hindhu" and starting sending vulgar messages to CW-1. Accused has also posted photos to defame CW-1 Kumari.Chaitra.
3. CW-1 Kumari.Chaitra has fled frst information before Cubbon Park police on 28.07.2015 and as per the frst information a criminal case came to be registered at Cubbon Park PS crime No.271/2015. The investigation ofcer has recorded the statements of the witnesses and C.C.No.403/2019 4 also seized the mobile phone in the presence of CW-4 Imran and CW-5 Yogendra. After scrutinizing the statements of the witnesses and available materials, investigation ofcer has fled charge sheet alleging that the accused has committed an ofence punishable under section 354(A)(4), 509 of IPC and 66(D) and 67 of Information Technology Act.
4. After fling of charge sheet, cognizance of the ofence under Sections 354(A)(4), 509 of IPC and 66(D) and 67 of Information Technology Act is taken. Accused was arrested during crime stage and was released on bail. After fling of charge sheet, presence of accused was secured by issuing summons and copy of the charge sheet is supplied to the accused as required under section 207 of Cr.P.C.,
5. Charge for the ofences punishable under section 354(A)(4), 509 of IPC and 66(D) and 67 of Information Technology Act is framed after hearing both prosecution and learned counsel appearing for the accused. Accused pleaded not guilty and claims trail by this court.
C.C.No.403/2019 5
6. In order to prove the guilt of the accused, the prosecution has examined 2 witnesses and got marked 3 documents. CW-1 Kumari Chaitra who is examined as PW-2 turned hostile and as such prayer of learned Senior APP to issue summons/NBW to other witnesses is rejected.
7. As there was no incriminating materials in the evidence of prosecution witnesses, statement of accused under section 313 of Cr.P.C., is dispensed with. Accused has not adduced any defence evidence in support of his defence.
8. On the basis of charge sheet averments oral and documentary evidence adduced, the following points arose for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that accused by using account by name Mangalore Hindu has sent vulgar messages and uploaded picture of CW-1 Kum.Chaitra and thereby committed the ofence punishable under section 354(A)(4), 509 of IPC and 66(D) and 67 of Information Technology Act ?
2. What order ?
C.C.No.403/2019 6
9. Heard Counsel appearing for the accused and learned Sr.APP. Perused the oral and documentary evidence adduced by the prosecution and my fndings on the above points are as under:
Point No.1 : In the Negative
Point No.2 : As per fnal order, for the
following:
REASONS
Point No.1 :-
10. That, the Cubbon park police have fled charge sheet alleging the that accused has sent vulgar messages to CW-1 Kum.Chaitra and uploaded objectionable photos so as to defame CW-1 Chaitra and thereby committed an ofence punishable under section 354(A), 509 of IPC and 66(D) and 67 of Information Technology Act.
11. In order to prove the guilt of the accused, prosecution has examined CW-1 Kum.Chaitra as PW-2. PW-2 Kum.Chaitra in her evidence has not stated that C.C.No.403/2019 7 accused has sent vulgar messages to her in the name of Mangalore Hindu nor she has stated that accused has uploaded objectionable photos. PW-2 CW-1 turned hostile and deposed as under;
ಆರರರಪ ಗರತತತ . ಆರರರಪ ನನಗ ಯವದರ ತರತದರ ಮಡಲಲ . ನನನ ಬಗಗ ಯವದರ ಅಶಲರಲ ಸತದರಶಗಳನತ ನ ನ ಹಕ ನನನ ಮನಕಕ ದಕಕ ಉತಟತ ಮಡಲಲ . ಆರರರಪ ಪರಟತವನತ ಮತತತ ನನನ ನಡತವ ಯವದರರ ವಷಯದ ಬಗಗ ಮನಸತಪದತದ ಠಣಗ ಹರರದಗ ಪರಲಸರತ ಸಹ ಪಡದರತತತರ . ಪರಲಸ ನವರತ ಏನತ ಬರದತಕರತಡರತ ಗರತತಲಲ . ಸಕಗ ದರರನತ ನ ನ ಗತರತತಸರತತತನ . ದರರನತ ತರರರಸಲಗ ತನನ ಸಹಯನತ ನ ನಪ.2 ಎತದತ, ಸಕಯ ಸಹಯನತ ನ ನಪ.2(ಎ) ಎತದತ ಗತರತತಸಲಯತತ . ಸಕಗ ಸಸಳ ಪತಚನವತಯನತ ನ ತರರರಸಲಗ ತನನ ಸಹಯನತ ದ , ನ ಗತರತತಸದತ ಪತಚನಮಯನತ ನ ತರರರಸಲಗ ತನನ ಸಹಯನತ ನ ದ , ಪತಚನಮಯನತ ಗತರತತತಸದತ ನ ನಪ.3 ಎತದತ, ಸಕಯ ಸಹಯನತ ನ ನಪ.3(ಎ) ಎತದತ ಗತರತತಸಲಯತತ .
