Bangalore District Court
State By Rajagopalanagara Police vs And His Surety Shall Be In Force For The on 4 March, 2020
IN THE COURT OF THE VII ADDL. C.M.M., BENGALURU.
Dated this the 4th day of March 2020
Present: Sri. Laxman R. Kurane, B.Com., LL.M.,
VII ADDL. C.M.M., Bengaluru.
JUDGMENT U/S. 355 OF Cr.P.C.:
1. CC NO. : 26200/2018
2. Date of offence : 19.6.2017
3. Complainant : State by Rajagopalanagara Police
Station
4. Accused : Suresha S/o Huchappa, 23 years,
R/at No. 331, 3rd cross, 3rd Main,
Thunga Clinic Road,
Rajagopalanagara,
Bangalore.
5. Offences complained of : Sec. 427, 452, 323, 354, 342 IPC
6. Plea : Accused pleaded not guilty
7. Final order : Acting U/s. 248 (1) Accused is
acquitted
The PSI of Rajagopalanagara Police Station has filed the final report
as against the accused person for the offences punishable under Sec. 427,
452, 323, 354, 342 IPC.
2
2. The brief facts of the case of the prosecution is that on 19.6.2017
at 4 p.m. accused trespassed into the house of C.W.1 Kumari Sangeetha at
5th cross, Duggalamma Layout, Laggere, Bangalore, wrongfully restrained
C.W.1, damaged the show-case and caused loss of Rs 5,000/-, assaulted her
with his hands on her cheek, dragged her and outraged her modesty and
and thereby committed the aforesaid offences.
3. The accused appeared through his counsel and was enlarged on
bail. Prosecution papers are furnished to the accused person in compliance
of 207 of Cr.P.C and after hearing before charge, since no grounds were
made out for his discharge, charges were framed, read over to the accused
person in the language known to him. The accused person having
understood the same, denied it to be false and claimed to be tried. As such,
the matter was set down for trial.
4. The prosecution in order to prove the guilt of the accused person
had cited C.W.1 to 10 as its charge sheet witnesses, among whom C.W.1
has been examined as P.W.1 and got marked Ex.P.1 and P.2. The accused
was not questioned under Sec. 313 of Cr.P.C. as there were no
3
incriminating material available in the case of the prosecution. As such,
the matter was posted for arguments.
5. Heard the learned Sr. APP for the prosecution and the learned
counsel for the accused person. Perused the materials available on record.
6. Following points arise for my consideration:
(1) Whether the prosecution proves beyond reasonable doubt that
the accused person has committed the offence punishable
under Sec. 427, 452, 323, 354, 342 IPC ?
(2) What order ?
7. Having regard to the arguments heard and the materials placed on
record, my answer to the above points are :
Point No.1 : In the negative.
Point No.2 : See final order, for the following :
REASONS
Point No.1 :
8. P.W.1 is the complainant. She has turned out hostile to the case of
the prosecution and stated that the accused has not come to her house, not
abused her in filthy language and damaged the show-case of her house and
also not assaulted her. In her cross-examination P.W.1 has stated that she
has compromised the matter with the accused person. Hence, the prayer of
Sr. APP for issuance of summons to other witnesses is rejected as it will be
4
of futile exercise in view of evidence of P.W.1. Hence, the prosecution
has failed to prove the guilt of the accused person beyond all reasonable
doubt. Accordingly, I answer the above point in the negative.
Point No. 2 :
9. In view of the reasons stated at point No.1, I proceed to pass the
following:
ORDER
Invoking the jurisdiction vested to this Court under Sec. 248(1) of the Criminal Procedure code, the accused is acquitted of the offences punishable U/s. 427, 452, 323, 354, 342 IPC.
Bail bond and surety bond executed by the accused and his surety shall be in force for the period of 6 months.
Properties seized under P.F. No. 122(A)/2017 shall be destroyed after Appeal period is over as they are valueless.
(Dictated to the Stenographer on-line, typed and computerized and print out taken by him is verified, corrected & then pronounced by me in the Open Court dated this the 4th day of March 2020) (LAXMAN R. KURANE), VII ACMM, BENGALURU.
5ANNEXURES:
List of witnesses examined on behalf of the Prosecution:
P.W.1 : Sangeetha List of documents marked on behalf of the Prosecution:
Ex.P.1 Complaint Ex.P.2 : Spot mahazar
List of Material Objects marked on behalf of the Prosecution:
Nil For defence: - NIL -
VII ACMM, BENGALURU.6
Judgment is pronounced in open court.
Invoking the jurisdiction vested to this Court under Sec. 248(1) of the Criminal Procedure code, the accused is acquitted of the offences punishable U/s. 427, 452, 323, 354, 342 IPC.
Bail bond and surety bond executed by the accused and his surety shall be in force for the period of 6 months.
Properties seized under P.F. No. 122(A)/2017 shall be destroyed after Appeal period is over as they are valueless.
VII ACMM, BENGALURU.
7 8