Bangalore District Court
Kum. Veda Shravani vs Ram Mohan . G on 7 May, 2025
KABC0C0125412020
Presented on : 07-08-2020
Registered on : 07-08-2020
Decided on : 07-05-2025
Duration : 4 years, 9 months, 0 days
IN THE COURT OF THE XXIX ADDL.C.J.M
MAYOHALL UNIT, BENGALURU
-: Present :-
Sri. Girish Chatni,
B.A., LL.B(Spl)
XXIX Addl. Chief Judicial Magistrate, Bengaluru.
Dated: This the 07th Day of May, 2025
CRIMINAL CASE No.53352/2020
The State by
P.S.I.,
K.R.Puram Police Station,
Bengaluru.
... Complainant.
(By Learned Assistant Public Prosecutor)
// Versus //
G.Rama Mohan,
S/o Lakshminarasappa,
Aged about 32 years,
R/at: No.290, 2nd Main,
2
C.C.No.53352/2020
2nd Cross, Atturu Layout,
Yalahanka Post, Bengaluru City.
Permanent Address:
Near Anjaneya Swami Temple,
Chola Samudra Village,
Lepakshi Mandalam,
Hindupura Taluk,
Ananthapura District.
Andra Pradesh State.
.... Accused
(By Sri.S.A, Advocate)
Date of commission of offence : 01.02.2020
Date of report of offence : 11.02.2020
Name of the complainant : Veda Shravani
Date of recording evidence : 15.06.2023
Date of closing evidence : 07.08.2024
Offences complained of : Sec.354(A) of IPC
Opinion of the Judge : Accused found not guilty.
(GIRISH CHATNI)
XXIX ACJM, BENGALURU
3
C.C.No.53352/2020
JUDGMENT
The P.S.I., of K.R.Puram Police Station, Bengaluru, has filed the present charge sheet against the accused for the offence punishable under section 354(A) of Indian Penal Code.
2. BRIEF FACTS OF THE PROSECUTION CASE ARE AS UNDER :
It is the case of the complainant that, on 01.02.2020 at about 6.30 PM, CW.1 booked a Uber cab bearing No.KA- 53-B-8416 to go from Hebbala to T.C.Palya, K.R.Puram, which was attached to Uber Cab Company drove by the accused. It is further alleged that, the CW.1 sat back side of the said Car and at 7.15 PM, there was a traffic Jam at T.C.Palya Circle, Old Madras Road, K.R.Pura due to Traffic signal, by that time accused stopped the said Car and pushed back his seat from Driver Seat and outraged the modesty of CW.1 by touching her lap with his hands and also kept his hand in the shirt of CW.1 and touched her body parts and thereby committed Sexual harassment of the nature of unwelcome physical contact. Based on the typed complaint lodged by C.W.1, C.W.8 has registered the case against accused in P.S. Crime No.61/2020 for the offence punishable under sections 354(A) of IPC. Investigating 4 C.C.No.53352/2020 Officers/CW.8 investigated the matter and after completion of investigation has submitted final report against the accused for the offence punishable under section 354(A) of IPC.
3. During the crime stage, the accused has voluntarily appeared before this court and enlarged on bail. Cognizance was taken for the above said offence alleged against the accused and registered the criminal case against him. The presence of accused was secured. Copy of the final report and its' enclosures were furnished to him in compliance of section 207 of Cr.P.C. Sufficient grounds were made out to frame charge. Hence, charge framed and read over to the accused. He pleaded not guilty and claimed to be tried.
4. In order to prove the guilt of the accused, the prosecution has examined three witnesses out of 08 witnesses cited in the charge sheet as P.W.1 to 3 and relied upon seven documents as per Ex.P.1 to Ex.P.07 and closed its side. Thereafter, the accused was examined as provided U/s 313 of Cr.P.C by explaining incriminating evidence appearing against him. The accused has denied the same and has not produced any of either oral or documentary evidence.
