Bangalore District Court
State Of Karnataka vs Babu @ Jabeeulla on 25 July, 2016
IN THE COURT OF LXIX ADDITIONAL CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-70)
Present: Sri T.P.Ramalinge Gowda,
LXIX Additional City Civil and
Sessions Judge,
Bengaluru.
Dated this the 25th day of July, 2016
SESSIONS CASE No.491/2015
Complainant : State of Karnataka
By Mico Layout P.S.
(By Learned Public Prosecutor )
-V/S-
Accused : 1. Babu @ Jabeeulla
s/o Anwar
aged bout 43 years
r/at No. 17, 14th cross,
Someshwara layout, Bilekahalli,
Bengaluru.
2. Sameer Baig s/o Isabaig,
Aged about 40 years
r/at No. 19, 9th main road,
Old Gurappanapalya,
Bengaluru.
1. Date of commission of offence : 12.1.2015
2. Date of report of occurrence : 12.1.2015
3. Date of commencement of evidence : 15.2.2016
4. Date of closing of evidence : 16.5.2016
2 S.C.No.491/2015
5. Name of the complainant : Oblesh
6. Offence complained of : U/s 370 of IPC
and u/sec. 3,4,5,
of PIT Act
7. Opinion of the Judge : Charge not proved.
: JUDGMENT :
This Charge Sheet is filed by the Police Inspector of Mico Layout Police Station, against accused for the offence punishable Under section 370 of IPC and u/sec.3,4,5 of PIT Act.
2. It is the case of the prosecution that the accused obtained the house situated at No. 17, ground floor, Bilekahally village, Someshwar layout, 14th cross from CW.4 on rent and they were using the said house for running prostitution. CW.8 received information in this regard, accordingly CW.1 ACP, CW2 and 3 the panchas rushed to spot at about 5.00 p.m. and conducted raid in the presence of CW 8 to 13 and found A1 was running brothel by using CW 5 to 7, by giving them false assurance of employment. Accordingly they saved CW 5 to 7 and seized cash of Rs. 1500/-, two mobiles and 4 condoms of moods company. CW 1 lodged complaint against the accused for the offences punishable U/Secs.370 of Indian Penal Code and u/sec.3,4,5 of PIT Act. After investigation the police have filed the charge-sheet against the accused persons for the above said offences.
3 S.C.No.491/20153. The committal court after taking cognizance of the charge-sheet registered in C.C. No.7554/2015 committed the case for trial under Sec. 209 of Code of Criminal Procedure, after complying the provision of Sec. 207 of Code of Criminal Procedure to Session court. Accused were remanded to JC. In pursuant to the committal order, on committal of the case, present case has been made over to this Court for trial in accordance with law. The accused were secured before this Court from judicial custody. After hearing the prosecution and accused, my predecessor has framed the charge. The charge was read over and explained to them. The accused has pleaded not guilty and claims to be tried.
4. The Prosecution in all examined 6 witnesses as PW.1 to 6 and got marked 5 documents exhibited as Ex.P1 to P.5 and also got marked 7 MOs as MO.1 to MO.7. After the completion of prosecution side evidence, the statement of the accused is recorded U/Sec. 313 of Cr.P.C. Accused denied the incriminating evidence as false and they have not chosen to lead defence evidence. Total denial of prosecution case is their defence.
5. Heard the arguments of learned public prosecutor and defence counsel.
6. Perused the papers.
7. In the light of above materials, following points fall for decision making of this court:-
4 S.C.No.491/20151. Whether prosecution proves beyond all reasonable doubt that in the year 2015, and on 12/1/2015 A1 took House No.17, situated at Ground Floor, 14th Cross, Someshwara layout, Bilekahalli village, within the jurisdiction of complainant police station, on rent from CW.4 Smt. Anuradha, W/o Nagaraj and used the said rental premises as a brothel to do prostitution business thereby you both committed an offence punishable U/Sec.3 of the Immoral Traffic (Prevention) Act, 1956?
2. Whether the prosecution proves beyond all reasonable doubt that on the said date, time and place A1 engaged CW.5 Smt. Parveen Taj, CW.6 Smt. Nazma, and CW.7 Smt. Remita on daily wage and used them in the above brothel for prostitution at the rate of Rs.1,000/-
per customer and thereby A1 lived on the earnings of prostitution and thereby A1 committed an offence punishable U/Sec.4 of the Immoral Traffic (Prevention) Act, 1956?
3. Whether the prosecution proves beyond all reasonable doubt that on the said date, time and place both accused procured above CW.5 to CW.7 with false assurance that they would be given employment, for the purpose of prostitution and caused them to carry of prostitution on the above period of time and place and thereby you both committed an offence punishable U/Sec.5 of the Immoral Traffic (Prevention) Act, 1956?
