1 Judgment in CC 68/2022, Dt:10.11.2025
IN THE COURT OF ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS: REPALLE.
PRESENT: Ms.V. GEETHA BHARGAVI,
ADDL. JUDICIAL MAGISTRATE OF I CLASS, REPALLE
MONDAY, THIS THE 10TH DAY OF NOVEMBER, 2025.
C.C.No.68/2022
Between: State represented by its, Sub-Inspector of Police, Repalle Town P.S.
….. Complainant
Vs
Bellamkonda Rajesh S/o. Rambabu, 19 years, C/Gowda, 10th Ward, Basavapunnaiah Street, Repalle Town.
….. Accused
This calendar case is coming before me for final hearing on 10.11.2025 in the presence of Smt. K. Jyothi, Assistant Public Prosecutor for complainant/ State and Sri D.S.Hari Kumar, Advocate for accused, upon hearing both sides, upon perusing the entire material on record and having stood over for consideration to this day, this court delivered the following:-
:: J U D G M E N T ::
State represented by Sub-Inspector of Police, Repalle Police Station laid charge sheet against the accused in Crime No.292/2021 for the offence punishable U/Sec.363 I.P.C.
02. The case of the prosecution as set out in the charge sheet, in brief, as follows :
a) P.W.1/Seelam Somaiah is the defacto-complainant in this case. P.W.3 is the victim. P.W.2 is the wife of P.W.1. P.Ws.1 and 2 are the parents of P.W.3.
P.Ws.1 to 3 and accused are residents of Repalle Town. P.W.3 is studying
Senior Intermediate in Sri Chaitanya Junior College, Repalle and she fell in 2 Judgment in CC 68/2022, Dt:10.11.2025 love with the accused, while studying 10th class. So many times, accused phoned to P.W.3, on knowing the same, P.W.1 warned the accused and infromed the same to kith and kin of the accused, but they did not take care of the accused. While so, on 05.10.2021 at about 04:30 a.m., the father of P.W.1 i.e. L.W.3/Seelam Kotaiah saw the accused stood near their house, he quetioned the accused, as to why he was there at that time, but the accused without giving any reply fled away from there on his bike, then, L.W.3 came inside the house and found P.W.3 was not there in the house and informed the same to P.W.1. P.W.1 enquired and learnt that the accused might have took away his daughter i.e. P.W.3 towards Tenali.
b) Basing on the report of P.W.1, L.W.13/HC-2924, V.Rambabu,
Repalle P.S., registered the same as a case in Crime No.292/2021 under Girl
Missing and investigated into. During the course of investigation, L.W.19/HC- 2924 of Repalle P.S., visited the scene of offence, observed the same, prepared rough sketch of the scene of offence, examined PWs.1, 2 and L.W.3/Seelam
Kotaiah and recorded their statements. Thereafter, on 06.10.2021 at morning hours, when accused and P.W.3 were taking tiffin at the foot path, near Tenali
RTC bus stand, the relatives of accused i.e. L.Ws.7 and 8/Uppala Nagaraju and Sammit Nancharaiah found them and while bringing them to produce
before the Repalle police, LWs.5 and 6/Seelam Ambedkar and Bejjam Sudheer
saw them and questioned LWs.7 and 8 and learnt the fact and followed them 3 Judgment in CC 68/2022, Dt:10.11.2025 to Repalle police station and produced before the police, at that time accused fled away from their clutches, they handed over P.W.3 in police station.
c)Thereafter, LW.14/SI of Police, Repalle P.S., took up investigation in this case by verifying the investigation done by LW.13 is found on correct lines and during further investigation, examined, recorded the statements of
P.W.3. On 06.10.2021, examined, recorded the statements of LWs.5 and 6/
Seelam Ambedkar and Bejjam Sudheer and re-examined P.Ws.1 to 3 and LW.3 and recorded their statements. Thereafter, LW.14/SI of Police, Repalle P.S., altered the section fo law from Girl Missing into Sec.366 IPC and Sec.12 of
POSCO Act,2012 as per the facts elicited in the statement of P.W.3 and filed memo before the Hon’ble Court. On 07.10.2021, LW.14/SI of Police, Repalle
Town P.S., arrested the accused at his house and seized the Crime vehicle bearing No.AP-07-DY-3711 in the presence of LWs.9 and 10/Dokku Yelisha
Baby and Gali Lakshaman, send him to Hon’ble Court for judicial remand.
