Criminal Appeal No.

________/98

IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE, BANGLORE

AT: KARNATAKA
Between

Shri Sonu Gupta s/o Saggy Gupta

age: 35 years; occupation: Departmental Store Holder

Resident of: Electronic City, Phase I Lal Bagh Botanical Garden APPELLANT
ACCUSED

And

Shri Cohan Lal s/o Susana Lal

age: 25 years; occupation: Land Dealer

Resident of: Hakim Para RESPONDENT

COMPLAINANT

Appeal under section 374 of Criminal Procedure Code, 1973

In this the Appellant above named being aggrieved by the order of conviction sentence passed in the
Criminal Case No. 20135/20 of the learned Judicial Magistrate First Class, Savanna, dated 14.05.2018,
wherein, the Accused has been convicted for the offences punishable under sections 147 and 148 of the
Indian Penal Code and also section 3 and 5 of Explosive Substance Act, sentenced him to undergo one
month’s simple imprisonment and to pay fine of Rs. 15000 and in default of payment of fine to undergo
simple imprisonment of a further period of 30 days for the offence under sec. 147 and 148 of the IPC with
inclusion of section 3 and 5 of ESA: and the Appellant has been sentenced to pay a fine of Rs. 15000 and
in default of payment of fine undergo simple imprisonment of 6 months for the offence under sec. 148 of
IPC along with section 3 and 5 of Explosive Substance Act begs to prefer this appeal against the said
order of conviction and sentence.

BRIEF FACTS OF THE CASE

(1) Brief facts of the prosecution case are that one Shri Cohan Lal of Hakim Para
has filed a private complaint under sec. 200 of the Cr...P.C. on 02...03.2018 the said complaint was
referred to the Police Sub Inspector of Electronic City u/s 156(3), CrPC. for investigation. After
investigation, the PSI, Deventer filed a charge sheet on 02.04.2018 against the Appellant/Accused.

(2) It is the case of the Complainant that on 02.03.2018, at about 06 AM when the Complainant’s
brother’s wife, i.e., Simi Lal was in her house, the Appellant asked her to give lime. When she went
inside the house to bring lime, the Appellant suddenly entered the Complainant’s house and pulled her
sari and tried to force or violence with inclusion of more three men caring deadly weapon which could

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have caused death. Due to the sudden action of the Appellant/Accused, Sonu Gupta was shocked and she
screamed and raise hue and cry. On hearing this, people gathered and the Appellant/Accused ran away.

GROUNDS OF THE APPEAL

(1) The order of conviction and sentence passed by Judicial Magistrate First Class, Divvy Dutra
convicting the Appellant/Accused is contrary to law and evidence in the case.

(2) The lower Court has approached the case from erroneous angle and the same has resulted in
miscarriage of Justice.

(3) There is delay in filing the complaint. The offence is said to have been committed on 02.03.2018 and
the complaint has been lodged on 02.04.2018. The delay of 29 days has not been properly explained by
the lower Court.

(4) Prosecution witnesses 1 and 2 have admitted that the Appellant/Accused has filed a complaint against
the prosecution witness 2, for having committed the rioting; and in the said case the police summoned
them to the police station for inquiry. Owing to this incident and complaint, the Complainant has filed a
private complaint against the Appellant. The point of the violence done between the Complainant and the
Accused has not been taken into consideration by the lower Court.

(5) That the lower Court has given undue importance to the evidence of PW No. 1 to 5. They have got an
axe to grind against the present Appellant/Accused. Further it is significant to note that the alleged
witnesses are inter-related and are interested witnesses.

(6) That, the violence of rioting between the Complainant and the Accused is the sole cause for the
present criminal complaint against the Appellant and two others. The PSI of the investigation has
submitted the charge sheet against the present Appellant/Accused alone, even though there was no
evidence to speak about the incident. The Learned Magistrate ought to have acquitted the
Appellant/Accused on this ground alone. Hence the conclusion arrived at by the lower Court is unilateral
and biased.

(7) Without prejudice to the above contentions it is further submitted that the sentence and the fine
imposed upon the Appellant is exorbitant and severe.

PRAYER

On these grounds and that are to be urged at the time of hearing this appeal, it is humbly prayed that the
order of conviction and the sentence passed by the lower Court may kindly be set aside and the Accused
be acquitted.

Place: Electronic City

Date: 16.12.2018

Sonu
APPELLANT

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I Shri Sonu Gupta l s/o Saggy Gupta, the Appellant above named do hereby swear on solemn affirmation
that the contents of the above plaint are all true and correct to the best of my knowledge and belief. In
token whereof I have signed hereto.

Place: Electronic City

Date: 16.12.18 Sonu

APPELLANT