IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS,
(SPECIAL MOBILE), AT KARIMNAGAR.
PRESENT: Smt. Potedar Sarala Rekha,
Judicial Magistrate of First Class,
(Special Mobile), Karimnagar. Monday, this 03rd day of February, 2025
C.C. No. 1117 OF 2019
Between : State: Represented by the Inspector of Police, Police Station, Godavarikhani II Town.
...Complainant
AND Thadem Raj Prakash, S/o. Laxminarayana, Age: 42 years, Caste: Mala, R/o. H. No.1090/A, Kyathanapalli, Ramakrishnapur village, Mandamarri Mandal, Mancherial District.
...Accused.
This case is came before me for final hearing in the presence of Sri A.Ranjith, Assistant Public Prosecuting Officer for the State and Sri K.Shravan Kumar, Advocate for accused, after perusing the case records, upon hearing the arguments on both sides and having stood over for consideration till this date, this Court has delivered the following:
:: J U D G M E N T ::
The Inspector of Police, GodavarikhaniII Town Police station filed charge sheet in Crime No.38 of 2019 against the accused for the offences punishable under Section 171E of Indian Penal Code (hereinafter referred to as “IPC”) and Sec. 123 (1) of the Representation of the People Act1951 (hereinafter referred to as "RP Act").
The brief facts of the cas e are that – 2.1.On 31.03.2019 at 2000 hrs the Complainant/Madikonda Abhinay
Kumar, S/o. Anthony, FST1 In charge, came to Police Station and lodged a petition stating that, he got phone call from AEO, Ramagundam segment
Page 2 of 12 C.C No.1117/2019/fair copy underLoksabha Peddapalli2 regarding some party candidate going in his vehicle with some gift bags, party flags and symbols at Godavari bridge on 30032019 at 1030 PM. As per the instructions of AEO, he (FSTTeam member) went to Godavari bridge and enquired the accused/Thadem Raj
Prakash, MP candidate (Peddapalli2) of "India Praja Bandhu Party" and he find out vehicle B/No. TS093457, 40 No's of gift bags, party kanduvalu, party symbols, empty (2 Nos) party membership book. The same intimation given to AEO through phone call and immediately AEO also came to the above said place and checked that the above said materials which were used for inducing the voters for MP Elections and he seized the material and made panchanama on 10.30 PM on 30032019. Hence, he submitted petition against Sri. T. Raja Prakash, Peddapalli2 India Praja Bandhu Party for further action. The delay of petition was after completion of panchanama he deposited said materials in ARO office on 1 AM at 31032019 and taken back at 6 PM on 31032019 and proceed to GDK2 Town for petition. Then, the LW1 secured two mediators LWs 4 & 5 and conducted panchanama and seized said materials under the cover of panchanama before mediators and seized materials, handed over at GDK2 Town for taking necessary action. Basing on the complaint, the PW7 HC49 of PS, GDKII Town has registered a case in Cr. NO. 38 of 2019, U/Sec. 171E of IPC, Sec. 123(1) of
RP Act and took up investigation.
2.2 LW8 further stated that, during the course of investigation, he examined and recorded the statement of LW.1 Under Section 161 Cr.PC.
Later, he visited the scene of offence and secured two mediators LW6 & LW7 and examined and recorded the statement of the witnesses Lws.2 & 3 in CD partII and later served notice under section 41A Cr.P.C to the Accused, after completion of investigation on 27052019, he filed charge sheet for the offences U/Sec U/Sec. 171E of IPC, Sec. 123(1) of RP Act, against the accused person.
Page 3 of 12 C.C No.1117/2019/fair copy
3.The case was taken on file cognizance for the offences punishable
U/Section 171E of IPC and Sec.123 (1) of the R.P Act. On appearance of the accused, copies of documents were furnished to him as contemplated under section 207 of Code of Criminal Procedure (hereinafter referred as “Cr.P.C”).
4.The accused was examined U/Sec.239 Cr.P.C., and after hearing both sides, charges were framed against the accused for the offences U/Sec. 171
E of IPC and Sec.123 (1) of the R.P Act, contents of charges are read over and explained to him in vernacular language, the accused pleaded not guilty and claimed to be tried.
5.In order to prove its case, the prosecution has examined as P.Ws 1 to 8 and Exs.P1 to P4, MO1 to MO4 are marked through them. The
Prosecution has given up the evidence of LW6.
