STATE OF KARNATAKA Vs. SHABARI R RAM

JUDGEMENT

(1.) This is State appeal assailing the judgment of acquittal dated 31.08.2009 passed in S.C. No.943/2006 by the Dist. & Sessions Judge, FTC VII, Bengaluru City. By the said Judgment, the respondent charged with the commission of offences punishable under Ss. 341, 366 and 506 of IPC was acquitted.

(2.) The complaint vide Ex.P1 having been lodged by PW-2, on 18.04.2006, PW-1 registered the FIR vide Ex.P2, for the offences punishable under Ss. 341, 363, 506 read with S.34 IPC in Crime No.134/2006. PW-7, the PSI, conducted the investigation and filed the charge-sheet for the offences under Ss.341, 366 and 506 IPC. The case being triable by the Court of Sessions was committed and registered as S.C. No.943/2006. The accused having appeared before the Sessions Court, charge was read over to him and he pleaded 'not guilty' and claimed to be tried. To prove the guilt of the accused, 9 witnesses were examined and 12 documents were marked. On behalf of the accused, 7 documents were marked as Exs.D1 to D7. Statement of the accused under S.313 Cr.P.C. was recorded and it is a case of 'total denial'. After hearing the arguments of the learned Public Prosecutor and the learned advocate for the accused, the learned Trial Judge having found that there was marriage between PW-2 / alleged victim and the accused on 05.02.2006, has passed the judgment of acquittal, assailed in this appeal.

(3.) Sri B. Visweswaraiah, learned HCGP contended that the Trial Court has committed a serious error in acquitting the respondent in respect of the charged offences. Learned counsel submitted that there being credible evidence brought on record, in proof of the allegations made in the charge-sheet for the offences punishable under Ss.341, 363 and 506 IPC and the finding recorded being perverse, the impugned Judgment is liable to be set aside and the respondent held guilty and punished for the charged offences. Learned counsel referred to the evidence of PW/2 - the complainant, PW-3/ father of PW-2, PW/4 - brother in law of PW-3 and PW/5 Manager of Puttamma Kalyana Mantap, Vijayanagar, Bengaluru, showing no booking in respect of the alleged marriage on 05.02.2006.