Bangalore District Court
The State By vs Shivakumar Hiremath on 31 October, 2019
IN THE COURT OF THE LXX ADDL. CITY CIVIL
& SESSIONS JUDGE & SPECIAL JUDGE, BENGALURU
CITY (CCH-71)
Dated this the 31 st day of October, 2019
:PRESENT:
SRI. MOHAN PRABHU
M.A., L.L.M.,
LXX Addl. City Civil & Sessions & Special Judge,
Bengaluru.
SPL.C.NO. 140/2019
COMPLAINANT: The State by
Mahalaxmi Layout Police Station,
BENGALURU
(By Special Public Prosecutor)
V/s
ACCUSED: Shivakumar Hiremath,
S/o Mallaiah,
27 years, R/at No. 366, 2nd Stage,
EWS 2nd Main, Basaveshwara Nagara,
Bengaluru.
(By Sri Jayaraj Gowda M.N., Advocate)
1.Date of commission of offence: 01.01.2015 to 16.4.2018
2. Date of report of occurrence : 16.04.2018
3. Date of commencement of : 24.09.2019 recording of evidence
4. Date of closing of evidence : 23.10.2019 2 Spl.C.NO. 140/2019
5. Name of the Complainant : Gangalakshmi
6. Offences Complained of : Sec. 376, 417, 420 of IPC. & Sec. 3(2)(v) of S.C. & S.T. (P.A.) Act.
7. Opinion of the Judge : Accused is Acquitted.
J UD GM E N T A charge sheet is submitted by the Assistant Commissioner of Police, Malleshwaram Sub-Division, Bangalore city against the accused for the offences punishable under Sections 417, 420, 376 of IPC, and u/s 3(2)
(v) of The Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act.
2. Based upon the first information lodged by C.W. 1 on 16.4.2018 at 10.30 a.m. Mahalaxmi Layout Police have registered the case in Crime No. 123/2018. After completion of investigation charge sheet is submitted directly before this exclusive Special Court. In crime stage, this case was pending before VIII ACMM, Bengaluru. After adding Section 3(2)(v) of The Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, the records transferred to this court. 3 Spl.C.NO. 140/2019
3. The case of the prosecution briefly stated as follows:
CW.1 belongs to Scheduled Caste. Accused belongs to Lingayatha community. CW.1 who was working in Garments was residing in House No.6/1, 4 th Cross, situated at Srikanteshwara Nagara, Mahalakshmi Layout, Bangalore.
The accused was residing in House No.366, 2 nd Stage, EWS 2nd Main, Basaveshwara Nagara. At about 3 years back, the accused and CW.1 got acquainted through face book and started to love each other. One day the accused came to the house of the CW.1 complainant in the absence of her sister and mother who had been to Tumkur. The accused who came to her committed sexual intercourse with her and promised her that he will marry her. Thereafter on 27.10.2017 the accused took her to Nelamangala Yathrik Lodge and had sexual intercourse in Room No.110.
Thereafter on 19.11.2017, accused took CW.1 to Pavithra Paradise Hotel situated at Basaveshwara Nagara and booked Room No.310 and had sexual intercourse with her for 2-3 times. That on 28.12.2017, the accused took her to Shoba Elite Hotel situated at Basaveshwara Nagara and booked 4 Spl.C.NO. 140/2019 Room No.103 and had sexual intercourse with her in the promise of marriage. It is further alleged that the accused refused to marry CW.1 and deceived her. Based on the first information statement lodged by CW.1 complainant, Mahalakshmi Layout Police registered the case in Crime No.123/2018 and the Investigation officer after collecting all the materials on completion of investigation has filed the charge sheet against the accused.
4. Accused released on bail. Charge sheet copies furnished to the accused and thereby the provision u/s 207 of Cr.P.C., is duly complied with.
5. On 30/05/2019 charge came to be framed for the offence punishable u/s 417, 420, 376, of Cr.PC and u/s 3(2)
(v) of The Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act for which accused pleaded not guilty and claimed for trial.
