MANJUNATHA ALIAS YENNE MANJA KUMARA Vs. STATE

JUDGEMENT

(1.) Though the matter is listed for admission, with the consent of both sides, it is taken up for final disposal.

(2.) This petition is preferred by the petitioner/accused No.1 challenging the legality and correctness of the judgment and order of conviction dated 28.07.2011 passed by the IV Addl. CMM, Bengaluru, in C.C. No.17904/2011 and also judgment and order dated 31.01.2013 passed by the Addl. Sessions Judge, FTC-X, Bengaluru, in Cri. A.569/2011.

(3.) Brief facts of the prosecution case are that the complainant by name Smt. Rasheeda Banu wife of Aslam, residing at Ramanagar, had lodged the complaint on 15.01.2008 stating that, on 15.01.2008 she boarded Mysore Salem Express Train in order to travel to Yeshwanthapura with her two children. The train reached SBC Railway Station at 12.30 p.m. and had stopped there for 45 minutes, most of the passengers had got down and hence, she moved to the compartment, which was nearby to the engine. Along with her, 3-4 lady passengers were also there. The train left SBC Railway Station at 1.20 p.m., but stopped near Malleswaram Railway Station for crossing. After sometime, it started moving slowly, some four persons, who were sitting in the same compartment, suddenly came and assaulted the complainant and thereafter by showing knife asked her to give all her belongings. The accused persons snatched the vanity bag containing cash of Rs.2,000.00 and one mobile phone. Complainant got frightened and no one, who was sitting in the compartment, came to her help. She along with her children jumped from the moving train and sustained injuries. The contract workers, who were working, saw her and helped her in getting admitted to hospital at Rajajinagar. Thereafter, the Police recorded her statement in the hospital and registered the F.I.R.