Thereafter, basing on the requisition of LW.14/SI of Police, Repalle Town P.S.,
LW.11/Smt. J.Sri Seetha, Hon’ble II Addl. Judicial Magistrate of I Class, Tenali recorded the statement of victim/P.w.3 under Sec.164 Cr.P.C. LW.15/SI of
Police, Repalle P.S., resumed further investigation in this case on the eve of transfer of LW.14. After completion of further investigation, LW.15/SI of
Police, Repalle P.S., laid charge sheet against the accused for the offence punishable under Sec.363 IPC. Hence, the Charge.
4 Judgment in CC 68/2022, Dt:10.11.2025
03.Basing on the charge sheet allegations and on perusal of the other material available on record, this court took cognizance for the offence punishable under Sec.363 I.P.C. against the accused.
04.On appearance of accused, copies of case documents were furnished to him as contemplated under Sec.207 Cr.P.C.
05.Accused was examined under Sec.239 Cr.P.C. Accused was denied the accusation made against him. Charge U/Sec.363 IPC. against accused has been framed and the contents of the said charge were read over and explained to him in Telugu, for which, he pleaded not guilty and claimed to be tried.
6.During trial, in order to substantiate its case, the prosecution has examined P.Ws.1 to 3 and got marked Exs.P1 to P4. Since the material witnesses i.e. P.Ws.1 to 3 did not support the case of the prosecution and hence, learned Assistant Public Prosecutor given up the evidence of LWs.3, 5 to 15/Seelam Kotaiah, Seelam Ambedkar, Bejjam Sudheer, Uppala Nagaraju,
Sammiti Nancharaiah, Dokku Yelisha Baby, Gali Lakshaman, Smt. J. Sri
Seetha, II Addl. Judl. First Class Magistrate, Tenali, WASI-2815, N.
Kanikaramma, WASI of Bhattiprolu P.S., V.Rambabu, HC-2924 of Repalle P.S.,
K.Chanakya, SI of Police, Repalle P.S., and Sk.Abdul Rajak, SI of Police,
Repalle P.S.
07.Since no incriminating material appearing in the evidence of
P.Ws.1 to 3 against the accused and hence, examination of accused under 5 Judgment in CC 68/2022, Dt:10.11.2025
Sec.313 Cr.P.C. is dispensed with.
08.Heard arguments of learned Assistant Public Prosecutor and learned counsel appearing for accused. Perused the material on record.
09.Now, the point for determination is:- “Whether the prosecution could able to bring home guilt of accused for the offence punishable under Sec.363 IPC beyond all reasonable doubt?”
10.POINT:
In order to bring home guilt of accused, the prosecution has examined P.Ws.1 to 3 and got marked Exs.P1 to P4. According to the prosecution, P.W.1 is the defacto-complainant. P.W.2 is the wife of P.W.1. P.W.3 is the victim and daughter of P.Ws.1 and 2. As can be seen from the evidence of P.Ws.1 to 3, they did not support the case of the prosecution and turned hostile to the case of the prosecution. P.W.1 in his evidence deposed that about three years back, he went to police station on his personal work, at that time police obtained his signature on some blank papers. He identified his
Ex.P1/signature on the report given to the police. P.Ws.1 to 3 deposed that they does not know anything about the facts relating to this case. They deposed that police never examined them and recorded their statements. As
P.Ws.1 to 3 did not support the case of the prosecution and they showed volt face to the case of the prosecution, learned Assistant Public Prosecutor requested the court to declare P.Ws.1 to 3 as hostile witnesses and also 6 Judgment in CC 68/2022, Dt:10.11.2025 requested the court to grant permission to cross-examine P.Ws.1 to 3. During cross-examination of P.Ws.1 to 3 done by learned Assistant Public Prosecutor, they denied to have stated before the police as in Exs.P2 to P4, which are their respective Sec.161 Cr.P.C. Statements. They further deposed that at the instance of elders they settled the issues and accused married P.W.3 and living happily.
11.Since the material witnesses i.e. P.Ws.1 to 3 did not support the case of the prosecution and turned hostile to the case of the prosecution, learned Assistant Public Prosecutor rightly given up the evidence of LWs.3, 5 to 15/Seelam Kotaiah, Seelam Ambedkar, Bejjam Sudheer, Uppala Nagaraju,
Sammiti Nancharaiah, Dokku Yelisha Baby, Gali Lakshaman, Smt. J. Sri
Seetha, II Addl. Judl. First Class Magistrate, Tenali, WASI-2815, N.
