Bangalore District Court
State By Yelahanka New Town vs Mohiddin Sab on 3 October, 2022
Digitally
signed by I
IP P NAIK
Date:
KABC030125942015
NAIK 2022.10.03
13:48:08
+0530
IN THE COURT OF THE 30TH ADDL.CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
Dated: This the 3rd day of October, 2022
:Present: Sri. I.P.Naik, B.A., LL.B.(Spl),
30th ACMM, Bengaluru
Judgment U/s.355 of Cr.P.C.
C.C.No. 4771/2015
Date of Offence 10.12.1998
Complainant State by Yelahanka New Town,
Police Station.
V/s.
Accused Mohiddin Sab,
S/o.Tahabudin Sab Nadaf,
Aged about 47 years.
R/at.No.204/11,
Dambala, Saheb Oni,
Mundaragai Hobl,
Gadag District.
Offences U/s.498-A, 504, 506 of IPC.
Plea Recorded on 01.04.2021 and
accused person Pleaded not
2 C.C.No.4771/2015
guilty.
313 Statement recorded On 16.9.2022
on:
Final Oder Accused is acquitted
Date of Order 01-10-2022
*****
JUDGMENT
The PSI of Yelahanka New Town, Police Station has filed charge sheet against accused person for the offences punishable U/s.498-A, 504, 506 of IPC.
2. The brief facts of the prosecution case are as follows:
It is alleged that, on 10.12.1998, CW1 got married with accused No.1 as per the muslim customs and after marriage CW1 was residing at the Yelahanka Upanagara, CRPF Quarters along with the accused and after 3 years of marriage, accused No.1 went to Srinagar on his duty of CRPF and has neglected the CW1 and his children without speaking to them properly and has not provided money for their daily needs and education, he has abused her in filthy language, so as to cause breach of peace and insult her by doubting her character when he visited the CW1 and her children at 3 C.C.No.4771/2015 Bangalore and criminal intimidation to CW1 by posing life threat with dire consequences and thereby committed the aforesaid offences. In this regard, CW1 lodged complaint before the jurisdictional police. During the course of investigation, I.O. visited the place of incident, drawn spot mahazar in the presence of the witnesses, recorded the statement of witnesses and after completion of investigation filed charge sheet against accused person for the aforesaid offences.
3. On the basis of charge sheet and other materials cognizance taken and case is registered against accused person.
4. The copies of the prosecution papers have been furnished to the accused person as required under Sec.207 of Cr.P.C.
5. The charge is framed, contents of charge have been read over and explained to the accused in the language known to him, he pleaded not guilty and claimed to be tried, hence, the prosecution is called upon to prove its case.
4 C.C.No.4771/2015
6. In order to prove the guilt of the accused persons, prosecution has examined 3 witnesses as PW1 to PW3 and 8 documents are got marked as Ex.P.1 to P.8. In order to secure other witnesses issued Summons, NBW and Proclamation. But the concerned police failed to secure these witnesses. Finally this court opined that there is no meaning in reissuing of Summons, NBW and Proclamation. Accordingly, prayer of learned Sr.APP is rejected and other remaining witnesses are dropped.
7. After that, accused is examined U/s.313 of Cr.P.C., accused denied the incriminating evidence in the prosecution case. He has not chosen to lead his side evidence not marked any document on his behalf.
8. Heard both the side and perused the material evidence on record.
9. The following points would arise for my consideration: 5 C.C.No.4771/2015
1. Whether the prosecution proves beyond reasonable doubt that, on
10.12.1998, CW1 got married with accused No.1 as per the muslim customs and after marriage CW1 was residing at the Yelahanka Upanagara, CRPF Quarters along with the accused and after 3 years of marriage, accused No.1 went to Srinagar on his duty of CRPC and has neglected the CW1 and his children without speaking to them properly and has not provided money for their daily needs and education and thereby committed an offence punishable under Section 498-A IPC and within my cognizance.?
2. Further, you accused person on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, he has abused her in filthy language, so as to cause breach of peace and 6 C.C.No.4771/2015 insult her by doubting her character when he visited the CW1 and her children, at Bangalore and thereby committed an offence punishable under Section 504 of IPC and within my cognizance.?
3. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, accused person has caused criminal intimidation to CW1 by posing life threat with dire consequences and thereby committed and offence punishable under Section 506 of IPC and within the cognizance of this Court.?
4. What order.?
10. My findings on the above points are as follows: 7 C.C.No.4771/2015
Point No.1 : IN THE NEGATIVE
Point No.2 : IN THE NEGATIVE
Point No.3 : IN THE NEGATIVE
Point No.4 : As per final order
......................... for the following.., REASONS
11. Point No.1 to 3 :- According to prosecution case, PW2 is witnesses to the SO mahazar. In the course of trail PW2 has not supported the prosecution case. In this regard, the learned APP has cross-examined him, inspite of that, no material is extracted from the cross-examination by the prosecution.
12. PW3 is initial investigation officer who has received the complaint from the PW1 and registered the case in Cr.No.177/2014 and forwarded the FIR to this court. Except this, his version is not helpful to the prosecution case.