6. During the trial, the prosecution has examined 7 witnesses as P.W.1 to 7 and documents Ex.P.1 to Ex.P.16 are marked.
5 Spl.C.NO. 140/2019
7. On 23/10/2019 statement of accused as required u/s 313 of Cr.PC., is recorded. Accused has denied all the incriminating evidence. Accused has not lead any defence evidence.
8. I have heard the arguments of the learned Spl. PP and learned counsel for the accused.
9. Upon hearing the following points arise for my consideration :-
POINTS Point No.1:- Whether the prosecution has proved beyond all reasonable doubt that accused committed sexual assault on CW.1 in her house and thereafter committed sexual assault to CW.1 in Yanthrik Lodge Room No.110 on 27.10.2017, committed sexual assault on CW.1 on 19.11.2017 in Room No.310 of Pavithra Paradise Hotel committed sexual assault on 28.12.2017 in Shobha Elite Hotel situated at Basaveshwara Nagara by committing sexual intercourse with her in the promise of marriage and there by the accused committed the offence punishable u/s 376 of IPC?
Point No.2:- Whether the prosecution proves beyond all reasonable doubt that the accused in the promise of marriage sexually assaulted C.W. 1/PW.1 complainant and there after he refused to marry her and thereby 6 Spl.C.NO. 140/2019 accused deceived CW.1 and thereby committed the offence punishable u/s 417 and 420 of IPC?
Point No.3:- Whether the prosecution proves beyond all reasonable doubt that the accused who belongs to Lingayatha Caste knowing very well that CW-1 /PW.1 belongs to Schedule Caste committed sexual assault on CW.1/PW.1 and thereby the accused has committed the offence punishable u/s 3(2) (v) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocity) Act?
Point No.4:- What Order?
10. My findings on the above points are as follows:
Point No.1:- In the negative Point No.2:- In the negative Point No.3:- In the negative Point No.4:- As per final order for the following REASONS
11. POINTS No.1 to 3:- These points are taken up together for common discussion in order to avoid repetition of fact and evidence.
7 Spl.C.NO. 140/2019
12. PW.1 is the complainant and victim. PW.2 is the WHC who taken PW.1 to the hospital for medical examination. PW.3 Anil Kumar G., Head Constable apprehended the accused on 6.10.2018 and produced before Police Inspector. PW.4 Police Constable who taken the accused to M.S. Ramaiah Hospital for medical examination. PW.5 Lohith, Police Inspector who conducted further investigation and drawn the mahazars as per Ex.P4 to Ex.P6. PW.6 who was working as PSI of Mahalakshmi Layout Police Station registered the case based on Ex.P1 complaint and drawn Ex.P3 mahazar. PW.7 Prashanth, Police Inspector who conducted further investigation.
13. In this case PW.1 complainant has completely turned hostile to the case of the prosecution. PW.1 has deposed that she belongs to Scheduled Caste. She do not know the accused. She do not know the caste of the accused. She states that she has not lodged any complaint against accused. She states that the police took her signature on Ex.P1. She has deposed that the accused has not committed any offence against her. She was not seen the accused. The accused has not took her to 8 Spl.C.NO. 140/2019 any place. PW.1 has deposed that the accused has not committed sexual assault on her by committing sexual intercourse. She has deposed that she has given statement before the Magistrate as per Ex.P2 on the say of the police. She do not know the contents of Ex.P2. She has deposed that the police took her signatures on Ex.P3 to P6 panchanamas. She states that she do not know the contents of Ex.P3 to P6. PW.1 has deposed that police took her to the hospital and then the doctor examined her. She states that she has not given any statement before the police. She has deposed that the accused has not deceived her. The accused had not sexual intercourse with her. Having turned hostile to the case of the prosecution the learned Special Public Prosecutor cross- examined PW.1 in detail. During the course of her cross- examination, PW.1 has denied the entire contents of the document Ex.P1 complaint and the document Ex.P2 statement given u/s 164 of Cr.P.C. She has denied the entire contents of the document Ex.P3 to Ex.P6 mahazars. She has denied of giving any such statement before the police as per Ex.P7. She has admitted the suggestion that she compromised the case 9 Spl.C.NO. 140/2019 with the accused. She has denied the suggestion that by compromising the case with the case she has given false evidence. During the course of cross-examination by the defence, PW.1 has admitted the suggestion that she do not know the accused.
