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Registered on : 07-01-2008

Registered on : 07-01-2008

Decided on : 13-12-2010

Duration : Ys. Ms. Ds.2 11 6

EXHIBIT NO.______

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE,

BHANDARA.

(PRESIDED OVER BY DR. S.R. JAISWAL)

PH.D. (LAW)

REGULAR CRIMINAL COMPLAINT CASE NO. 4/2008

Ku. Pragati d/o Ghansham Gajbhiye,

Aged about 22 years, Occ.Education,

R/o Ambedkar Ward,Warathi,

Tah.Dist.Bhandara. .. Complainant

...VERSIS...

1) Sau. Damayanti w/o Dayal Bansod,

Aged about 50 years, Occ.Household,

2) Shri Kumar s/o Dayal Bansod,

Aged about 23 years, Occ.Business,3) Shri Sachin s/o Dayal Bansod,

Aged about 28 years, Occ.Business,

4) Ku.Yogita d/o Dayal Bansod,

Aged about 27 years, Occ.Household,

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All R/o Ambedkar Ward,Warathi,

Tah.Dist.Bhandara. .. Accused

..2.

OFFENCE PUNISHABLE UNDER SECTION 323,354,34 OF THE INDIAN

PENAL CODE.

Mr.A.P.Singh, Assistant Police Prosecutor appeared for the State.

Mr.Saxena,Advocate for the accused.

JUDGMENT

(DELIVERED ON THIS 13TH DECEMBER,2010)

1. The accused are facing charge for the offence punishable under

Section 323, 354, r/w 34 of the Indian Penal Code.

2. The brief facts of the prosecution case are that the complainant

Ku.Pragati d/o Ghansham Gajbhiye has filed complaint alleging that the

accused no.1 to 5 are her neighbourers and the complainant is learning in

B.A.Ist year at Warathi. On 9/12/2007 at about 4.00 P.M. the complainant

came out from her house to throw the waste water out of her house, at that

time accused no.2 has thrown wastematerial on her person and thereby the

complainant has thrown waste water there, therefore husband of accused

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no.2 has abused her in filthy language and threatened that he will sent her

in jail and he will set her on fire. The accused no.2 has also abused her by

saying ngk uojs djh jkaMhu vkgsl] ngk yksdkalkscr >ksirsl o

rq uaxh] HkkslGh] dq=h] ukyk;dh vkgsl and started

..3.. R.Cri.C.No.4/08(Judgment)

beating her on her shoulder and other parts of body. Then accused no.3

came there and he has beaten her on her chest and torn her clothes. Then

accused no.4 came there and beaten to the complainant. At that time

Ujwala Bharat Gajbhiye, Nita Manish Gajbhiye, Ritu Wasnik and Pranali

Wasnik came there. At about 5.00 P.M. The complainant with her sister

Ku.Barlin went to Out-post Warathi for file complaint but police have

refused to accept the complainant, therefore she went to P.St.Bhandara and

filed complaint. Police have referred her for medical check up and police

have registered the offence as N.C. No. 746/2007 under Section 323,506 of

Indian Penal Code. Therefore this complaint was filed by the complainant.

3. After verification of the complaint, my learned predecessor has

issued process under Section 323, 452 r/w 34 of the Indian Penal Code

asper order dated 22/01/2009.

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4. As per order below Exh.1 dated 15/06/2010 after recording of

examination in chief of complainant and hearing before charge was taken, I

had passed an order to frame the charge under Section 323, 354 r/w 34 of

the Indian Penal Code. Accordingly charge was framed by me at Exh.57

dated 15th

June 2010. After framing of charge the contents of

..4..

the charge were read over to the accused in Marathi language and after

understanding the contents of the charge the accused pleaded not guilty to

the charge and facing trial.

5. Following points arises for my determination and I have given

my findings thereon for the reasons stated below:-

POINTS FINDINGS

1 Does the prosecution prove that on 9.12.2007

at about 4.00 p.m. at Ambedkar Ward,Warthi,

the accused in furtherance of their common

intention beaten the complainant and caused

hurt to her and hereby committed an offence

punishable under Section 323 r/w 34 of the

Indian Penal Code ? In the negative .

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POINTS FINDINGS

2 Does the prosecution prove that at the same

date,time and place, the accused in

furtherance of their common intention, torn

the braw and blouse of the complainant with

intention to outrage her modesty and thereby

committed an offence punishable under

Section 354 r/w 34 of the Indian Penal

Code ? In the negative .

3 What order ? ......... As per final order.

REASONS

6. AS TO POINT NO.1 and 2 :- The complainant has examined

CW 1 Pragati d/o Ghanshyam Gajbhiye at Exh.54. It appears fromher

..5.. R.Cri.C.No.4/08(Judgment)

evidence that on 9.12.2007 at about 4.00 p.m. she was going to throw

waste water from her house. At that time, accused no.1 Damayanti has

thrown the waste on her person and therefore she has thrown her waste

water at that place. Then Dayal Bansod came there and stated her to clean

the lane otherwise he will send her to Jail. Thereafter she has stated him to

call his wife. Then accused Damayanti came to her house and abused her

in filthy language. Accused Yogita has stated her to set on fire. Then she

has taken a lathi in her hand and stated them to get rid of. Then she had

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tried and shouted ' Sodwa Sodwa'. Then the neighboring persons have

gathered there. Sima Dongre and Shalini Nagdeve came to rescue her and

they have taken out lathi from her hand. Then everything was done

peaceful for two minutes.

