K C BASAVARAJU S/O CHIKKEGOWDA Vs. STATE OF KARNATAKA BY POLICE OF K R NAGAR POLICE STATION MYSORE DISTRICT

JUDGEMENT

(1.) By the judgment and order of conviction and sentence passed by the Civil Judge (Junior Division) and JMFC., K.R.Nagar in CC.No.296/2003, dated 6.12.2007, whereunder the petitioner herein has been convicted for the offence punishable under Section 509 of IPC and to pay a fine of Rs. 2,000/-, in default, to undergo imprisonment for three months. Challenging the same, the accused-petitioner herein filed Criminal Appeal No.3/2008 before the II Additional Sessions Judge at Mysore. The Sessions Court by the judgment and order dated 1.2.2010 dismissed the appeal by confirming the judgment and order passed by the trial Court. Assailing the same, the petitioner has preferred this revision petition.

(2.) I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.

(3.) It is the submission of the learned counsel for the petitioner that the accused-petitioner and the complainant were working as Teachers in the same school and there was some money transaction between them. When the accused-petitioner demanded back the said money, a false case has been registered by the complainant against the petitioner. He further submitted that the charge is under Section 509 of IPC and the complaint and other evidence on record do not attract the ingredients of the said Section. He further submitted that the complainant has deposed that the said act of the accused was informed to the Head Master, but the Head Master who came to be examined as PW.7 has not stated anything about the complaint which was said to have been made by the complainant. He further submitted that the complaint indicates that anonymous telephone calls were being received by her and as per the records of the Telephone Department only three telephone calls were received by the complainant and the owners of the telephone number i.e., PWs.5 and 6 have not supported the case of the prosecution and they have been treated as hostile. He further submitted that the duration of the said calls is very short period, i.e., 2 to 3 seconds only.