5C.C.No.53352/2020
5. Heard both sides. Perused the materials on record.
6. The points that arise for my consideration are;
1. Whether the prosecution proves beyond all reasonable doubt that, on 01.02.2020 at about 6.30 PM, CW.1 booked a Uber cab bearing No.KA-53-B-8416 to go from Hebbala to T.C.Palya, K.R.Puram, which was drove by the accused, the CW.1 sat back side of the said Car and at 7.15 PM, there was a traffic Jam at T.C.Palya Circle, Old Madras Road, K.R.Pura due to Traffic signal, by that time accused stopped the said Car and pushed back his seat from Driver Seat and outraged the modesty of CW.1 by touching her lap with his hands and also kept his hand in the shirt of CW.1 and touched her body parts and thereby committed Sexual harassment of the nature of unwelcome physical contact and thereby committed an offence punishable U/s.354(A) of IPC ?
2. What order or sentence ?
6C.C.No.53352/2020
7. My findings on the above points are as under :
Point Nos.1 : In the Negative.
Point No.2 : As per the final order
for the following ;
REASONS
8. Points No.1:-
In order to bring home the guilt of the accused, the prosecution has to establish that, the accused has sexually harassed the complainant by touching her lap and also put his hand in the T-shirt of CW.1, outraged her modesty.
9. In order to prove the above said allegations, the prosecution has examined the complainant as PW.1, wherein, she deposed that, on 01.02.2020, she booked cab from Hebbal to T.C.Palya. She further deposed that, she sat in the cab at Hebbal CBI Junction, where the cab was being driven by the accused. PW.1 has further deposed that, at T.C.Junction, there was traffic and signal, accused stopped the car took back his seat touched her private parts and also tried to put his hand in the shirt of the complainant. PW.1 has further deposed that, thereafter, she paid the fare to the accused and went to her home. PW.1 has further deposed that, she complained with the 7 C.C.No.53352/2020 Uber Company and they intimated that, they have removed the accused from the services and closed the account of the accused. Thereafter, on the next day, PW.1 went to lodge complaint and till 8th of the February, she went to police station, they did not took the complaint. PW.1 has further deposed that, on 10.02.2020 she went to police commissioner and given written complaint. On 11.02.2020, DCP was at police station and case came to be registered against the accused.
10. PW.1 was cross examined by the accused, wherein, she has admitted that, every time, there will be traffic between K.R.Puram Traffic Police station to Medahalli Signal. PW.1 has admitted that, the Cab cannot be driven fastly on that road. PW.1 has also admitted that, till the green signal, it will take three minutes and there will be number of vehicles. On perusal of the cross examination part of PW.1, she has admitted that, she has worn black colour jiggings and T-shirt, where the pant will not be having zip and buttons. PW.1 has admitted that, she has not averred about the clothes that being worn in Ex.P.1 and 2. PW.1 was also admitted that, she has 8 C.C.No.53352/2020 not stated that, as to the accused has touched her private parts in Ex.P.1 and 2.
11. The prosecution has examined the person, who apphended the accused i.e., CW.6 as PW.2, wherein, he deposed that, on 12.02.2020, he along with CW.7 and 8 went to Hindupur private bus stand and apprehended the accused and his vehicle and came back to the police station and reported before the IO.
12. The prosecution has examined the investigating officer i.e., CW.8 as PW.3, wherein, he deposed that, on 11.02.2020 at 11.00 AM, he registered the case against the accused on receipt of complaint and also received the complaint received from DCP whitefield. He has further deposed that, he conducted spot panchanama, appointed CW.6 and 7 to apprehend accused, CW.6 reported about the apprehension of the accused and vehicle. PW.3 has further deposed that, he has obtained the 164 Cr.P.C., statement of the complainant, recorded the voluntary statement of the accused, seizure of vehicle and conducting of seizure panchanama, recording the statement of witnesses and filing of charge sheet.
9C.C.No.53352/2020 On perusal of the cross examination of PW.3, he has admitted that, in the complaint, complainant has averred that, she went to meet others. PW.3 has further admitted that, for the reason that the DCP has sent the complaint, he has registered the case.
13. The prosecution has to establish that, the accused has sexually harassed the complainant by touching her private parts and outraging her modesty. In the case on hand, no doubt, the complainant has supported the case of the prosecution, but on conjoint reading of the averments made in the complaint, there appears material discrepancies as the complainant in her examination-in-chief deposes that, the accused has touched her private parts, on the other hand, the said averment is not being found in the complaint. PW.1 admits that, the place of incident is crowded with vehicle, the complaint is silent as to why she has not screamed or sought help by opening the window and sought for help from others.
