1 CC No.

526 of 2020

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS AT METPALLY.

PRESENT: Smt.P.PADMAVATHI,
JUDICIAL MAGISTRATE OF FIRST CLASS,
METPALLI.

Thursday, on this the 9th day of December, 2021

CALENDAR CASE NO. 526 OF 2020

Between:

The State through Sub Inspector of Police, Metpalli P.S.

(Crime No. 214 of 2020).
….Complainant.
And

A1. Shaik Roshan S/o Shaik Raf, 20 years, R/o Mogilipet village of
Mallapur mandal.
A2. Mohammad Sadulla S/o Mohammad Jamal, 20 years, R/o Peddapur
village of Korutla mandal.

….Accused.

This case is coming before me for fnal hearing on 07.12.2021 in the

presence of learned Public Prosecutor for the state and of Sri
Mohd.Nayeemuddin, Advocate for the accused, having been heard and
having stood over for consideration to this day the Court delivered the
following:

:: J U D G M E N T ::

Case of the Prosecution

1. The Sub Inspector of Police, Metpalli P.S., has fled the Charge Sheet

against the accused for the ofences under Sections 354-A, 354 (D), 506 r/w

34 IPC in Crime No. 214 of 2020 with the following allegations:

2. The brief facts of the case are that on 19.07.2020 at 19.30 hrs, the

complainant Kammampati Vamshi went to P.S.Metpalli and lodged a telugu

written complaint by stating that he is resident of Metpalli and living by

running kirana shop. The complainant got performed his marriage with

Bhavana/LW2 in the month of March, 2020. The mobile users bearing Mobile

Nos.6302594114 and 7093717847 by names Hakeem Pasha and Mohammad

Sadulla respectively alongwith other accused B.Mobile No.7569714802 by

name Muddam Soujanya used to send the messages to the complainant’s

 2 CC No. 526 of 2020

wife/LW2 whatsapp by using utter words and demanded to have physical

relation with them and threatened with dire consequences to kill her if she

does not co operate physically. Therefore, he requested to take necessary

action.

On receipt of complaint, Lw.6-N.Sadakar, the S.I of Police, Metpalli

registered a case in Crime No. 214 of 2020 U/Sec. 354-A, 354 (D), 506 r/w 34

IPC and issued FIR, took up the investigation, examined and recorded the

statements of witnesses. On 25.09.2020, the Investigating Ofcer served

the notices u/s.41-A Cr.P.C to the accused No.1 and 2 with a direction to

appear before him on or before 27.09.2020, as such they appeared before

the I.O on 27.09.2020 with I.D proofs, on interrogation the accused

voluntarily confessed to have committed this ofence, later he fled the

charge sheet against the accused for the ofences punishable U/Sec. 354-A,

354 (D), 506 r/w 34 IPC.

3. This case was taken on fle against the accused for the ofences under

Sections 354-A, 354 (D), 506 r/w 34 IPC.

4. On appearance of the accused, copies of the documents relied upon by

the prosecution were furnished to him as provided under Section 207 Cr.P.C.

5. Accused were examined under Section 239 of Cr.P.C., they pleaded not

guilty. Charges framed and read over to them in Telugu language for which

they denied charges and claimed to be tried.

6. To prove its case, prosecution examined PWs.1 to 6 and got marked

Ex.P.1 to P.4 and no material objects were marked.

7. Accused were examined under Section 313 of Cr.P.C., for the

incriminating circumstances appearing against them in the evidence of

Prosecution Witnesses, for which they denied prosecution evidence and

reported no evidence on their behalf.

 3 CC No. 526 of 2020

8. Heard both sides.

9. Point for determination:

Whether the prosecution has proved the guilt of the accused for the
ofences under Sections 354-A, 354 (D), 506 r/w 34 IPC, beyond all
reasonable doubt?

10. POINT

(a) The prosecution case is that the accused No.1 and 2 used to send

the messages on whatsapp to the complainant’s wife by using uttered words

with a demand to have physical relation with them and threatened with dire

consequences to kill her if she did not cooperate with them. Thereby accused

has committed the ofence punishable U/s. 354-A, 354 (D), 506 r/w 34 IPC.

