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Bangalore District Court

State By Jp Nagar Police Station vs Manu B.S on 8 February, 2016

                                  1                      CC.No.18912/2012




IN THE COURT OF THE 44TH ADDL.CHIEF METROPOLITAN
             MAGISTRATE, BENGALURU

              Dated: 8th Day of Monday 2016

                     Presented By
               Smt. Mala N.D., B.A.L., LL.B.,
                 44th ACMM, Bengaluru

                     C.C.No.25846/2015

Complainant      :    State by JP Nagar Police station

                                  (By Asst.Public Prosecutor)


                            -V/s-

Accused          :    Manu B.S
                      S/o. V.Srinivasa Murthy, 24 years,
                      R/o.No.07, 1st Floor, M.R.Layout,
                      Near Railway Bridge Ane, Bangalore.


                                  (By Sri.M.M. Advocate)


                        JUDGMENT

The PSI of JP Nagar Police Station has filed charge sheet against the accused for the offences punishable U/s.354,323 and 506 of IPC.

2. The brief facts of the prosecution case are as follows:

It is alleged that, on 9/9/2015 at about 12-30 p.m. within in the limits of JP Nagar Police Station, in Wiztoonz Academy of Media and Design College, the accused being the IX Semester's Multi Media Student picked up quarrel with his classmate Cw.1 Gayathri, when she pleaded her ignorance about photo shoot, pulled her right hand, slapped her left cheek with his hand and also threatened her with dire consequences when she shouted out of pain. Therefore, Cw.1 has lodged complaint before the Cw.8 .

3.Based on the said complaint, this case came to be registered, Cw.9 took up the investigation, visited the place of incident, drawn spot mahazar, recorded the statement of witnesses, obtained wound certificate of Cw.1 from the concerned Medical Officer and after completion of investigation filed charge sheet against the accused for the aforesaid offences.

4.The accused is on bail and is represented through his counsel.

5.The cognizance of the offences punishable U/sec.354, 323 and 506 of IPC has been taken as per Sec.190 of Cr.P.C. The 3 CC.No.18912/2012 prosecution papers have been furnished to the accused as contemplated under sec.207 of Cr.P.C. The charge is framed, contents of charge have been readover and explained to the accused in the language known to him, he pleaded not guilty and claimed to be tried. Hence, the prosecution is called upon to prove its case.

6.The prosecution, in order to prove its case has examined the complainant of this case as Pw.1 and got marked Ex.P1 and P2. At this stage, it is noticed that the complainant and accused being the classmates in the college have compromised the matter among themselves and are living harmoniously. Therefore, in order to promote harmonious relationship among themselves evidence of other witnesses has been dropped as not required, as such, recording of accused statement U/s.313 of Cr.P.C has been dispensed with and posted for arguments.

7.Heard both the side and perused the material evidence on record.

8.The following points would arise for my consideration:

1. Whether the prosecution proves beyond reasonable doubt that, on 9/9/2015, within the limits of 4 CC.No.18912/2012 JP Nagar Police Station, in Wiztoonz Academy of Media and Design College, accused being the IX semester student and classmate of Cw.1 picked up quarrel with her and pulled her right hand with an intent to outrage her modesty and thereby committed an offence punishable U/s.354 of IPC?

2. Whether the prosecution proves beyond reasonable doubt that, aforesaid date, time and place accused being the classmate of Cw.1, picked up quarrel with her in connection with the matter of photo shoot and slapped on her left cheek by his hand, caused simple injury and thereby committed an offence punishable U/s.323 of IPC?

3. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time and place, accused being the classmate of Cw.1, threatened her with dire consequences, when she shouted out of pain after a slap on her left cheek by the accused and 5 CC.No.18912/2012 thereby committed an offence punishable U/s.506 of IPC?

4. What Order?

9.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

10.Points No.1:      In this case, the prosecution in order to prove its

case has cited as many as 9 witnesses and examined only one witness i.e. complainant as Pw-1. In this case accused is alleged of outraging the modesty of Cw.1 and also causing simple hurt with dire consequences. It is to be observed that, complainant and accused were classmates in IX semester at Wiztoonz Academy of Media and Design College.

During the course of trial, the complainant has completely turned hostile and has not deposed anything against the accused. 6 CC.No.18912/2012 Later it is brought to the Court notice that, complainant and accused being the classmates have compromised the matter among themselves. Therefore, in order to promote harmonious relationship, the evidence of other witnesses has been dropped as not required. Under the circumstances the prosecution has failed to prove the charges levelled against the accused with cogent, convincing and corroborative evidence. Therefore, above points No.1 to 3 are answered in the Negative.

11.Point No.4: In view of the negative findings on the above points No.1 to 3, proceeded to pass the following Order Acting U/s.248(1) of Cr.P.C., the accused is found not guilty and acquitted of the offences punishable U/s.354, 323 and 506 of IPC.

The bail & bail bond of the accused shall stands cancelled. (Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the Monday the 8th day of February 2016).

(Mala N.D) XLIV Addl.C.M.M., B'lore.

ANNEXURE

1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION PW-1: Gayathri

2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P. 1 : Complaint Ex.P.1(a) : Signature of PW-1 Ex.P. 2 : Mahazar Ex.P.2(a) : Signature of PW-1

3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE NIL

4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (Mala N.D) XLIV Addl.C.M.M., B'lore.

Judgment pronounced in open court vide separate order:-

ORDER Acting U/s.248(1) of Cr.P.C., the accused is found not guilty and acquitted of the offences punishable U/s.354, 323 and 506 of IPC.

      The bail     & bail bond of the accused
shall stands cancelled.


                        (Mala N.D)
                    XLIV Addl.C.M.M., B'lore.