14. On perusal of the materials on record and on going through the evidence of the investigating officer, he has not produced the sufficient documents in order to show that, the complainant has booked the Cab from Uber company. No 10 C.C.No.53352/2020 documents have been produced in order to show that the accused has taken the complainant from Hebbal CBI Junction. PW.1 further contents that, she has filed complaint before the Uber company and subsequently, they have closed the account of the accused in the company. No documents are produced in order to show that, the complainant has raised complaint with Uber company and subsequently, the said company has closed the account of the accused. No officials of the Uber company have been examined. Therefore, it cast doubt on the case of the prosecution. No independent witnesses have been enlisted by the IO and the prosecution has led their evidence. In the absence of the sufficient evidence, it cannot be concluded that, the accused has committed the offence as alleged.
15. It is well settled that, the statement recorded by the magistrate U/s 164 of Cr.P.C., has sufficient evidentiary value. The same can be used to corroborate other evidence. It is generally admissible in evidence, however, other evidence needs to be corroborated. However, the evidence on record both by way of oral and documentary evidence suffers from material discrepancies and is not in corroboration with the other evidence led in by the prosecution. The statement 11 C.C.No.53352/2020 recorded U/s 164 of Cr.P.C., will not come in aid to the case of the prosecution.
16. On perusal of the materials on record, the prosecution has failed to secure the presence of panch mahazar witnesses and seizure mahazar witnesses and led their evidence.
17. The voluntary statement of the accused recorded by the IO is not conclusive one, unless it is corroborated with other evidence. Therefore, much reliance cannot be placed on the voluntary statement of the accused stating that he has committed the offence.
18. On over all perusal of materials on record, the evidence of PW.1 compared with other witnesses is having material discrepancies and the prosecution has failed to prove that, as on the date of the incident, the accused has sexually harassed the complainant by touching her body parts and outraged her modesty. On perusal of the oral & documentary evidence, the evidence on record is not at all helpful to substantiate the guilt of the accused. Hence, there is no cogent and convincing evidence against the accused. The prosecution 12 C.C.No.53352/2020 has filed to prove that the accused has entered the main door of the complainant and stolen the laptop and mobile phone of the complainant beyond all reasonable doubt Accordingly, the benefit of doubt has to be extended to the accused and hence, the Point No.1 is answered in the "Negative".
19. Point No.2:- In view of the findings on above points, I proceed to pass the following;
ORDER Acting under section 248(1) of Cr.P.C. the accused is acquitted of the offence punishable under sections 354(A) of Indian Penal Code.
The Bail bond of accused shall be in force for the period of 6 months and thereafter it shall be canceled without further orders.
(Dictated to the Stenographer directly on computer and typed by her, corrected by me and then signed and pronounced in the Open Court on this date the 07th Day of May, 2025.) (GIRISH CHATNI) XXIX ACJM, BENGALURU 13 C.C.No.53352/2020 ANNEXURE
1. LIST OF WITNESSES EXAMINED FOR THE PROSECUTION :
P.W.1 : Veda Shravani P.W.2 : Chandrappa P.W.3 : Rangesh
2. LIST OF EXHIBITS MARKED FOR THE PROSECUTION :
Ex.P.1 & 2 : Complaints
Ex.P.1(a) & (b) : Signatures
Ex.P.2(a) & (b) : Signatures
Ex.P.3 : Spot Mahazar
Ex.P.3(a) & (b) : Signature
Ex.P.4 : FIR
Ex.P.4(a) : Signature
Ex.P.5 : Voluntary Statement of accused
Ex.P.5(a) & (b) : Signature
Ex.P.6 : Seizure panchanama
Ex.P.6(a) & (b) : Signatures
Ex.P.7 : 164 Statement of CW.1
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C.C.No.53352/2020
3. LIST OF WITNESSES EXAMINED FOR THE ACCUSED :
-NIL-
4. LIST OF EXHIBITS MARKED FOR THE ACCUSED :
-NIL-
5. LIST OF M.Os MARKED ON BEHALF OF PROSECUTION :
-NIL-
(GIRISH CHATNI) XXIX ACJM, BENGALURU