6.After closure of the prosecution evidence, accused was examined
U/Sec.313 Cr.P.C., by explaining the incriminating material appearing against him in the prosecution evidence. The accused person denied the same and reported no defence evidence.
7.Heard both sides. Perused the entire record
8.Now the point that arises for determination is:
“Whether the prosecution has established the guilt of accused for the offences under Section 171E of IPC and Sec.123 (1) of the R.P Act, beyond reasonable doubt”?
POINT:
9. It is the case of the prosecution that, accused who is the then contesting MP candidate of India Praja Bandu Party has illegally transported gift bags, party kanduvalu, party symbols and party receipt
Page 4 of 12 C.C No.1117/2019/fair copy books to distribute the same to voters, in view of M.P Elections for gaining votes in his favour and thereby violated MCC rules.
10.1.PW1 who is one of the member of Flying squad teamI deposeddeposed in his chief examination that, in the year 2019 in view of MP electionsin his chief examination that, in the year 2019 in view of MP elections himself, one constable Ashok and one Videographer were appointed ashimself, one constable Ashok and one Videographer were appointed as flying squad members of FSTI, on 30032019, he received a phone callflying squad members of FSTI, on 30032019, he received a phone call from LW2 and he informed him that at Godavari Bridge some persons arefrom LW2 and he informed him that at Godavari Bridge some persons are carrying Party Kanduvalu, party bags in the car bearing No. TS093457,carrying Party Kanduvalu, party bags in the car bearing No. TS093457, immediately himself, said constable and videographer proceeded to theimmediately himself, said constable and videographer proceeded to the scene of offence and found presence of party kanduvas, Trumpets and partyscene of offence and found presence of party kanduvas, Trumpets and party bags. In the said car, the then contesting candidate namely Raj Prakashbags. In the said car, the then contesting candidate namely Raj Prakash was present, he informed the same to LW3, immediately LW3 reached thewas present, he informed the same to LW3, immediately LW3 reached the scene of offence inquired the said person who is present in the car, onscene of offence inquired the said person who is present in the car, on inquiry he informed that his name is Thadem Raj Prakash, the aforesaidinquiry he informed that his name is Thadem Raj Prakash, the aforesaid material is used to induce voters in MP elections to vote in favour of him.material is used to induce voters in MP elections to vote in favour of him.
Later, LW3 conducted seizure panchanama before two panchas i.e. LW4Later, LW3 conducted seizure panchanama before two panchas i.e. LW4 and said videographer and seized the Party kanduvas, Party Bags, Trumpetsand said videographer and seized the Party kanduvas, Party Bags, Trumpets and receipt books, he scribed seizure panchanama, later on the same dayand receipt books, he scribed seizure panchanama, later on the same day he deposited the seized property before Assistant Returning Officer,he deposited the seized property before Assistant Returning Officer,
Ramagundam. On the next day, receiving the seized property from Asst.Ramagundam. On the next day, receiving the seized property from Asst.
Returning officer, Ramagundam he lodged a case against accused.Returning officer, Ramagundam he lodged a case against accused.
10.2.10.2.In the cross examination, it is stated by him that, their team wasIn the cross examination, it is stated by him that, their team was formed by Collector, Peddapalli District, he has not filed any proceedingformed by Collector, Peddapalli District, he has not filed any proceeding copy along with complaint before the Police. It is further stated by him that,copy along with complaint before the Police. It is further stated by him that, they do not record daily work statements but he again added that, GPS isthey do not record daily work statements but he again added that, GPS is attached to the vehicle provided to flying squad teams, he did not filed theattached to the vehicle provided to flying squad teams, he did not filed the data of said GPS as it was managed by the Office of Collector. It is furtherdata of said GPS as it was managed by the Office of Collector. It is further stated that, they give report of any such violation of Rule of Model Code ofstated that, they give report of any such violation of Rule of Model Code of
Conduct if occurs otherwise the report will be given as Nil and that he hasConduct if occurs otherwise the report will be given as Nil and that he has
Page 5 of 12 C.C No.1117/2019/fair copy not submitted the aforesaid report to the police in the present and againnot submitted the aforesaid report to the police in the present and again added that, they usually submit the aforesaid report to the ARO,added that, they usually submit the aforesaid report to the ARO,
Ramagundam. It is further stated that, the scene of offence is a moderatelyRamagundam. It is further stated that, the scene of offence is a moderately busy and admitted that, the Scene of offence bridge is connectingbusy and admitted that, the Scene of offence bridge is connecting
Mancherial and Godavarikhani, which is SH1. He stated that, theMancherial and Godavarikhani, which is SH1. He stated that, the
Correction to wording “ARO Office” in the complaint was done by him.Correction to wording “ARO Office” in the complaint was done by him.
