Bangalore District Court
State By Ashokanagar Police vs Tasaveer Abbas S/O. Hasan Raza on 3 January, 2020
IN THE COURT OF THE XXIX ADDL.C.M.M MAYO HALL UNIT,
BENGALURU
Dated: This the 3rd Day of January 2020
PRESENT: Sri. G.R.KULKARNI,
B.A.(LAW)., LL.B.,
XXIX Addl. Chief Metropolitan Magistrate, Bengaluru.
C.C.NO. 57791/2017
COMPLAINANT :- State by Ashokanagar Police
(By Sr.APP)
ACCUSED Tasaveer Abbas S/o. Hasan Raza
Aged 18 Years
R/at. No.47, 1st Coss, M.G.Garden
Anepalya, Bengaluru City.
(By Sri.B.Sundar., Advocate )
DATE OF COMMENCEMENT OF 06.12.2019
EVIDENCE
DATE OF JUDGMENT 03.01.2020
JUDGMENT
This is a final report filed by the PSI of Ashokanagar P.S. against the accused for the offence punishable under Section 380 of Indian Penal Code.
2. BRIEF FACTS:-
The case of prosecution is that on 12.07.2017 at about 4.00 A.M the accused has stolen the one Black Colour Redmi Note-4 Mobile 2 CC.No.57791/2017 Phone, One Gold Colour Oppo A-57 mobile phone and one Black colour OPPo A-33 Mobile Phone from the house of CW-1.
3. Based on the information of CW-1 the police have registered the case, investigation was conducted and after completion of the investigation charge sheet filed against the accused.
4. The accused has entered appearance in response to the summons and has been enlarged on bail. The prosecution papers has been supplied to the accused. The substance of accusation is read over to the accused to which he pleaded not guilty and claimed to be tried.
5. The prosecution has examined PW.1 and Ex.P1 to Ex.P7 is exhibited. The statement of the accused is dispensed with.
6. Heard both sides.
7. The following points arise for my consideration.
1. Whether the prosecution proves beyond reasonable doubt that on 12.07.2017 at about 4.00 A.M the accused has stolen the one Black Colour Redmy Note-4 Mobile Phone, One Gold Colour Oppo A-57 mobile phone and one Black colour OPPo A-33 Mobile Phone from the house of CW-1 and thereby has committed an offence punishable u/s. 380 of IPC?
2. What order?
8. My answer of the aforesaid points.
Point No.1 - In the Negative
Point No.2 - As per final order for the
following
3 CC.No.57791/2017
REASONS
9. Point No.1 :
In the instant case PW.1 who is complainant testifies that the accused has not stolen the mobile phones from his house. That he has not given the complaint as per Ex.P1 in this regard. Although PW.1 subscribes to his signature appearing in the complaint at Ex.P1, spot mahazar at Ex.P2 and indemnity bond at Ex.P3, he pleads ignorance to the contents of Ex.P1 to Ex.P3. PW.1 is treated hostile and cross-examined by the Ld.Sr.APP wherein nothing substantial is elicited in order to support the case of prosecution. He denies to have given any statement before the police as per Ex.P7.
10. This Court was of the opinion that PW.1 is the only material witness who has turned hostile and therefore the remaining witnesses were dropped by rejecting the prayer of Ld.Sr.APP.
11. On considering the evidence of PW.1 and the complaint at Ex.P1, the evidence of PW.1 appears to be contradictory. The evidence of PW.1 is not inconsonance with Ex.P1. The prosecution is unable to establish the guilt of the accused beyond reasonable doubt. Since there is nothing incriminating against the accused the only inference that could be drawn is that the accused is innocent of the offences leveled against him. Hence the accused deserves to be acquitted. Therefore I answer point No.1 in the NEGATIVE.
12. Point No.2 : For the aforesaid reasons, I proceed to pass the following:
ORDER Acting U/s.248(1) Cr.P.C. accused is hereby ACQUITTED for the offence punishable U/s. 380 of Indian Penal Code.4 CC.No.57791/2017
The bail bond of the accused and that of his surety stands cancelled.
(Dictated by me on computer, typed by the steno, same was corrected by me and then pronounced in open Court on this the 3rd day of January 2020) (G.R.Kulkarni) XXIX ACMM, BENGALURU ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION PW-1 Jameer Khan LIST OF EXHIBITS MARKED ON BEHALF OF PROSECUTION Ex.P.1 Complaint Ex.P.1(a) Signature of PW-1 Ex.P.2 Mahazar Ex.P.2(a) Signature of PW-1 Ex.P.3 Indemnity bond Ex.P.3(a) Signature of PW-1 Ex.P.4 to 6 Three photographs Ex.P.7 Statement of PW-1 LIST OF MATERIAL OBJECTS GOT MARKED :-
NIL (G.R.Kulkarni) XXIX ACMM, BENGALURU 5 CC.No.57791/2017 03.01.2020.
State by APP Accused For Judgment (Vide separate order pronounced in the Open Court) ORDER Acting U/s.248(1) Cr.P.C. accused is hereby ACQUITTED for the offence punishable U/s. 380 of Indian Penal Code.
The bail bond of the accused and that of his surety stands cancelled.
XXIXI ACMM