13. PW1 Smt.Nisha stated that, on 10.12.1998 her marriage was performed and solemnized with the accused as per the 8 C.C.No.4771/2015 witnesses of the elders at Gadag. At that time, accused was serving in Cr.P.F. In the year 2010 accused transferred to Yelahanka for this ground he has shifted his family including the PW1 at Yelahanka New Town CRPF Quarters. Out of their wed lock, 2 children were born to them. Thereafter, accused transferred to Srinagar. Further, she state that, when accused was serving at Srinagar, he has not arranged for the maintenance of their food and basic facilities and not paid school fees to their children. When accused called her for money, at that time, accused insisted her to bring money from her parents. Whenever, accused came to Bengaluru on vacation, he insulted her in front of his family members, whenever she had conversation with other persons, he suspected her character and bused her. Whne she was uanble to tolerate, she has filed complaint, thereafter, police came to the spot and conducted the mahazar.
14. During cross-examination he stated that, father of the PW1 is loco pilot. He has 5 children and 10 years back, he is retired from is service. He mother is involved in the timber 9 C.C.No.4771/2015 business. Income of her parents are sufficient for their livelihood maintenance. The marriage of the accused and CW1 was performance with the wishes of the elders. Further, she stated that, when accused was at Srinagar, PW1 is residing in CRPF Quarters at Yelahanka New Town, Bengaluru only. Further, she stated that during 1998 to 2014 she has not lodged any complaint against the accused and also she has not informed Jamath. Further, she stated that on 10.7.2014 accused lodged missing complaint against her, but she stated that, she went to meet her daughter who is studying medicine at Medical College. Further, she admitted that rent provided by the Government to CRPF Quarters ad same is deducted from the salary of the accused and also ration is provided in the CRPF Canteen with subsidy rate.
15. By considering the entire cross-examination of PW1, accused not disputed in respect of marriage of PW1 and he also not disputed regarding two children born to them, out of their wedlock. So the first ingredients of Section 498-A is proved by the prosecution beyond reasonable doubt.
10 C.C.No.4771/2015
16. In this case, most important aspect required to be proved by the prosecution in respect of mentally and physically torture given by the accused. I have carefully gone through the deposition of the PW1 and recitals of Ex.P.1 complaint. There are omissions which are as under:-
16.1. Further, every month accused is giving torture in order to avoid it, she went to Vijayawada to meet her child who is studying in hostel. This aspect is totally silent in the evidence of PW1. Further, she made allegations against her husband but this aspect is also silent in the evidence of PW1.
16.2: Further, PW1 specifically urged that, accused has given torture to her children. But this aspect is also omissions in the evidence of PW1. This omissions are contradictory to her case.
16.3: PW1 and accused lead happy matrimonial life for a period of more than 16 years. After that, she has lodged this complaint.
After accused lodged missing complaint against the PW1.
17. By considering all these aspects, after that complaint, there is probability in arguments canvassed by the learned counsel or the 11 C.C.No.4771/2015 accused, that she was missing from her matrimonial house of the accused. Under such circumstances, accused has no based to lodge the complaint. In order to take revenge against the accused, she has filed false complaint against the accused. This version of the accused is probable. By considering all these aspects, I am of the opinion tht, prosecution utterly failed to prove the guilt of the accused persons beyond reasonable doubt. Accordingly, Point No.1 to 3 is answered in the Negative.
18. Point No.4: In view of the Negative findings on the above point No.1 to 3, I proceed to pass the following:-
ORDER The Powers confirmed upon me U/s.248(1) of Cr.P.C. accused is acquitted of the alleged offences punishable U/s.498-A, 504, 506 of IPC.
The bail bond of accused person and surety extended for further 6 months in order to comply Sec.437 (a) of Cr.P.C. Thereafter, this bail bond automatically stands cancelled.12 C.C.No.4771/2015
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
(Dictated to the Stenographer and after corrections made by me and then pronounced by me in the Open Court on this the 3rd day of October 2022).
(I.P Naik.) 30 th A.C.M.M., B'lore.
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION:
P.W. 1 : Smt. Nisha
P.W. 2 : Chandru
P.W. 3 : Linganna
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Complaint
Ex.P.2 : Mahazar FIR
Ex.P.3 to 6 : Photos
Ex.P.7 : CC of Nikhama
Ex.P.8 : Letter
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE:
NIL 13 C.C.No.4771/2015
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION:
NIL (I.P.Naik) 30th Addl.C.M.M., B'lore.14 C.C.No.4771/2015
Judgment pronounced in Open Court vide separate:-
ORDER The Powers confirmed upon me U/s.248(1) of Cr.P.C. accused is acquitted of the alleged offences punishable U/s.498-A, 504, 506 of IPC.
The bail bond of accused person and surety extended for further 6 months in order to comply Sec.437 (a) of Cr.P.C. Thereafter, this bail bond automatically stands cancelled.
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
(I.P.Naik) 30 th Addl.C.M.M., B'lore.15 C.C.No.4771/2015