Bangalore District Court
State By Police Sub Inspector vs Mujamil Ahamed on 1 April, 2022
C.C.1504 of 2021
IN THE COURT OF XXXII ADDL. CHIEF METROPOLITAN
MAGISTRATE, BENGALURU.
PRESENT: SRI.PADMAKAR VANAKUDRE
B.A. LL.B.,
DATED THIS THE 1st DAY OF APRIL 2022
C.C. NO.1504/2021
Complainant State by Police Sub Inspector,
R.T.Nagar Police station
-Vs-
Accused Mujamil Ahamed,
S/o.Shakeel,
Aged about 29 years,
R/o.Near Sagar Tea Bakery,
Khaleel Ulla Masjid Landmark,
3rd cross, Dinnur, R.T.Nagar,
Bengaluru.
The date of In between 17.01.2019
commission of the and 12.01.2020
offence :
Name of the Smt.Sartaj
informant of crime :
The offences U/secs.506, 323 and
complained of: 324 of IPC
Date of arrest of Accused is on court bail
accused:
Date of release of 05.06.2020
accused :
C.C.1504 of 2021
Commencement of
recording
29.03.2022
prosecution
evidence:
Closure of recording 29.03.2022
evidence:
State represented Sr.Asst.Public Prosecutor
by :
Accused are Sri.Anees Ali Khan
represented by: ...Adv..,
Plea of the accused
and their Pleaded not guilty
examination :
Final Order : Acquittal
JUDGMENT
(U/S 355 Cr.P.C) Police Sub Inspector of R.T.Nagar police station has filed charge sheet against the accused, for the offences punishable under Section 323, 324 and 506 of IPC.
2. The case of prosecution is as under;
That the accused is the husband of C.W.1. After the marriage the accused used to assault C.W.1 with hands, belt and machete. Hence C.W.1 had taken divorce from the accused. Thereafter when C.W.1 had been to the house of the accused to see her daughter, the accused has assaulted C.C.1504 of 2021 her and gave her life threat and thereby committed the offences punishable under Section 323, 324 and 506 of IPC.
On these allegations C.W.1 lodged First information statement before R.T.Nagar Police.
3. On the basis of the first information statement the police have registered the crime in R.T.Nagar Police station Cr.No.11/2020 for the offences punishable U/Sec.323, 324 and 506 of IPC. Thereafter the I.O/C.W.9 has conducted investigation and filed charge sheet against the accused for the offences punishable under Section 323, 324 and 506 of IPC.
4. The accused was arrested and enlarged on bail. The provisions of Section 207 of Cr.P.C are complied with. The charge is framed and read over to the accused. The accused has not pleaded guilty and claimed to be tried. Hence the matter has been posted for recording evidence on behalf of prosecution.
5. On behalf of prosecution, evidence of P.W.1 is adduced and Ex.P.1 and 2 documents are got marked.
C.C.1504 of 2021
6. Since there is no incriminating circumstances found in the evidence against the accused, examination of the accused under Section 313(1)(b) Cr.PC is dispensed with. No defense evidence adduced and no documents got marked on behalf of accused.
7. I have heard the arguments from both side.
8. The following point that arise for my consideration is:
"Whether the prosecution proves the alleged guilt of the accused, beyond all reasonable doubts?"
My finding on the above point is in the Negative for the following:
REA S ON S
9. Point No.1 : It is allegation that the accused has committed the offences punishable under Section 323, 324 and 506 of IPC. In order to prove its case, prosecution has got examined informant of crime/C.W.1 by name Sartaj as P.W.1.
10. P.W.1 has deposed that she knows C.W.4 and 5 and the accused is her husband. She further deposed that C.C.1504 of 2021 the accused has not quarreled with her at any time and did not assault her and did not criminally intimidate to her life.
She further deposed that she has lodged complaint against the accused and she signed on the blank paper given by the police and police have not drawn mahazar in her presence. Further she has also deposed that she does not know the contents of Ex.P.1-Complaint and Ex.P.2- Mahazar.
11. The P.W.1 being the prime witness turned fully hostile to the case of prosecution. In the lengthy cross examination of PW.1 made by learned Sr.A.P.P, nothing worth has been elicited from her mouth to support the case of the prosecution.
Under the circumstance, this court with an opinion that no purpose would be served by examining other witnesses, dropped the examination of other witnesses as not required, by rejecting prayer of Learned Sr.A.PP. for issue of process.
C.C.1504 of 2021
12. Under these circumstances, the charges leveled against accused remains unproved. As such the prosecution has failed to prove its case against the accused with cogent, convincing and corroborative evidence. For the reasons discussed above, this court comes to the conclusion that the prosecution failed to prove the guilt of the accused. Accordingly I answer point No.1 in the Negative and I proceed to pass the following....
ORDER Acting U/Sec.248(1) of Cr.P.C., I hereby acquit the accused for the offences punishable U/secs. 323, 324 and 506 of IPC.
Accused is set at liberty forthwith and the bail bonds of accused and that of surety, stands cancelled.
(Typed to my online dictation by the Stenographer, corrected and then pronounced by me in the open court this the 1st day of April, 2022) (PADMAKAR VANAKUDRE) C/c.XXXII Addl.C.M.M. Bengaluru.
C.C.1504 of 2021 :ANNEXURE:
1.List of Witnesses examined on behalf of the prosecution:
P.W.1: Sartaj
2.List of Documents marked on behalf of the prosecution:-
Ex.P.1- Complaint, Ex.P.1(a)-signature Ex.P.2- Mahazar Ex.P.2(a) - signature 3:- List of witnesses and documents marked on behalf of the accused: Nil 4:- List of Material objects marked on behalf of the prosecution: Nil (PADMAKAR VANAKUDRE) C/c.XXXII Addl.C.M.M. Bengaluru.
C.C.1504 of 2021 Order pronounced in the open court ( vide separate judgment) ORDER Acting U/Sec.248(1) of Cr.P.C., I hereby acquit the accused for the offences punishable U/secs. 323, 324 and 506 of IPC.
Accused is set at liberty forthwith and the bail bonds of accused and that of surety, stands cancelled.
(PADMAKAR VANAKUDRE) C/c.XXXII Addl.C.M.M. Bengaluru. C.C.1504 of 2021