Further, he was present 10 minutes away from the scene of offence when heFurther, he was present 10 minutes away from the scene of offence when he received information from AEO, Ramagundam/LW2. PS, Godavarikhani isreceived information from AEO, Ramagundam/LW2. PS, Godavarikhani is 10 kms away from scene of offence. He also stated that, he did not10 kms away from scene of offence. He also stated that, he did not intimated about the alleged offence to police on the day of elections. Heintimated about the alleged offence to police on the day of elections. He admitted that, there are additions and corrections to seizureadmitted that, there are additions and corrections to seizure panchanama panchanama and he has not put his initials wherever there are additions and correctionsand he has not put his initials wherever there are additions and corrections and further admitted there is corrections to number of gift bags seized andand further admitted there is corrections to number of gift bags seized and
PC Number who stood as one of the mediator to the seizure PC Number who stood as one of the mediator to the seizure panchanamapanchanama and he has not put his initials to aforesaid corrections. He also stated that,and he has not put his initials to aforesaid corrections. He also stated that, on 30032019 at 10.30 PM they conducted seizure on 30032019 at 10.30 PM they conducted seizure panchanama, hepanchanama, he received phone call from LW3 at about 10.20 PM. PW1 admitted that, hasreceived phone call from LW3 at about 10.20 PM. PW1 admitted that, has conducted seizure conducted seizure panchanama, he did not received any acknowledgmentpanchanama, he did not received any acknowledgment receipt after depositing the seized property before ARO, Ramagundam, noreceipt after depositing the seized property before ARO, Ramagundam, no document was prepared by taking seized property from ARO, Ramagundam,document was prepared by taking seized property from ARO, Ramagundam,
ARO office is situated three KMS from scene of offence. Further stated that,ARO office is situated three KMS from scene of offence. Further stated that, he handed over the seized property at the ARO office at 1 AM on 31032019he handed over the seized property at the ARO office at 1 AM on 31032019 and that he received the same on 31032019 at 06.30 PM, no member ofand that he received the same on 31032019 at 06.30 PM, no member of their team was deputed at the ARO, Office and he denied all the formaltheir team was deputed at the ARO, Office and he denied all the formal suggestions.suggestions.
11.1.PW2 who is Assistant Expenditure Observer, deposed in his chiefdeposed in his chief examination that, in the year 2019 in view of MP elections he was appointedexamination that, in the year 2019 in view of MP elections he was appointed by Collector, Peddapalli as Asst. Expenditure observer, on 30032019, heby Collector, Peddapalli as Asst. Expenditure observer, on 30032019, he received a phone call from LW3 informing him that while they arereceived a phone call from LW3 informing him that while they are
Page 6 of 12 C.C No.1117/2019/fair copy conducting vehicle check at Godavari Bridge they have found one car inconducting vehicle check at Godavari Bridge they have found one car in which one person carrying Party Kanduvalu, Pumphet, party bags in the carwhich one person carrying Party Kanduvalu, Pumphet, party bags in the car bearing No. AP093457, immediately he made a phone call to PW1 to visitbearing No. AP093457, immediately he made a phone call to PW1 to visit the scene of offence and report him, accordingly PW1 visited the scene ofthe scene of offence and report him, accordingly PW1 visited the scene of offence, after inquiry he made a phone call to him, immediately he went tooffence, after inquiry he made a phone call to him, immediately he went to the scene of offence, by the time he reached there, in the said car, the thenthe scene of offence, by the time he reached there, in the said car, the then contesting candidate namely Raj Prakash was present along with Partycontesting candidate namely Raj Prakash was present along with Party
Kanduvalu, Pumphet party bags, he inquired the said person who is presentKanduvalu, Pumphet party bags, he inquired the said person who is present in the car, on inquiry he informed that his name is Thadem Raj Prakash,in the car, on inquiry he informed that his name is Thadem Raj Prakash, the aforesaid material is used to induce voters in MP elections to vote inthe aforesaid material is used to induce voters in MP elections to vote in favour of him. Later on the same day they deposited the seized propertyfavour of him. Later on the same day they deposited the seized property
before Asst. Returning Officer, Ramagundam, on the next day, receiving thebefore Asst. Returning Officer, Ramagundam, on the next day, receiving the
seized property from Asst. Returning officer, Ramagundam PW1 lodged aseized property from Asst. Returning officer, Ramagundam PW1 lodged a case against the accused.case against the accused.