Kanikaramma, WASI of Bhattiprolu P.S., V.Rambabu, HC-2924 of Repalle P.S.,
K.Chanakya, SI of Police, Repalle P.S., and Sk.Abdul Rajak, SI of Police,
Repalle Police Station. In the absence of evidence of P.Ws.1 to 3, even if
L.Ws.3, 5 to 15 are examined before the Court, no useful purpose would be served. Since no incriminating material appearing in the evidence of P.Ws.1 to 3 against the accused, this court dispensed with the examination of accused
U/sec.313 I.P.C. As can be seen from the evidence of P.Ws.1 to 3, they compromised the matter with the accused in the presence of elders and accused married PW3 and they are living happily. In this case, absolutely, no 7 Judgment in CC 68/2022, Dt:10.11.2025 case is made out against the accused for the offence U/Sec.363 I.P.C.
12.In view of the above discussion, the prosecution failed to bring home the guilt of accused for the offence punishable U/Sec.363 I.P.C. and accused is entitled for acquittal. The point is answered accordingly in favour of the defence and against the prosecution.
13.In the result, accused is found not guilty for the offence punishable under Sec.363 of I.P.C., and accordingly, he is acquitted under
Sec.248(1) Cr.P.C., The bail bonds of accused shall be in force for a period of six months under Sec.437-A Cr.P.C. The unmarked property i.e. Hero
Glamour Bike bearing registration No.AP-07-DY-3711, which was given interim custody to its original owner as per Orders in Crl.M.P.318/2022,dt.09.02.2022 shall holds good.
Dictated to the stenographer Gr.III, transcribed by him, corrected and
pronounced by me in open court, this the 10th day of November, 2025.
Sd/- V. Geetha Bhargavi
ADDL. JUDICIAL MAGISTRATE OF I CLASS,
REPALLE.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Prosecution: For Defence: P.W.1/dt.10-11-2025 – Seelam Somaiah- NONE- P.W.2/dt.10-11-2025 – Seelam Sukanya P.W.3/dt.10-11-2025 – Seelam Pallavi
EXHIBITS MARKED
For Prosecution: Ex.P.1:Signature of P.W.1 on the report given to Repalle P.S., Ex.P.2:Sec.161 Cr.P.C. Statement of P.W.1. Ex.P.3:Sec.161 Cr.P.C. Statement of P.W.2. Ex.P.4:Sec.161 Cr.P.C. Statement of P.W.3.
8 Judgment in CC 68/2022, Dt:10.11.2025
For Defence: Nil.
MATERIAL OBJECTS MARKED
- Nil -
Sd/- V. Geetha Bhargavi
ADDL. JUDICIAL MAGISTRATE OF I CLASS,
REPALLE.
9 Judgment in CC 68/2022, Dt:10.11.2025
CALENDAR AND JUDGMENT
IN THE COURT OF ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS: REPALLE.
C.C.NO.68/2022
01. Date of offence: 05-10-2021
02. Date of Complaint : 05-10-2021
03. Date of Apprehension of accused: 07-10-2021
04. Release on bail: 08-10-2021
05. Commencement of trial: 10-11-2025
06. Closure of trial: 10-11-2025
07. Date of Judgment : 10-11-2025
08. Name of the complainant: State represented by its, Sub-Inspector of Police, Repalle P.S.
09. Name of the accused : Bellamkonda Rajesh S/o. Rambabu, 19 years, C/Gowda, 10thWard, Basavapunnaiah Street, Repalle Town
10. Offence: U/Sec.363 I.P.C.
11. Plea of the accused : Not guilty
12. Finding : Not guilty
13. Sentence : accused is found not guilty for the offence punishable under Sec.363 of I.P.C., and accordingly, he is acquitted under Sec.248(1) Cr.P.C., The bail bonds of accused shall be in force for a period of six months under Sec.437-A Cr.P.C. The unmarked property i.e. Hero Glamour Bike bearing registration No.AP-07-DY-3711, which was given interim custody to its original owner as per Orders in
Crl.M.P.318/2022,dt.09.02.2022 shall holds good.
14.Explanation for delay: This case was taken on file on 31.01.2022. Copies of case documents furnished to accused on 10-04-2024 and on 10.11.2025,, accused was examined U/sec.239 of Cr.P.C. for the charge U/Sec.363 I.P.C., and on the same day P.Ws.1 to 3 were examined, Exs.P1 to P4 were marked, as P.Ws.1 to 3 did not support the case of the prosecution, learned A.P.P. given up the evidence of LWs.3, 5 to 15. As there is no incriminating evidence in the evidence of P.Ws.1 to 3 against the accused, the examination of accused U/sec.313 Cr.P.C. is dispensed with., and heard arguments. Judgment delivered on the same day I.e. 10.11.2025. Hence, the delay.
Sd/- V. Geetha Bhargavi
ADDL. JUDICIAL MAGISTRATE OF I CLASS,
REPALLE.
Copy submitted to: The Hon'ble Chief Judicial Magistrate, Guntur.