11. To prove the prosecution case, prosecution examined Pws.1 to 6.

The complainant is examined as PW1. PW2 is the victim and wife of the

complainant. PW3 is the father of the PW2. Pws.4 and 5 are the parents of

the PW1. PW6 is the Investigating Ofcer

12. PW.1 who is the defacto complainant deposed that on

12.03.2020 his marriage was performed with PW2, after his marriage he

found that his wife chatting with some persons, then he called the parents of

his wife and at the instance of his in-laws he lodged complaint before police,

Metpalli. Ex.P1 is the complaint. As the complainant deviated his version,

the learned A.P.P declared him hostile and in his cross examination A.P.P

elicited that the accused threatened his wife and insisted her to co operate

sexually.

PW2/victim who is the wife of the complainant and PW3 who is the

father of the PW2, deposed in one voice that they do not know anything

about this case, police never examined them and recorded their statements.

Exs.P2 and P3 are the 161 Cr.P.C statements of Pws.2 and 3.

 4 CC No. 526 of 2020

13. On perusal of the evidence of PW1 in his cross examination he stated

that his wife/LW2 fled a case against him u/s.498-A IPC and DVC and MC

cases against him stated that he is harassing his wife. As PW2 who is the

victim/aggrieved person not spoke anything against the accused,

prosecution failed to prove the ofence against A1 and A2 beyond the

reasonable doubt.

In this case, Pws.3 to 5 are circumstantial witnesses. PW4 who is the

father of PW1 deposed that at about 1 ½ year ago, the marriage of PW1 was

performed with PW2, PW1 stated him that PW2 used to chat in his phone

with many people, then he called the parents of PW2, in their presence also

PW2 called A1 and A2. He has further stated that even though he instructed

PW3 to lift the phone he did not do so. In this regard, PW3 also beat PW2,

after that PW3 stated that he will change the attitude of PW2 and took her to

his house.

PW5 who is the mother of PW1 stated that about 1 year 8 months ago,

PW1 marriage was performed with PW2, they lived happily for a period of

one month. She further stated that she does not know the phone number of

PW2, she came to know through PW1 that PW2 is receiving whatsapp

obscene messages from A1 and A2, she stated the same before police.

As the evidence of Pws.4 and 5 are only the hearsay evidence, their

evidence cannot be taken into consideration to convict the accused.

Further PW6, the Investigating Ofcer deposed that on receving the

complaint he registered a case in Cr.No.214/2020 and recorded the

statements of Lws.2 to 5. He further stated that he collected messages from

LW1 and issued 41-A Cr.P.C notices to A1 and A2. Ex.P4 is the First

Information Report. In the cross examination, PW6 admitted that he did not

fled any document to show that the messages are send by A1 and A2 to

PW2. He further stated that he did not seized any mobile from A1 and A2 or
 5 CC No. 526 of 2020

Pws.1 and 2. It seems that the I.O did not took any pain to prove the ofence

against the accused, his investigation is very poor, as such prosecution failed

prove the guilt of A1 and A2, beyond the reasonable doubt.

14. In the result, the accused No.1 and 2 are found not guilty for the

ofences punishable under Sections 354-A, 354 (D) and 506 r/w 34 IPC and

accordingly they are acquitted under Section 248 (1) of Cr.P.C., and their bail

bonds shall stand cancelled, after six months.

Typed to my dictation, corrected and pronounced by me in the open

court on this the 9th day of December, 2021.

JUDL. MAGISTRATE OF FIRS CLASS,

METPALLI.

APPENDIX OF EVIDENCE
WITNESSES EXAMINED

FOR THE PROSECUTION: FOR THE DEFENCE

PW.1 K.Vamshi/Complainant. ---NIL---
PW.2 K.Bhavana/Victim.
PW.3 Y.Rajendhar/Father of the Victim.
PW.4 K.Veersham/Father of the complainant.
PW.5 K.Lavanya/Mother of the complainant.
PW.6 N.Sadakar/Investigating Ofcer.

EXHIBITS MARKED
FOR THE PROSECUTION:
Ex.P.1 Complaint.
Ex.P.2 Sec. 161 Cr.P.C statement of Pw.2.
Ex.P.3 Sec. 161 Cr.P.C statement of Pw.3.
Ex.P.4 First Information Report.

FOR THE DEFENCE

---NIL---

M.Os MARKED
-NIL-

JUDL.MAGISTRATE OF FIRST CLASS

METPALLI.