State By Shivajinagar Police vs Jakir Hussain on 4 February, 2020

5. The prosecution has examined PW.1 to PW.6 and got marked Ex.P1 to Ex.P11 and identified M.O.No.1 to 3. The statement of the accused under Section 313 of Cr.P.C., was recorded wherein he denied the incriminating circumstances as false. The accused submits no defence.

6. Heard both sides.

7. The following points arise for my consideration.

1. Whether the prosecution proves beyond reasonable doubt that on 07.01.2015 at about 5.30 A.M the accused caused mischief by lighting the Bajaj Discover Bike No.KA-03-HU-3282 belonging to CW-1 causing damage to his house situated at House No.7/2, E No.4th Street, HKP Road within the jurisdictional limits of Shivajinagar police station and thereby committed an offence punishable u/s. 453 of IPC?

14. Point No.1 : For the aforesaid reasons, I proceed to pass the following:

5

ORDER Acting U/s.248(1) Cr.P.C. accused is hereby ACQUITTED for the offence punishable U/s. 453 of Indian Penal Code.

The bail bond of the accused and that of his surety stands cancelled.

M.O.1 to 3 shall be destroyed after expiry of appeal period as worthless.

(Dictated by me on computer, typed by the steno, same was corrected by me and then pronounced in open Court on this the 4th day of February 2020.) (G.R.Kulkarni) XXIX ACMM, BENGALURU ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION PW-1 Mohammad Inayad Ulla PW-2 Shan Pasha PW-3 Akeep Ur Inayath PW-4 Nayaz Ahmmad PW-5 Mohaboob Sharif PW-6 Anwarulla LIST OF EXHIBITS MARKED ON BEHALF OF PROSECUTION Ex.P.1 Complaint Ex.P.1(a) Signature of PW-1 Ex.P.1(b) Signature of PW-4 Ex.P.2 to 5 Four photographs Ex.P.6 Statement of PW-2 Ex.P.7 FIR Ex.P.7(a) Signature of PW-4 Ex.P.8 Seizure mahazar Ex.P.8(a) Signature of PW-4 Ex.P.8(b) Signature of PW-6 Ex.P.9 Spot mahazar Ex.P.9(a) Signature of PW-4 Ex.P.9(b) Signature of PW-6 Ex.P.10 CD Ex.P.11 Statement of PW-5 LIST OF MATERIAL OBJECTS GOT MARKED :-

M.O.1             Shift
M.O.2             Matchbox
M.O.3             Window glass piece



                                     (G.R.Kulkarni)
                                 XXIX ACMM, BENGALURU





04.02.2020.
State by APP
Accused
For Judgment

(Vide separate order pronounced in the Open Court) ORDER Acting U/s.248(1) Cr.P.C. accused is hereby ACQUITTED for the offence punishable U/s. 453 of Indian Penal Code.

The bail bond of the accused and that of his surety stands cancelled.

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