Bangalore District Court
State By vs Jakeer Hussain S/O.Althapullah on 6 October, 2016
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 6th day of October 2016
PRESENT: Sri.NAGESH MURTHY.B.K
B.A., LL.M.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.52866/2013
Complainant - State by, Police Sub Inspector
B.P.Halli Police Station
/vs/
Accused 1. Jakeer Hussain S/o.Althapullah, 20 yrs.
No.29/1, Nanje Gowda Street, Mavalli,
Bengaluru.
2. Ejaj Ahmed S/o.late Basha, 27 yrs.
No.22/2, I Floor, I Main, Lakksandra,
Bengaluru.
3. Musheer Pasha S/o.Dastagir Sab, 22
yrs. No.13, I Cross, Vinayakanagar,
Bengaluru.
JUDGMENT
1. The P.S.I of B.P.Halli police station have filed this chargesheet against the accused Nos.1 to 3 for the offence punishable u/S.380 of IPC.
2. It is alleged by the prosecution that on 25/7/2012 at about 6.30 AM at No.211/5, 3rd Floor, Ranganathaswamy complex, Bengaluru, 2 CC No.52866/2013 the accused Nos.1 to 3 committed theft of Laptops from the house of CW.1 and thereby committed the alleged offence.
3. On the basis of the complaint filed by complainant, a case was registered in B.P.halli P.S., Cr.No.179/2012 and FIR was submitted to the court. Panchanama of scene of offence was conducted in presence of panchas. Statement of witnesses were recorded. On completion of investigation chargesheet has been filed against the accused for the alleged offence.
4. Cognizance of offences was taken and summons was issued to the accused persons. Accused Nos.1 to 3 have appeared before the court through their counsel and have been released on bail. Copies of chargesheet were furnished to accused u/S.207 of Cr.P.C. After hearing, charge were framed against the accused for the alleged offence and accused have pleaded not guilty and claimed to be tried.
5. The prosecution in support of its case has examined 1 witness as PW.1 and got marked 4 documents as Exs.P1 to P4. Statements of accused u/S.313 of Cr.P.C. were recorded and the accused have denied the circumstances incriminating them in the evidence.
6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused and perused the records. 3 CC No.52866/2013
7. The points for consideration is:
1. Whether the prosecution proves beyond doubt that on 25/7/2012 at about 6.30 AM at No.211/5, 3rd Floor, Ranganathaswamy complex, Bengaluru, the accused Nos.1 to 3 committed theft of Laptops from the house of CW.1 and thereby committed the alleged offences?
2. What order?
8. My answer on the above points:
Point No.1 - Negative, Point No.2 - As per final order, for the following;
REASONS
9. POINT NO.1:
The prosecution in support of its case has examined one witness. PW.1 Harikrishna is the complainant. In his evidence deposed that in the year 2012 there was theft of his Laptop and he has given complaint to the police and thereafter police came to the scene of offence and prepared mahazar in his presence and in the month of April 2012 the police have informed him about recovery of Laptop and then he got released his Laptop by executing bond and in the police station police have showed the accused. 4 CC No.52866/2013
10. In this case except the complainant, inspite of issuance of summons, witness warrant and proclamation against other chargesheet witnesses and even the I.O. could not be secured by the prosecution. The evidence of the complainant is not supported by other chargesheet witnesses and by witness to the seizure Panchanama of stolen property. Thus doubt arises as to the case of the prosecution and the benefit of doubt has to be given to the accused. Hence, I hold that prosecution failed to prove the guilt of the accused beyond all reasonable doubt. Accordingly, I answer Point No.1 in the Negative.
11. POINT NO.2:
For the afore said reasons, I pass the following;
ORDER U/s 248(1) of Cr.P.C. the accused Nos. 1 to 3 are acquitted of the alleged offence punishable u/s 380 of IPC. Bail bond of accused stands cancelled and he is set at liberty. (Dictated to the Steno, transcribed by him, same was corrected by me and then pronounced in open court on this the 6th day of October 2016).
(NAGESH MURTHY.B.K) X A.C.M.M., BENGALURU 5 CC No.52866/2013 ANNEXURE LIST OF WITNESSES EXAMINED Prosecution Defence PW.1 Harikrishna Nil Exhibits Marked Ex.P1 Complaint.
Ex.P1(a)Signature of PW.1.
Ex.P2 Mahazar.
Ex.P2(a)Signature of PW.1.
Ex.P3 Photo Ex.P4 Bond.
Ex.P4(a)Signature of PW.1.
Material Objects got marked
-Nil-
X A.C.M.M., Bengaluru.
6 CC No.52866/2013