4. Whether the prosecution proves beyond all reasonable doubt that on the said date, time and place both accused imported and bought CW.5 to 7 with false promise for employment and detained them in the above brothel and compelled them to do prostitution against their will and thereby you both committed an offence U/Sec.370 of Indian Penal Code?
5. What order?
5 S.C.No.491/20158. This court upon appreciation of available materials, with reference to prevailing legal aspects, give findings to the above points as follows:-
Point No.1 - Negative;
Point No.2 - As per final order,
for the following:-
: REASONS :
9. POINT NO.1 to 4 :- As per the canon of criminal jurisprudence of our nation, prosecution to bring home alleged guilt of accused with production of cogent and satisfactory evidence. Case of the accused is a total denial of the version of prosecution. Prosecution to bring home guilt of accused got examined 6 witnesses and exhibited 5 documents and 5 material objects.
10. PW.1, 3 to 6 are the official witnesses and PW.2 is the owner of the house where the alleged incident occurred.
11. PW 4 ACP and PW.6 P.I. of Mico layout P.S. have deposed that on 12.1.2015 at about 4.30 p.m. on receipt of information regarding prostitution business, they rushed to the spot alongwith laptop, printer and panchas who are CW 2 and 3 and CW 9 to 13 the police officials and issued notice to CW 2 and 3 to act as panchas and send CW 5 as decoy by giving two currency notes of denomination of Rs. 500/-. After confirmation of the information they conducted raid and found Babu @ Jabiull and Parveen Taj and on enquiry regarding decoy Babu told them that he engaged him with one girl by 6 S.C.No.491/2015 receiving Rs. 1000/- in one room. On verification they found one girl Najma alongwith decoy. He further deposed that they saved those girls and seized two condoms of Moods Company and found that A2 was engaged in another room with a girl by name Ramita. They seized two condoms from that room and also seized cash of Rs.1500/- from A1 and one Nokia mobile and one Intex mobile. The same were seized by CW. 4. PW. 6 further deposed that CW. 1 conducted mahazar as per Ex.P.4 and the seized articles are marked as MO.1 to 7. He further deposed that he and panchas put their signatures on 500/- rupees note which was given by A2. PW.4 deposed that A1 has procured CW 5 to 7 under false assurance of employment and compelled them to do prostitution in order to gain illegally.
12. PW. 1 who is CW 9 has deposed that he accompanied PW. 6 at the time of raid. The witness identified the MO. 1 to 7 before the court and deposed that two panchas signed the mahazar-Ex.P.4 and he also identified the accused persons before the court.
13. PW. 2 Smt.Anuradha has deposed that A1 Babu took their house for rent of Rs. 5500/- per month and advance of Rs. 50,000/- and she entered into Rental Agreement with A1 which is marked as Ex.P.1 and Ex.P.1(a) is the signature of A1 and Ex.P.1(b) is the signature of this witness. She further deposed that in the year 2015 January, the police called her to the P.S. and told that their house was using for illegal purpose and obtained her statement and received the Rental Agreement 7 S.C.No.491/2015 from her. She further deposed that she gave Sale Deed, Khatha Certificate to the Police to show her ownership over the house.
14. PW. 3 the then PSI of Mico Layout P.S. has deposed that he received the accused, three girls and seized articles from the custody of ACP Oblesh alongwith report and the said report is marked as Ex.P.2 and on the basis of the same registered the case and sent FIR to the court as per Ex.P.3. He further deposed that he recorded the voluntary statement of accused and the statement of panchas and the statement of the girls and also recorded the statement of WPC. He further deposed that on 15.1.2015 he recorded the statement of PW.2 and received the Rent Agreement from her.
15. PW 5/CW 12 Police Constable has deposed that he accompanied PW6 at the time of raid and he was directed by P.I. to act as decoy and gave two currency notes of denomination of Rs. 500/- after signed by panchas and P.I., accordingly he entered the house and after negotiation came outside the house and gave signal and went inside the house. Thereafter PW.4 and 6 and the staff and panchas raided the house. The witness identified the MOs and the accused who were present before the court.
16. It is pertinent to note that PW.2 is the owner of the house where the brothel was running and remaining witnesses are the official witnesses who conducted raid. The panch 8 S.C.No.491/2015 witnesses have not been examined in this case even after providing sufficient opportunity. After providing sufficient opportunity the IO has issued a report that CW 2,3, 5 to 7 have left the address. The prayer of the P.P. for reissuing summons to these witnesses was rejected and dropped from the examinaton. Thereafter the evidence on prosecution side is taken as closed. The 313 statement of the accused was recorded, the accused denied all the incriminating evidence against them as false. They have not chosen to give evidence.
