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Bangalore District Court

State By Peenya Police Station vs Diwakar.R.C on 27 September, 2018

IN THE COURT OF THE XLV ADDL. C.M.M.,
             BENGALURU.

 Dated this the 27th day of September 2018

                       :Present:
           Sri. Chandrashekara. P.S
          XLV A.C.M.M., BENGALURU.

                 C.C. NO:897/14

    Complainant :            State by Peenya Police Station

                       V/s

    Accused :                Diwakar.R.C, s/o.Chennaveeraiah,
                             28 yrs, R/at.Ramalingapura village,
                             Bukkapatna hobli, Shira taluk,
                             Tumkur.



                 JUDGMENT

The PSI of Peenya Police Station has submitted the charge sheet against the accused for the offence punishable u/s.447 of IPC and sec.3 and 7 of Official Secrets Act 1923.

2. The case of the prosecution in brief is as under:

That on 9/7/13 at 4 pm., accused has committed criminal trespass by entering into the Airforce station Chimni hills within the jurisdiction of Peenya Police Station where the public are restricted from entering and thereby committed an offence punishable u/s. 447 of IPC and sec.3 and 7 of Official Secrets Act 1923.

3. Thereafter, CW 1 has lodged the complaint to the Peenya police and police have registered the case in Cr.No.443/13 against the accused for the offence punishable u/s. 447 of IPC and sec.3 and 7 of Official Secrets Act 1923 and submitted the FIR to the court. That after completion of investigation, the PSI of Peenya Police Station has submitted the charge sheet against the accused for the above said offence. On the basis of the charge sheet, cognizance for the above said offence is taken and secured the presence of accused and furnished the copy of the charge sheet and other prosecution papers to the accused as contemplated u/s.207 of Cr.P.C.,

4. After hearing, the charges are framed and contents of the charges are read over to the 3 CC.No.897/14 accused in the language known to him. He pleaded not guilty and claims to be tried. Hence, prosecution was called upon to prove the guilt of the accused beyond all reasonable doubt.

5. In the instant case, though sufficient time has been provided, prosecution has not secured the presence of witnesses cited in the charge sheet to prove the guilt of the accused. This case is of the year 2014, hence, the witnesses who are cited in the charge sheet as CW 1 to 9 are dropped from tendering evidence as prosecution did not secure the presence of witnesses inspite of providing sufficient opportunity. When prosecution did not examine any of the witnesses cited at the charge sheet, I feel there is no evidence on record to prove the guilt of the accused. When prosecution did not examine any of the witnesses cited at charge sheet, I feel there is no incriminating evidence appeared against the accused, hence, the statement of accused u/s.313 of Cr.P.C., was dispensed with.

6. Heard the arguments of the learned counsel appearing for accused and Learned APP.

7. Having heard and perused the records the following points that would arise for my consideration:

1) Whether the prosecution proves beyond all reasonable doubt that on 9/7/13 at 4 pm., accused has committed criminal trespass by entering into the Airforce station Chimni hills within the jurisdiction of Peenya Police Station where the public are restricted from entering and thereby committed an offence punishable u/s. 447 of IPC and sec.3 and 7 of Official Secrets Act 1923 ?

2) What order ?

8. My answer to the above said points are as follows :

Point No.1 : In the Negative Point No.2: As per final order for the following:

REASONS

9. Point No.1 : As I said supra, though sufficient time has been provided, prosecution did not examine any of the witnesses cited at the charge sheet to prove the guilt of the accused. When prosecution has not examined any of the witnesses cited at charge sheet, it can be said 5 CC.No.897/14 that there is no evidence on record to come to a conclusion that the accused has committed the offence as alleged by the prosecution. It is the story of the prosecution that accused committed criminal trespass by entering into the Airforce station Chimni hills within the jurisdiction of Peenya Police Station where the public are restricted from entering. But in order to prove such fact, prosecution neither examined any of the witnesses cited at the charge sheet nor produced any documents. In the absence of cogent, oral and as well as documentary evidence, this court cannot come to the conclusion that accused have committed an offence as alleged by the prosecution. When there is no evidence on record to prove the guilt of the accused, I feel the prosecution has utterly failed to prove the guilt of the accused beyond all reasonable doubt. In view of this, I answered this point in the Negative.

10. Point No.2: In view of the findings given on the above said point and reasons thereon, I proceed to pass the following:

ORDER Acting under Section-248(1) of Cr.P.C., Accused is ACQUITTED for the offences punishable U/sec.447 of IPC and sec.3 and 7 of Official Secrets Act 1923.

His bail bonds stand cancelled. (Dictated to the stenographer, transcribed, computerized & print out taken by her, and after correction, pronounced by me in the open court this the 27th day of September 2018) (Chandrashekar.P.S) XLV Addl.C.M.M. Bengaluru.

Annexure:

1.List of witnesses and documents marked on behalf of the Prosecution : NIL -

2.List of witnesses and documents marked on behalf of the Defence: NIL -

XLV Addl. C. M. M. Bangalore.