1
IN THE COURT OF THE PRL. ASSISTANT SESSIONS JUDGE
AT MAHABUBNAGAR.
Present:- Smt. N.Srividya, Secretary, District Legal Services Authority, Mahabubnagar. FAC: Prl. Assistant Sessions Judge, Mahabubnagar.
Monday, the 24th day of July, 2017
SESSIONS CASE No.38 OF 2017
In the Preliminary Registered Case (P.R.C.) No.53 of 2016 committed by the proceedings of the learned the Additional Judicial
Magistrate of First Class, Kalwakurthy, dt: 31-01-2017 relating to Crime
No.76 of 2015 of Police Station, Kalwakurthy for the alleged offence punishable under Section 366 of Indian Penal Code.
Prosecution: Smt. S.Madhuri,
Additional Public Prosecutor.
Defence Counsel : Sri C.Rajeev Kumar, Advocate for accused.
Name & particulars of Accused: Sri Telgamalla Rajashekar @ Lalaiah S/o Mogulaiah, aged: 28 years, caste: Mala, occu: Painter, R/o Akuthotapally village of Amangal Mandal.
Offence under Section(s): 366 of I.P.C. (Kidnapping or inducting woman to compel her marriage etc.,)
Plea of the Accused : Pleaded not guilty.
Finding of the court : Found not guilty.
Sentence or Order : The accused is found not guilty for the offence punishable under Section 366 IPC and is acquitted under Section 232 Cr.P.C. The bail bonds of accused shall stand cancelled after expiry of appeal time. There is no order as to property since no property is seized.
*** 2
The above numbered Sessions Case coming on 21-07-2017 for hearing before me, the matter having stood over for determination, the court delivered the following:-
J U D G M E N T
The accused arraigned for the offence U/Sec.366 of IPC.
2) This is a case where the father of one lady by name Ashwini i.e.
Kambalapally Yadaiah lodged a report with the police complaining that his daughter by name Ashwini aged about 17 years was pursuing her
Intermediate first year by opting Bi.P.C at New Era Junior College,
Kalwakurthy and that after completion of writing of 5 examinations regarding 5 subjects, on 18-03-2015 at about 8.30 A.M, she left the hostel and went to Y.R.M. Junior College, Kalwakurthy and wrote another examination and that she has to return back to the hostel by 12.30 noon, and that since she did not return to hostel, the hostel authorities informed Yadaiah about the same and as such, Yadaiah entertained doubt against one person by name Telgamalla Lalaiah S/o
Mogulaiah having cell phone Nos.9849977871, 9948506265 that he might have taken away his daughter Ashwini and sought for appropriate action.
3)The Judicial Magistrate of First Class, Kalwakurthy has taken the cognizance against the accused for the offence punishable under
Section 366 of I.P.C and after complying with the legal requirement of furnishing the copies under Section 207 Cr.P.C, committed the case vide committal proceedings dated 31-01-2017 to the Hon’ble Court of
Sessions, Mahabubnagar under Section 209 Cr.P.C.
3
4)The Hon’ble Principal District and Sessions Judge, Mahabubnagar, took the case on file for the alleged offence and made it over to the
Court of Assistant Sessions Judge, Mahabubnagar for trial and disposal according to law.
5)The accused was examined under Section 228 of Cr.P.C for which he denied the allegations levelled against him of the offence, pleaded not guilty of the charge framed against him for the offence under
Section 366 I.P.C. The contents of the charge were read over and explained to him in Telugu and he claimed to be tried.
6)During the course of trial, the prosecution has examined PWs.1 to 4 and got marked Exs.P1 to P5. No material objects are marked.
[
7)Since there is no incriminating material appearing in the prosecution evidence, the examination of the accused U/Sec.313 Cr.P.C is dispensed with.
8) Heard both sides.
9) Now, the point for determination is whether the prosecution proved the guilt of the accused for the offence punishable U/Sec.366 of
IPC beyond reasonable doubt?
10)The record discloses that PW-1 is the father of the alleged victim
Ashwini and he started deposing before this court that his daughter
Ashwini came home a bit late and as such, out of tension, he informed the police orally and that the police asked him to put his signature on a blank paper. By saying so, this PW-1 who is alleged defacto- complainant did not support the version of the prosecution. Though the 4 learned Additional Public Prosecutor put her efforts to bring the facts
before this court, she could not succeed. This court also observed that
Ashwini who is alleged victim also did not support the version of the prosecution, but she started deposing that the accused married her in the year 2016 and never committed any offence, much particularly kidnapping her at any point of time. She gave her date of birth as 06-07-1998. This witness also did not open her mouth against the accused. So also, PW-3 S.Sathyamaiah who is Attender of Y.R.M.
College, Kalwakurthy and PW-4 N.Venkataiah who is lorry driver by profession happening to be the eye witnesses, did not support the version of the prosecution. Though sincere efforts were put by the prosecution i.e. Additional Public Prosecutor, the charge U/Sec.366 IPC could not be proved before this court. Hence, this court has no other option than to acquit the accused from the charge levelled against him.
11)In the result, the accused is found not guilty for the offence punishable under Section 366 IPC and is acquitted under Section 232
Cr.P.C. The bail bonds of accused shall stand cancelled after expiry of appeal time. There is no order as to property since no property is seized.
Dictated to the Stenographer, transcribed by him, corrected and
pronounced by me in the open court on this the 24th day of July, 2017.
Prl. Assistant Sessions Judge, Mahabubnagar.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the Prosecution:-
PW1: K.Yadaiah :- Defacto-complainant and father of victim. PW2: K.Ashwini :- Victim PW3: S.Sathyamaiah :- Eye witness 5
PW4: N.Venkataiah :- Eye witness
For the Defence: -None-
DOCUMENTS MARKED
For the Prosecution:-
Ex.P1: Signature of PW-1 in the report. Ex.P2: Sec.161 Cr.P.C. statement of PW-1. Ex.P3: Sec.161 Cr.P.C. statement of PW-2. Ex.P4: Signature of PW-3 on crime details form. Ex.P5: Signature of PW-4 on crime details form.
For the Defence:- -Nil-
Material Objects marked -Nil-
Prl. Asst. Sessions Judge, Mahabubnagar.
6
IN THE COURT OF THE PRL. ASST. SESSIONS JUDGE,
MAHABUBNAGAR.
1. Serial No. (One) : S.C.No.38 of 2017
2. Name of the P.S. : Police Station, Kalwakurthy.
3. Description of the Accused:
Sri Telgamalla Rajashekar @ Lalaiah S/o Mogulaiah, aged: 28 years, caste: Mala, occu: Painter, R/o Akuthotapally village of Amangal Mandal.
4. Date of :
i)Occurrence18-03-2015 ii)Complaint23-03-2015 5 iii)Apprehension28-09-2016 iv)Release on bail05-10-2016
v)Commitment31-01-2017 vi)Commencement of trial22-06-2017 vii)Close of trial21-07-2017 viii)Sentence or Order24-07-2017 ix)Explanation of delayNo delay.
Prl. Asst. Sessions Judge, Mahabubnagar.
Copies Submitted to:
1. The Hon’ble Registrar (Judicial) High Court of Andhra Pradesh, Hyderabad through the District and Sessions Judge, Mahabubnagar.
2. The Director of Prosecution, Hyderabad.
3. The District Collector, Mahabubnagar.
4. The Superintendent of Police, Mahabubnagar.
Copy to:
5. The Judicial Magistrate of First Class, Jadcherla.
6. The Addl. P.P., Asst. Sessions Judge, Mahabubnagar.
Dis. No. Dt:
7