7. She further deposed that then Kumar came there and caught her

bra and torn it and beaten her hair also and accused Sachin has started

scuffling with her. Then she went to Police Station, Bhandara and police

have recorded her oral complaint. The police have referred her for medical

check up to Civil Surgeon,Bhandara. The Medical Officer has treated her

and issued medical certificate. Her oral complaint is at Article A and

medical certificate is at Article B. Police have registered N.C. as per Exh.

55. Therefore she has filed this private

..6..

complaint.

8. In her cross examination she has admitted that her house is

situated behind the house of accused. She further admitted that there is one

lane in between their house and shop which goes to her house. She further

admitted that she herself and the accused both have filed application for

getting petrol pump. She further admitted that there is a public lane from

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her house. She further admitted that her neighborers Shrikant Ramteke,

Prashant Ramteke, Manish Gajbhiye, Laxmikant Ramteke, Seema Dongre

are residing there. She further admitted that this quarrel ended within one

hour and immediately she rushed to police station to file complaint. She

also admitted that she has shown the torn clothes to the police but they

have not seized it. Police have not taken her complaint also. She has not

filed any complaint against the police to their higher official for not taking

complaint. She further admitted that in the land of her house so many

peoples are walking there to go to their houses. She further admitted that

for getting the petrol pump the accused persons have applied and she has

also applied but the accused was allotted with the petrol pump. Witness

volunteers that she has filed writ petition to cancel the unlawful allotment

of the petrol pump to the accused and she has also admitted that this writ

petition was dismissed. She further admitted that she has filed complaint

against these accused that they have started their petrol pump by

encroaching the land before

..7.. R.Cri.C.No.4/08(Judgment)

revenue authority and she has also called the press conference. She further

admitted that their lane was use by Shrikant Ramteke,Prashant Ramteke,

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Laxmikant Ramteke,Bharat Gajbhiye, Manish Gajbhiye, Kalyan Dongre to

go to their houses and these peoples are using this way for communication.

9. The complainant has submitted to close the evidence of

complainant and therefore as per order dated 7/12/2010, the evidence of

complainant was closed and statement of accused under Section 313 of

Criminal Procedure Code are recorded at Exh.63 to 66 in which the

accused have denied the incriminating circumstances and submitted that

false case is filed against them.

10 Heard both sides and gone through the evidence on record. The

learned counsel for complainant Shri Bhole, Advocate submitted that the

accused Kumar has caught the blouse and bra of the complainant and torn

it and also threatened the complainant and her family members to beat

them, therefore N.C.was filed by the complainant. He further submitted

that though the other witnesses are not examined by the complainant, but

the evidence of complainant CW 1 is sufficient to prove the guilt of

accused beyond reasonable doubt and accused be

..8..

convicted.

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11. Heard the learned counsel for accused Shri Saxena,Advocate.

He has submitted that there is no cogent or corroborative evidence given

by the complainant in support of her case. There are so many witnesses

present there and they have seen these offence but the complainant has not

examined any of the witnesses from Sima Dongre or Shalini Nagdeve or

other persons from that locality, therefore adverse inference be drawn

against the accused and the complainant has filed this false complaint only

with the enmity of getting petrol pump and therefore complainant fails to

prove the guilt of accused or any incriminating of the offence and

therefore accused be acquitted.

13. Heard both sides and on going through the evidence on record. It

is admitted that there were several witnesses present at the time of this

incident but the complainant fails to show why the complainant has not

examined any of the witness in support of her evidence. The complainant

herself has stated that one Sima Dongre and Shalini Nagdeve has rescued

her and they taken out lathi from her hand but they are not examined by the

complainant. In her cross examination, she has admitted that she has

applied for getting petrol pump and accused have also applied for getting

petrol pump, out of which accused have been allotted with the petrol

pump . The complainant has also admitted that

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..9.. R.Cri.C.No.4/08(Judgment)

she has filed writ petition to the Honourable High Court but it was

dismissed. She has also filed complaint to revenue authority and also taken

the press conference on the same subject. From the evidence on record, it

appears that the complainant has examined only herself before the Court

and there is no corroborative or supporting evidence given by her in

support of her case. Hence, it is held that the complainant fails to prove the

guilt of accused and also fails to prove any of the ingredients of the offence

under Section 323,354 r/w 34 of the Indian Penal Code beyond the

reasonable doubt and under such circumstances the accused accused are

entitled for their acquittal. Hence, I answer point no.1 and 2 in the

negative.

14. AS TO POINT NO.3 :- In view of my finding to above points, I

pass the following order :-

ORDER

(1) All accused (1) Sau.Damayanti Dayal Bansod (2) Shri Kumar

Dayal Bansod (3) Shri Sachin Dayal Bansod and (4) Ku.Yogita Dayal

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Bansod are is hereby acquitted under Section 248(1) of the Code of

Criminal Procedure,1973 for the offence punishable under Section 323,354

r/w 34 of the Indian Penal Code,1860.

..10..

(2) The bail bonds of the accused stand cancelled.

(Dr.S.R.Jaiswal)

Chief Judicial Magistrate,

Date:-13.12.2010. Bhandara .

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