17. The learned Prosecutor argued that all the witnesses have supported the case of the prosecution and since the witnesses are all officials and they deposed regarding their day to day duties as performed routinely. The defence counsel has not raised any malice regarding false implication of these accused. Hence prays for convicting the accused by considering the oral and documentary evidence on record.
18. The counsel for accused argued that except PW.2 the remaining witnesses are the formal witnesses. Their evidence is not supported by independent witnesses who are panch witnesses. Even the evidence of these official witnesses are not corroborated to each other. Therefore, available materials are not cogent and satisfactory to hold the accused guilty for the offences alleged and prays for acquittal.
19. With these rival arguments this court delving upon the 9 S.C.No.491/2015 evidence of the witnesses. PW.1 being the Police Constable who is actually participated in the raid, he never stated regarding participation of A.C.P. who is examined as PW.4 . In his cross examination he deposed that he is not aware regarding in which vehicle they rushed to the spot eventhough PW. 6 in his examination deposed that he alongwith his staff gone to the place through Department vehicle. He admits that on the properties seized at the spot of raid were labeled with the crime numbers of the case on hand. Further PW. 4 ACP in his chief examination deposed that he has put signature on the currency of denomination of Rs. 500/- which has given to decoy PW.5. But the currency notes seized does not contain the signature of PW.4. Further in his cross examination PW.6 deposed that the labels on MO. 1 to 6 are affixed by PW. 4 and he was not aware where he was affixed and again he admits regarding entry of crime numbers in the label affixed to MO. 1 to 6.
20. The entire evidence of official witnesses is not corroborative to each other and so many omissions and contradictions can be found in their evidence and that amounts to material contradiction which goes against the case of the prosecution. It is the case of the prosecution that after the raid, PW. 4 filed the complaint before PW.3 who registered the case by filing the FIR as per Ex.P.3. But PW.1,4, and 6 are admits that labels affixed to the objects seized at the spot and which contains the crime number. Without filing the case and recording the FIR, the crime number is not known to the 10 S.C.No.491/2015 complainant. Thus mentioning of crime number at the spot without registering the case and recording the FIR creates doubt in the mind of the court regarding the very raid and seizing of the articles at the spot. Thus the prosecution failed to prove these points beyond all reasonable doubt as required under law. Accordingly the accused deserves for acquittal. Hence these points are answered in the negative.
21. POINT NO.3:- In the light of findings, on above point accused to be acquitted for the offences U/Sec.370 of Indian Penal Code and u/sec. 3,4,5 of PIT Act. Accordingly, this court proceeds to pass the following:-
ORDER In exercise of power vested with this court U/Sec.235(1) of Criminal Procedure Code, it is ordered that accused are acquitted of the offence punishable U/Sec.370 of Indian Penal Code and u/sec. 3,4,5 of PIT Act.
Accused are set at free for the said offences. Bail bond and surety bond stands cancelled.
M.Os.1 to 4 are ordered to be destroyed and MO 5 to 7 are ordered to be confiscated to the State after appeal period is over.
(Typed to my online dictation by the J.W., corrected and then pronounced by me in the open court on this the 25th day of July, 2016.) (T.P.Ramalinge Gowda) LXIX Addl.C.C. & Sessions Judge, Bengaluru.11 S.C.No.491/2015
ANNEXURE LIST OF WITNESSES EXAMINED FOR PROSECUTION PW1 Shivananda PW2 Anuradha PW3 Neelakantan PW4 Oblesh PW5 Raju PW6 Manjunath LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION:
Ex.P.1 Rent Agreement
Ex.P2 Report
Ex.P3 FIR
Ex.P4 Spot mahazar
Ex.P5 Notice
LIST OF MATERIAL OBJECTS MARKED FOR
PROSECUTION:
M.O.1 to 4 Condoms
M.O.5 Nokia mobile
MO 6 Intek mobile
MO 7 Cash of Rs.1500/-
LIST OF WITNESSES EXAMINED & DOCUMENTS
EXHIBITED FOR ACCUSED : Nil
(T.P.Ramalinge Gowda)
LXIX Addl.C.C. & Sessions Judge,
Bengaluru.
12 S.C.No.491/2015
Judgment pronounced in the open court, vide separate Judgment ORDER In exercise of power vested with this court U/Sec.235(1) of Criminal Procedure Code, it is ordered that accused are acquitted of the offence punishable U/Sec.370 of Indian Penal Code and u/sec. 3,4,5 of PIT Act.
Accused are set at free for the said offences.
Bail bond and surety bond stands cancelled. M.Os.1 to 4 are ordered to be destroyed and MO 5 to 7 are ordered to be confiscated to the State after appeal period is over.
LXIX Addl.C.C. & Sessions Judge, Bengaluru.13 S.C.No.491/2015 14 S.C.No.491/2015