14. PW.2 Smt. Manjula, WHC has deposed that on 16.4.2018, she has taken PW.1 to K.C. General Hospital for medical examination.
15. PW.3. Anil Kumar G, Head Constable has deposed that on 6.10.2018 Police Inspector deputed him to trace out the accused, hence he apprehended the accused at Basaveshwara Nagara and produced the accused before the Police Inspector at 1 P.M.
16. PW.4 Abhay, Police Constable has deposed that on 6.10.2018 as per the order of Police Inspector he has taken the accused to the M.S. Ramaiah Hospital for medical examination.
17. PW.5 Lohith, Police Inspector has deposed that on 16.4.2018 he took up the case file from CW.23. On 17.4.2018 he has conducted the Ex.P4 mahazar in Pavithra Paradise Lodge and on the same day he has conducted Ex.P5 mahazar 10 Spl.C.NO. 140/2019 in Shobha Elite Lodge in Room No.103 in the presence of panchas as the place of incident was shown by the complainant. He has deposed that he has collected Ex.P7 and Ex.P8 Ledger Extract in the said lodge. She states that 18.4.2018 he has conducted Ex.P6 panchanama in Nelamangala Kunigal Road Yathrik Comfort in Room No.110 in the presence of panchas as the place of incident was shown by complainant and also collected Ex.P9 Ledger Extract and Ex.P10 copy of Driving Licence. On 16.4.2018 he has received Ex.P11 Medical Report from K.C. General Hospital. During the course of his cross-examination by the learned counsel for the accused, PW.5 has denied all the suggestions made to him.
18. PW.6 Venkataramanappa B.T., PSI has deposed that on 16.4.2018 on the basis of Ex.P1 complaint lodged by the complainant he registered the case in Crime No.123/2018 and sent Ex.P12 FIR to the court. On the same day he visited to the house of the complainant and conducted Ex.P3 Panchanama. During the course of his cross-examination by the defence, he has denied all the suggestions made to him. 11 Spl.C.NO. 140/2019
19. PW.7 Prashanth, Police Inspector has deposed that on 4.10.2018 he has took the case file from Police Inspector Lohith. On 6.10.2018 he has recorded the statements of witnesses Mallikarjuna, Chandan, Vinay, Somesh, Prasad, Abhay, Basavanna, Shivaraj Madar, Mylarappa, Anil Kumar. He states that on the same day accused was produced before him at 1 PM through HC NO.76 and PC NO. 15635. Hence he arrested the accused and recorded the voluntary statement and thereafter sent to the hospital for medical examination. On 27.11.2018 he has collected Ex.P13 report of the Tahasildar regarding the caste of PW.1 complainant and accused. He has handed over the case file to the ACP for further investigation. In his cross-examination by the defence PW.7 has denied all the suggestions made to him.
20. In this case, PW.1 is the important witness. PW.1 complainant and victim has completely turned hostile to the case of the prosecution by stating that she do not know the accused. The accused has not committed sexual assault on her. The accused not had sexual intercourse with her. PW.1 has deposed that the accused has not deceived her. Even 12 Spl.C.NO. 140/2019 though the learned Special Public Prosecutor cross-examined in detail nothing is elicited from her mouth to support the case of the prosecution. No doubt, PW.1 has admitted the suggestion that she has compromised the case with the accused. However, there is no cogent evidence to show that the accused has committed the offences punishable u/s 376, 417, 420 of IPC and u/s 3(2)(v) of The Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act. PW.1 is major. PW.1 has not deposed anything against the accused. The oral evidence of PW.2 to 7 who are all official witnesses formal in nature and they have deposed regarding the steps taken during the course of investigation. PW.2 to PW.7 are not the eye witnesses. There is no iota of evidence on the side of the prosecution to show that the accused has committed the offences u/s 376, 417, 420 of IPC and 3(2)(v) of The Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act. Thus, on overall assessment and appreciation of evidence on record it cannot be said that the prosecution has proved beyond all reasonable doubt that the accused is guilty of the charges framed against him. Under such circumstances, the accused 13 Spl.C.NO. 140/2019 is entitled for an order of acquittal for the charges levelled against him. Mere marking of documents at Ex.P1 to P16 is not sufficient to hold that accused has committed the offence. The prosecution has failed to prove the case against the accused beyond all reasonable doubt. Hence, I answered point No.1 to 3 in the negative
21. Point No.4:- In view of my findings on points No.1 to 3 and for the foregoing reasons and discussions, I proceeds to pass the following:-
O R DE R Acting under Section 235(1) of Cr.P.C., the Accused Shivakumar Hiremath is hereby acquitted of the offences punishable under Sec. 376, 417, 420 of IPC and u/s 3(2)(v) of The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
The bail bond of the accused and his surety bond stands cancelled. However the bond executed in compliance of Sec.437A of Cr.P.C., shall be in force till statutory period.14 Spl.C.NO. 140/2019
(Dictated to the Judgment Writer directly on the computer, corrected, signed and then pronounced by me in open Court on this the 31st day of October, 2019.) (MOHAN PRABHU) LXX Addl. City Civil & Sessions Judge & Special Judge, Bangalore.