ನಪ.3 ರಲ ಏನತ ಬರದದ ಎತದತ ನನಗ ಗರತತಲಲ . ಪರಲಸ ನವರಗ ಯವದರ ಹರಳಕ ಕರಟಟಲಲ .
C.C.No.403/2019 8
12. Learned Senior APP has cross examined complainant -Victim Kumari Chaitra, but nothing has been elicited in the cross examination to show that accused has given any kind of trouble to her by sending vulgar messages and by uploading objectionable photos. This being the case, this court has rejected the prayer of the Senior APP to issue summons to other witnesses as nothing can be proved when victim herself turned hostile to the case of the prosecution. PW-1 is the police witness, who has just arrested the accused and produced the accused before IO. So the evidence of PW-1 and PW-2 are not at all helpful to the prosecution to prove the guilt of the accused for the ofences punishable under section 354(A)(4), 509 of IPC and Section 66(D) and 67(A) of Information Technology Act. Therefore, I answer point No.1 in the negative holding that prosecution has failed to prove the guilt of the accused beyond reasonable doubt.
C.C.No.403/2019 9 Point No. 2:-
13. In view of discussion and conclusion arrived at point No.1, accused is entitled to be acquitted. Hence I proceed to pass following:
ORDER Acting under Section 248(1) of Cr.P.C. the accused is acquitted for the ofences punishable under Sections 354(A)(4), 509 of IPC and Sec.66(D) and 67 of Information Technology Act.
The bail and surety bond of the accused stand canceled.
(Dictated to the stenographer, transcribed by her, revised and then corrected by me and then pronounced in open court on this the 30 th day of January 2021).
(Bhat Manjunath Narayan) Ist Addl. CMM., Bengaluru.
ANNEXURE List of witnesses examined for prosecution :-
P.W.1, Nayaz Ahmed
P.W.2, Kum.Chaitra
C.C.No.403/2019
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List of exhibits marked for prosecution :-
Ex.P1, Report Ex.P2, Complaint, Ex.P2(a), Signature of P.W.1, Ex.P3, Spot mahazar, Ex.P3(a), Signature of P.W.1, Ex.P4, Further statement of PW-1 List of material object : NIL
List of documents marked for defence:-
NIL List of documents marked for defence:-
NIL (Bhat Manjunath Narayan) Ist Addl. CMM., Bengaluru.
C.C.No.403/2019 11 30/1/2020 State by Sr.APP Accused C/B For Judgment (Judgment pronounced in the Open Court) ORDER Acting under Section 248(1) of Cr.P.C. the accused is acquitted for the ofences punishable under Sections 354(A)(4), 509 of IPC and Sec.66(D) and 67 of Information Technology Act.
The bail and surety bond of the accused stand canceled.
(Bhat Manjunath Narayan) I Addl. CMM., Bengaluru. C.C.No.403/2019 12 C.C.No.403/2019 13 C.C.No.403/2019 14