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[Delivered on 26.09.2024] The P.S.I of Amruthahalli Police Station has filed charge sheet against the accused for the offences punishable U/Sec.448, 427, 354, 355, 504 r/w.Sec.34 of IPC.
2. Brief facts of prosecution case is as follows:
The complainant and accused No.3 were the partners of a firm by name Golden Rocket. That partnership came to an end and they got settled their amount. Inspite of it, the accused No.3 used to visit the house of the complainant asking money. On 06.02.2022 at 9.30a.m., the accused No.1 to 3 in furtherance of common intention trespassed into the house of CW.1 and 2, which is situated at # 224, 4th cross, Jakkur, abused CW.1 and 2 in a filthy language, broken window glasses of their house, caused loss to the tune of Rs.10,000/- , the accused No.1 and 2 dragged CW.2 by holding her hair and saree, outraged her modesty, beaten her with chappal and insulted her. On the basis of written information given by the CW.1, the Amruthahalli Police have registered this case in Cr.No.46/2022.
3. After the investigation, the IO filed charge sheet against the accused. This Court has taken cognizance of the offences punishable U/Sec. 448, 427, 354, 355, 504 r/w.Sec.34 of IPC.
4. On 06.04.2023 the accused No.2 and 10.04.2023 the accused No.1 and 3 appeared before the Court and got enlarged themselves on bail. This Court complied with Sec.207 of Cr.P.C., and furnished charge sheet copies to the accused.
5. This Court heard both the parties. As there were no grounds to discharge the accused, this Court framed charges for the offences punishable U/Sec.448, 427, 354, 355, 504 r/w.Sec.34 of IPC. The accused did not plead guilty. They claimed to be tried.
5. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in furtherance of common intention beaten CW.2 with chappal, insulted her and thereby they have committed the offence punishable U/Sec. 355 r/w.34 of IPC?
6. What order?
9. My answers to the above points are as under:
Point No.1 : In Negative Point No.2 : In Negative Point No.3 : In Negative Point No.4 : In Negative Point No.5 : In Negative Point No.6 : As per final orders for the following:
Point No.6: For the aforesaid reasons, I proceed to pass the following:
ORDER By exercising the powers conferred U/Sec.248[1] of Cr.P.C., the accused No.1 to 3 are acquitted from the charges of Sec.448, 427, 354, 355, 504 r/w.Sec.34 of IPC.
The bail bonds executed by the accused No.1 to 3 stands cancelled.
The property seized under P.F. No.33[B]/2022 i.e., Chappal/Slipper being worthless is ordered to be destroyed after the appeal period.