A N NE X U R E
1.WITNESSES EXAMINED FOR THE PROSECUTION:
PW.1 : Gangalaxmi
PW.2 : Manjula
PW.3 : Anil Kumar G
PW.4 : Abhay
PW.5 : Lohith
PW.6 : Venkataramanappa B.T.
PW.7 : Prashanth
2. DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P1 : Complaint
Ex.P1(a) : Signature of PW.1
Ex.P1(b) : Signature of PW.6
Ex.P2 : Statement given by CW.1 before
Magistrate
Ex.P2(a) : Signature of PW.1
Ex.P3 : Panchanama
Ex.P3(a) : Signature of PW.1
Ex.P3(b) : Signature of PW.6
Ex.P4 : Out Patient Card
Ex.P4(a) : Signature of PW.1
Ex.P5 : Panchanama
Ex.P5(a) : Signature of PW.1
Ex.P5(b) : Signature of PW.5
Ex.P6 : Panchanama
Ex.P6(a) : Signatures of PW.3
Ex.P6(b) : Signature of PW.5
15 Spl.C.NO. 140/2019
Ex.P7 : Ledger of Pavithra Residency
Ex.P7(a) : Signature of PW.5
Ex.P7(b) : Signature of PW.
Ex.P8 : Shobha Elite Ledger
Ex.P8(a) : Signature of PW.5
Ex.P9 : Ledger of Yathri Comfort
Ex.P9(a) : Signature of PW.5
Ex.P10 : Copy of Driving Licence of accused
Ex.P10(a) : Signature of PW.5
Ex.P11 : Medical Report
Ex.P11(a) : Signature of PW.5
Ex.P12 : FIR
Ex.P12(a) : Signature of PW.6
Ex.P13 : Report of Tahasildar
Ex.P13(a) : Signatures of PW.7
Ex.P14 : Report of Tahasildar
Ex.P14(a) : Signature of PW.7
Ex.P15 : Requisition of PW.7 to court
Ex.P15(a) : Signature of PW.7
Ex.P16 : Medical Report of accused
Ex.P16(a) : Signature of PW.7
3. WITNESSES EXAMINED FOR THE DEFENCE:
Nil
4. DOCUMENTS MARKED FOR THE DEFENCE:
Nil
5. LIST OF MATERIAL OBJECTS:
Nil (MOHAN PRABHU) LXX Addl. City Civil & Sessions Judge & Special Judge, Bangalore.16 Spl.C.NO. 140/2019
Judgment pronounced in the open court vide separate judgment.
O R DE R Acting under Section 235(1) of Cr.P.C., the Accused Shivakumar Hiremath is hereby acquitted of the offences punishable under Sec. 376, 417, 420 of IPC and u/s 3(2)(v) of The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
The bail bond of the accused and his surety bond stands cancelled. However the bond executed in compliance of Sec.437A of Cr.P.C., shall be in force till statutory period.
(MOHAN PRABHU) LXX Addl. City Civil & Sessions Judge & Special Judge, Bangalore.