Bangalore District Court
State By J.P. Nagar Police Station vs Prajwal.A.N on 23 September, 2017
IN THE COURT OF THE 44TH ADDL.CHIEF METROPOLITAN
MAGISTRATE, BENGALURU
Dated: This the 23rd day of SEPTEMBER 2017
:Present:
Smt. Mala N.D., B.A.L., LL.B.,
44th ACMM, Bengaluru
C.C.No.26448/2015
Complainant : State by J.P. Nagar Police station
(By Asst. Public Prosecutor)
-V/s-
Accused : Prajwal.A.N.
S/o Nagaraju.A.M.
Aged about 21 years,
R/at No.304, 3rd Floor,
Rathna Deepika Lake View
Apartments, Near Om Shakthi Temple,
Yelachenahalli, Bengaluru.
JUDGMENT
The PSI of J.P. Nagar Police Station has filed charge sheet against the accused for the offences punishable U/s.420 and 380 of IPC.
2 C.C.No.26448/2015
2. The brief facts of the prosecution case are as follows:
It is alleged that, on 12/06/2015, at about 3 p.m. in the afternoon, C.W. 1 Sahana.S.N went to Central Mall, situated at 46th Cross, 9th Block, Jayanagar, J.P. Nagar, within the limits of J.P. Nagar Police Station, at that time, accused approached C.W. 1 Sahana.S.N. requesting her to give her mobile as he need to make an urgent call to his friend. Believing his words, C.W. 1 gave her Samsung Galaxy Grand along with 16 GB memory card to accused, thereafter accused under the pretext of talking with his friend, with a fraudulent intention of cheating in order to make unlawful gain, committed theft of her mobile and escaped from the said spot. Therefore, C.W.1 has lodged complaint before the jurisdictional police. As such, this case came to be registered against accused. During the course of investigation, I.O. visited the place of incident, drawn spot mahazar as well as seizure mahazar, seized mobiles involved in this case and subjected the same under P.F. No.162/2015 and 163/2015, recorded the statement of witnesses and after completion of investigation filed charge sheet against the accused for the aforesaid offences.3 C.C.No.26448/2015
3. The accused is on the bail and he is represented through his counsel.
4. The copies of the prosecution papers have been furnished to the accused as required under Sec.207 of Cr.P.C. The cognizance of the offences punishable U/sec.420 and 380 of IPC has been taken as per Sec.190 of Cr.P.C.
5. The charge is framed, contents of charge have been read over and explained to the accused and 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 one official witness C.W. 11 as P.W. 1 and got marked 2 documents at Ex.P.1 and P.2.
7. After completion of prosecution side evidence, the statement of accused as required under Section 313 of Cr.P.C. has been recorded, wherein he has denied the incriminating evidence adduced against him and he has not chosen to lead his side defense evidence. Hence, the case is posted for arguments.
4 C.C.No.26448/2015
8. Heard both the side and perused the material evidence on record.
9. The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, on 12/06/2015, at about 3 p.m. in the afternoon, C.W. 1 Sahana.S.N. went to Central Mall, situated at 46th Cross, 9th Block, Jayanagar, J.P. Nagar, within the limits of J.P. Nagar Police Station, at that time, accused approached C.W. 1 Sahana.S.N. requesting her to give her mobile as he need to make an urgent call to his friend. Believing his words, C.W. 1 gave her Samsung Galaxy Grand along with 16 GB memory card to accused, thereafter accused under the pretext of talking with his friend, with a fraudulent intention of cheating in order to make unlawful gain, did not return mobile of C.W. 1 and thereby committed an offence punishable under Section 420 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused committed theft of mobile of C.W. 1 and escaped from the said spot and thereby committed an offence punishable U/s. 380 of IPC?
3. What Order?
10.My findings on the above points are as follows:
Point No.1 : IN THE NEGATIVE
5 C.C.No.26448/2015
Point No.2 : IN THE NEGATIVE
Point No.3 : As per final order for the following
REASONS
11. Points No.1 and 2: Both these points involve similar set of facts and circumstances, hence, taken up together for common discussion.
12. It is the case of prosecution that, when complainant had been to Central Mall, situated at 46th Cross, 9th Block, Jayanagar, J.P. Nagar, within the limits of J.P. Nagar Police Station, at that time, accused approached her requesting her to give her mobile as he need to make an urgent call to his friend. Believing his words, C.W. 1 gave her Samsung Galaxy Grand along with 16 GB memory card to accused, thereafter accused under the pretext of talking with his friend, with a fraudulent intention of cheating in order to make unlawful gain, committed theft of her mobile and escaped from the said spot.
13. In this connection the prosecution has examined one official witness i.e. C.W. 11 as P.W. 1, wherein he has deposed about registering of the case, conducting further investigation of the case, 6 C.C.No.26448/2015 mahazars, seizing articles from the possession of accused, recording of statement of witnesses as well as accused, apprehending of accused person and filing of charge sheet against accused.
14. More importantly, complainant Smt. Sahana. S.N. who has set the law in to motion, has not appeared before this court to put forth her case against accused in respect of the allegations made against him, which weakens the case of prosecution and in the absence of material evidence of complainant and other independent witnesses, it would not be proper to hold accused as guilty minded.
15. In addition, since evidence of official witness i.e. I.O., is the only evidence, much credibility cannot be attached to his evidence in the absence of evidences of other independent witnesses. Under the circumstances, it cannot be said that, the accused is that person who has committed the alleged offences. Therefore, benefit of doubt has to be extended in favour of accused.
16. That apart, inspite of taking coercive steps to secure the other witnesses, i.e. C.W. 1 to 10, none of them have been secured before this court even inspite of taking coercive steps. Further, it is pertinent to note that, on 26/03/2016 this court has framed charge 7 C.C.No.26448/2015 and this court has extended fullest assistance to secure the witnesses by issuing summons, warrants and even proclamation which is apparent in the order sheet. Therefore, by rejecting the prayer of the prosecution, this court has dropped the evidence of C.W. 2 to 10 by considering the long standing pendency of the case.
17. As a result, the prosecution has failed to prove the charges leveled against the accused with cogent, convincing and corroborative evidence. Therefore, above points No.1 and 2 are answered in the Negative.
18.Point No.3: In view of the negative findings on the above points No.1 and 2, I proceed 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.420 and 380 of IPC.
The bail & bail bond of the accused and surety shall stands cancelled.
The interim custody of mobiles seized and subjected under P.F. No.162/2015 and 163/2015, respectively to the applicants are made absolute.
(Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the 23rd day of September 2017).
(Mala N.D) XLIV Addl.C.M.M., B'lore.8 C.C.No.26448/2015
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION P.W. 1: Raghu Nayak.A.R
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P. 1 : Spot mahazar Ex.P.1(a) : Signature of P.W. 2 Ex.P. 2 : Seizure Mahazar Ex.P.2(a) : Signature of P.W. 2
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.9 C.C.No.26448/2015
Judgment pronounced in Open Court vide separate:-
ORDER Acting U/s.248(1) of Cr.P.C., the accused is found not guilty and acquitted of the offences punishable U/s.420 and 380 of IPC.
The bail & bail bond of the
accused and surety shall stands
cancelled.
The interim custody of mobiles
seized and subjected under P.F.
No.162/2015 and 163/2015, respectively to the applicants are made absolute.
(Mala N.D) XLIV Addl.C.M.M., B'lore.10 C.C.No.26448/2015