Professional Documents
Culture Documents
Display PDF
Display PDF
THE COURT OF I ADDL.CIVIL JUDGE AND J.M.F.C.
AT VIJAYAPURA
Present : Smt.Amruta
B.A.,LL.M.
I Addl.Civil Judge and JMFC.,
VIJAYAPURA
C.C.No.545/2009
th
Dated : On this the 19
day of January 2021
Complainant : The State through Gandhi Chowk PS
Vijayapura
(By Assistant Public Prosecutor)
V/s
Accused : A1. Javeed S/o Farukhammad Pathan,
(Splitup)
A2. Imran S/o Basirahammad Pathan,
Age: 25 years, R/o: Sakaf Roza,
Vijayapura
A3. Parag S/o Purushotam Takkar
(Splitup)
(By Sri R.S.Garadimani Advocate)
1. Date of commission of offence : 03.06.2007, 04.06.2007
and 17.09.2007
2. Date of report of offence : 06.01.2009
3. Date of appearance of accused A2: 27.02.2016
4. Name of the Informant : Karunakaran
5. Date of recording evidence : 11.09.2017
6. Date of closing evidence : 09.12.2020
7. Offence complained of : U/Sec 379, 465, 468,
471, 420 of IPC
8. Opinion of the Judge : Accused found not guilty
(Smt.Amruta)
I Addl.Civil Judge & JMFC,
Vijayapura
2 C.C.No.545/2009
:: JUDGMENT ::
submitted final report against the accused No.1 to 3 for the
offences punishable under Section 465, 468, 471, 420 and
379 of IPC.
2. The brief facts of prosecution case is as follows :
That, 03.06.2007, 04.06.2007 and on 17.09.2007 the
accused No.2 along with splitup accused No.1 and 3 have
duplicate number plates. Further, the accused persons by
have forged the R.C. book and prepared duplicate R.C.book
dishonestly and fraudulently sold the said vehicles knowing
fully well that, the vehicles are stolen vehicles and the
documents are forged one, sold the said vehicles to CW4 to
6 with an intention to cheat them. The persons who have
insurance company has lodged first information statement
praying to take legal action against the culprits.
3. Based on the first information statement given by
the informant, the Investigating Officer has registered a case
against unknown persons in Cr.No.05/2009 for the offences
After completion of the investigation, the investigation officer
has submitted final report against the accused No.1 to 3 for
the above said offences.
the offences punishable under Section 465, 468, 471, 420
persons. That, on 27.02.2016 the accused No.2 appeared
before this Court and he has been enlarged on bail. But, in
spite issuance of many NBWs, the accused No.1 and 3 did
case against accused No.1 and 3 is ordered to be splitup
and case is proceeded only against accused No.2.
accused No.2 as contemplated under Section 207 of Cr.P.C.
Upon hearing the prosecution and counsel for accused No.2
offences punishable under Section 379, 465, 468, 471, 420
of IPC. The accused No.2 denied the charges and claimed to
evidence to establish the guilt of the accused No.2.
6. The prosecution in order to bring home the guilt of
the accused No.2, has examined seven witnesses as P.W.1
to 7, got marked four documents as per Ex. P1 to P4. The
statement of accused No.2 as required under Section 313 of
Cr.P.C., has been recorded, accused No.2 has denied all the
prosecution evidence.
7. Heard the learned APP for prosecution and counsel
for the accused No.2.
8. On going through the facts and materials produced
consideration:
No.2 has committed an offence punishable under
Section 379 of IPC?
2. Whether the prosecution proves beyond all
reasonable doubt that, on the afore mentioned
date time and place, the accused No.2 along with
split up accused No.1 and 3 has changed the
number of plates of the vehicles by putting
duplicate number plates on them, forged the R.C.
book and prepared duplicate R.C. book
dishonestly and fraudulently sold the said vehicles
to CW4 to 6 with an intention to cheat them and
thereby the accused No.2 has committed an
offence punishable under Section 420 of IPC?
3. Whether the prosecution proves beyond all
reasonable doubt that, on the afore mentioned
date time and place, the accused No.2 along with
split up accused No.1 and 3 have forged the
number of plates of the vehicles by putting
duplicate number plates on the vehicles and
forged the R.C.books pertaining to the stolen
vehicles and thereby the accused No.2 has
committed an offence punishable under Section
465 of IPC?
4. Whether the prosecution proves beyond all
reasonable doubt that, on the afore mentioned
date time and place, the accused No.2 along with
split up accused No.1 and 3 have forged the
number of plates and the R.C. book pertaining to
the stolen vehicles and used the said documents
6 C.C.No.545/2009
and number plates as genuine documents with an
intention of cheating CW4 to 6 and thereby the
accused No.2 has committed an offence
punishable under Section 468 of IPC?
