Bangalore District Court
Madivala Police Station vs Pramode Kumar on 22 April, 2024
1
KABC030133022024
IN THE COURT OF XXXIX ADDL.CMM, BENGALURU
PRESENT : Sri. Vijeth. V., B.A.L., LL.B.,
39th A.C.M.M., Bengaluru.
CRIMINAL CASE NO: 7226/2024
DATED THIS THE 22ND DAY OF APRIL 2024
BETWEEN :
COMPLAINANT :
The State by,
Madivala Police Station
(By learned APP)
ACCUSED : Pramode Kumar,
S/o Ram Pravesh Sahani,
Aged about 21 years,
R/at C/O Garemuniswamy Rent House,
11th Cross, Maruthi Nagara, Madivala,
Bengaluru.
[Rep. by Sri. Shivappa .S and Other
Advocates]
1. Date of offence : 17.12.2023
2. Date of report : 18.12.2023
3. Name of the complainant : Anjali Kawaan
4. Date of recording evidence : 19.04.2024
5. Date of closure of evidence : 19.04.2024
2 C.C.7226/2024
6. Offence alleged : U/Sec.354C of IPC
7. Opinion of the judge : Acquittal
(Vijeth .V)
XXXIX ACMM, Bengaluru.
: JUDGMENT :
The PSI, Madivala Police Station has submitted the present charge sheet against the accused for the offence punishable U/Sec.354C of IPC
2. The brief facts of the prosecution case is as follows:
That on 17.12.2023 when Cw1 was taking her both in a P.G. by name P.G. For Ladies, No.5, 4 th Cross, Hosur Main Road, Opposite to Krishna Grand Hotel, Madivala, Bangalore at 06.30 pm, the accused viewed her from a window and he tried to touch her with his hands from the window, as such he has outraged the modesty of Cw1. Hence, Cw1 lodged a complaint as per Ex.P.1.
3. A Case is registered in Madivala Police Station as Crime No.525/2023 for the offence punishable under Section 354C of IPC After completion of investigation charge sheet has 3 C.C.7226/2024 been filed against the accused for the above said offence and this court has taken cognizance for the above said offence.
4. The accused appeared through his counsel and he has been enlarged on bail. Prosecution papers were furnished to accused as required under Section 207 of Criminal Procedure Code. Heard both sides, charge has been framed against accused read over and explained the contents to accused in the language known to him, wherein the accused pleaded not guilty and claims to be tried.
5. In order to prove the case of the prosecution, it has examined CW-1 as PW-1 and got marked Ex.P-1 and Ex.P.2 documents. After completion of prosecution evidence, statement of accused as required under section 313 of Criminal Procedure Code is dispensed as no incriminating evidence appeared against accused.
6. Heard arguments and perused the material on record.
7. The following points that arise for my consideration;
1. Whether the prosecution proves beyond all reasonable doubts that, on 17.12.2023 when Cw1 was taking her both in a P.G. by name P.G. For Ladies, No.5, 4 th Cross, Hosur Main Road, Opposite to Krishna Grand Hotel, 4 C.C.7226/2024 Madivala, Bangalore at 06.30 pm, the accused viewed her from a window and he tried to touch her with his hands from the window, as such he has outraged the modesty of Cw1, as such the accused has committed offence punishable under Section 354C of IPC?
2. What order?
8. My answer to the above points are as follows:
Point No.1 : In the Negative, Point No.2 : As per the final Order.
For the following, REASONS
9. Point No.1 : It is the case of the prosecution that, on 17.12.2023 when Cw1 was taking her both in a P.G. by name P.G. For Ladies, No.5, 4th Cross, Hosur Main Road, Opposite to Krishna Grand Hotel, Madivala, Bangalore at 06.30 pm, the accused viewed her from a window and he tried to touch her with his hands from the window, as such he has outraged the modesty of Cw1.
10. According to the prosecution PW-1 is the complainant / victim. The prosecution has produced and got marked Ex.P.1 complaint, Ex.P.2 crime detail form. 5 C.C.7226/2024
11. In support of the case of prosecution, it has examined Cw1 / Anjali Kawaan examined as PW-1, who deposed before the court that she knows the accused. As there was a oral quarrel took place between herself and accused one year back, as such she has lodged complaint against accused due to anger. The accused has not outraged her modesty nor tried to touch her. She has put her signature to Ex.P.1 complaint which was prepared by the police. She do not know the contents of Ex.P.1. She has put her signature to Ex.P.2 at the police station at the request of the police. No panchanama was conducted in her presence. She do not know the contents of Ex.P.2. She has not give any statement to the police.
Even though the PW-1 is treated as hostile and permitted the prosecution to cross examine the witness, nothing worth has been elicited from the mouth of said witness.
12. The prosecution has examined 01 witness out of its list of 05 witnesses. As the complainant / victim turned hostile as such remaining witnesses were dropped. According to prosecution PW-1 is the complainant/victim deposed before the court that she knows the accused. As there was a oral quarrel took place between herself and accused one year back, as such she has lodged complaint against accused due to anger. The 6 C.C.7226/2024 accused has not outraged her modesty nor tried to touch her. She has put her signature to Ex.P.1 complaint which was prepared by the police. She do not know the contents of Ex.P.1. She has put her signature to Ex.P.2 at the police station at the request of the police. No panchanama was conducted in her presence. She do not know the contents of Ex.P.2. She has not give any statement to the police. Even though the witness PW-1 was treated as hostile and permitted the prosecution to cross examine the witness nothing worth has been elicited. As the material witness has not whispered a single word against the accused, as such the prosecution failed to prove the guilt of the accused beyond all reasonable doubt. Hence, I answer point No.1 in the Negative.
13. Point No.2: In view of my findings on Point No.1 in the Negative, I proceed to pass the following:
:ORDER:
Acting under Section 248(1) of Cr.P.C accused is hereby acquitted for the offence punishable under Section 354C of IPC 7 C.C.7226/2024 His bail bond and surety bond stand cancelled.
(Dictated to the Stenographer directly to the computer, typed by her, corrected and then pronounced by me in the open Court on this 22ND APRIL 2024 ).
(Vijeth .V) XXXIX ACMM, Bengaluru.
ANNEXURE Number of witnesses examined for Prosecution:
PW-1 : Anjali Kawaan Number of witnesses examined on behalf of accused:
Nil List of documents exhibited for the Prosecution:
Ex.P-1 : Complaint
Ex.P-2 : Crime detail form
For Defence :
Nil
Material objects Marked:
Nil
VIJETH Digitally signed
by VIJETH V
V Date: 2024.04.23
11:00:42 +0530
(Vijeth .V)
XXXIX ACMM, BENGALURU.
8 C.C.7226/2024