MAHADEVA M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence dated 03.12.2010 passed by the Fast Track Court-V, Bengaluru city in S.C. No. 449/2009 in convicting the appellant-accused for the offence punishable under Section 333 of IPC and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.5,000/- with default sentence that he shall further undergo simple imprisonment for a period of three months.

(2.) I have heard the arguments of the learned counsel for the appellant and the learned High Court Government Pleader for the respondent - State. Carefully perused the entire materials on record.

(3.) Learned counsel for the appellant submitted that the trial court has not properly appreciated the oral and documentary evidence on record and misconstrued itself that the offence falls under Section 333 of IPC. The material document has not been produced and marked by the prosecution which is the harbinger in this case, that is the particular bus ticket issued by the complainant in favour of the wife of accused. Therefore, the case itself falls to the ground and on that ground itself the accused is entitled to be acquitted.