5. Whether the prosecution proves beyond all
reasonable doubt that, on the afore mentioned
date time and place, the accused No.2 along with
split up accused No.1 and 3 have committed theft
of the vehicles in Maharastra State as shown in
column No.11 of final report, changed their
number plates by putting duplicate number plates
on them and forged the R.C.Books and used the
said forged documents as genuine documents with
an intention to cheat CW4 to 6 and thereby the
accused No.2 has committed an offence
punishable under Section 471 of IPC?
6. What order?
9. My findings on the above points are :
Point No.1 to 5 : In the Negative
Point No.6 : As per final order for the following:
R E A S O N S
10. Point No.1 to 5: All these points are connected to
each other, hence in order to avoid the repetition of the facts
and appreciation of the evidence, all these points are taken
up together for common consideration.
11. The prosecution in order to bring home the guilt of
the accused No.2, has examined CW3/Mahammad Ali and
7 C.C.No.545/2009
Cw2/Baban the pancha witnesses to the seizure mahazars
the stolen vehicles from accused persons are examined as
PW6 and 3 respectively. CW7/Muneer Ahammad Karjagi
vehicles are examined as PW5 and 4 respectively. CW13/
Gurupadappa, the head constable who was on duty to trace
out the accused persons is examined as PW7. In support of
documents as per Ex.P1 to P4. Ex.P1 and P2 are seizure
Ex.P3 is the statement of PW5, Ex.P4 is report given by
PW7 stating that the accused persons were not found.
12. PW1 and 2 are panchas to the seizure mahazars,
which are marked as Ex.P1 and P2 have turned hostile to
the prosecution case. The learned APP has treated PWs.1
suggesting that on 11.01.2009 from 11:15 am to 12:00 pm
Urdu school Tavera vehicle bearing No. MH02/AV3069 in
seized TATA Indica car bearing No.BJ06/ CB7722 in their
suggestions putforth to them during cross examination by
the prosecution. Hence, the prosecution has utterly failed
to prove the seizure mahazars through the evidence of PW1
and 2.
13. On appreciation of entire prosecution evidence it
reveals that, none of the witnesses have supported the case
against accused No.2. Though the witnesses CW 5 and 6
who are examined as PW6 and 3 have turned hostile to the
prosecution case, the prosecution has utterly failed to treat
examination to elicit the truth of the case. The prosecution
support of the prosecution case. Hence, on all these grounds
9 C.C.No.545/2009
persons. The prosecution has utterly failed to bring home
the ingredients of Section 379, 420, 465, 468 and Section
471 of IPC. Hence, in the absence of any evidence on the
part of the prosecution, the accused persons are entitled for
negative.
14. POINT No.6 : In view of discussion held on above
points, this Court proceed to pass the following:
:: ORDER ::
Acting under section 248 (1) of Cr.P.C., the
accused No.2 is hereby acquitted for the offences
punishable under Section 379, 465, 468, 471 and
420 of IPC.
The bail bond and surety bond of the
accused No.2 shall stands canceled.
Keep the entire case properties if any and
the case records along with splitup case
registered against accused No.1 and 3.
(Dictated to the stenographer, directly on computer, transcribed by
him, revised and corrected by me and then pronounced in open court
on this the 19th day of January 2021)
(Smt.Amruta)
I Addl.Civil Judge & J.M.F.C,
Vijayapura
10 C.C.No.545/2009
ANNEXURE
1. Witnesses examined on behalf of Prosecution. :
PW1 : Mahammad Ali S/o Gudusab
PW2 : Baban S/o Hajisab Gyasmaddi
PW3 : Abdul S/o Hameed
PW4 : Abdul Ajeej S/o Mainuddin
PW5 : Munirahammad S/o Aminuddin
PW6 : Iktarahammada S/o Mahammadsab
PW7 : Gurupadappa S/o Parappa
2. Documents exhibited on behalf of Prosecution:
Ex.P1 & 2 : Seizure panchanamas
Ex.P1a & 2a: Signatures of PW1
Ex.P1b&2b : Signatures of pw2
Ex.P3 : Statement of PW5
Ex.P4 : Report of PW7
Ex.P4a : Signature of PW7
3. Material objects identified on behalf of prosecution:
NIL
4. List of witnesses and documents on Defense side :
NIL
(Smt.Amruta)
I Addl.Civil Judge & J.M.F.C,
Vijayapura