11.2.11.2.In the cross examination, it is stated by him that, he did not fileIn the cross examination, it is stated by him that, he did not file any proceeding copy along with complaint before the Police. It is furtherany proceeding copy along with complaint before the Police. It is further stated that, they record daily work statements and submit the same tostated that, they record daily work statements and submit the same to observer and Collector, he did not filed the aforesaid daily work statementsobserver and Collector, he did not filed the aforesaid daily work statements and that Flying squad team also prepares daily work done statements andand that Flying squad team also prepares daily work done statements and submit the same to him, accordingly PW1 also submitted his daily worksubmit the same to him, accordingly PW1 also submitted his daily work done statement on the day of alleged offence to hime, he did not handeddone statement on the day of alleged offence to hime, he did not handed over the same to the Police. It is also stated by PW2 that, at the time heover the same to the Police. It is also stated by PW2 that, at the time he reached scene offence, seizure panchanama was already prepared, hereached scene offence, seizure panchanama was already prepared, he received phone call from LW3/J. Raji Reddy at about 10.30 PM,received phone call from LW3/J. Raji Reddy at about 10.30 PM, immediately he informed the same to PW1. It is further stated that, he didimmediately he informed the same to PW1. It is further stated that, he did not inquired about the party of the person found in the car and symbol ofnot inquired about the party of the person found in the car and symbol of the party, those details will be collected by Flying squad team, hethe party, those details will be collected by Flying squad team, he accompanied PW1 to the police station on 31032019 at 10.30 PM andaccompanied PW1 to the police station on 31032019 at 10.30 PM and denied all the formal suggestions.denied all the formal suggestions.
Page 7 of 12 C.C No.1117/2019/fair copy 12.1.12.1.PW3 who is SST Team incharge and who caught hold thePW3 who is SST Team incharge and who caught hold the
Accused, deposed in his chief examination that, on 30032019 at aboutAccused, deposed in his chief examination that, on 30032019 at about 1030 hours while they are conducting vehicle check at Godavari Bridge,1030 hours while they are conducting vehicle check at Godavari Bridge, they found one car in which one person carrying Party Kanduvalu,they found one car in which one person carrying Party Kanduvalu,
Trumpet, party bags and Two Receipt Books in the car bearing No. TS09Trumpet, party bags and Two Receipt Books in the car bearing No. TS09 3457, immediately he made a phone call to PW2, later, PW1 and PW2 came3457, immediately he made a phone call to PW2, later, PW1 and PW2 came there, they have seized Vehicle along with the above said property and theythere, they have seized Vehicle along with the above said property and they have handed over the seized property to the police station. have handed over the seized property to the police station.
12.2.In the cross examination, PW3 denied that, he did not done anyIn the cross examination, PW3 denied that, he did not done any vehicle check on the day of alleged offence, no car was found in the scene ofvehicle check on the day of alleged offence, no car was found in the scene of offence and accused was not in the alleged car, on the instigation of the hisoffence and accused was not in the alleged car, on the instigation of the his higher officials he is deposing false. higher officials he is deposing false.
13.1.13.1. PW4 who is one of the member of SST Team and panch to the PW4 who is one of the member of SST Team and panch to the seizure panchanama, deposed in his chief examination that, onseizure panchanama, deposed in his chief examination that, on 30032019, while he was rendering his duty as a team member in Static30032019, while he was rendering his duty as a team member in Static
Surveillance Team at Godavari Bridge within limits of Godavarikhani IISurveillance Team at Godavari Bridge within limits of Godavarikhani II
Town, PS, in the afternoon hours, one Jeep bearing TS093457 was comingTown, PS, in the afternoon hours, one Jeep bearing TS093457 was coming from Mancherial and proceeding towards to Godavarikhani, they stoppedfrom Mancherial and proceeding towards to Godavarikhani, they stopped the said vehicle and checked it, upon which they found 40 Gift Bags,the said vehicle and checked it, upon which they found 40 Gift Bags,
Kanduvas of Indian Praja Bandh party, Two trumphets and Two EmptyKanduvas of Indian Praja Bandh party, Two trumphets and Two Empty receipt books pertaining to the aforesaid party. Immediately, their teamreceipt books pertaining to the aforesaid party. Immediately, their team members, ASI informed the same to Returning officer/AEO, Ramagundam,members, ASI informed the same to Returning officer/AEO, Ramagundam, immediately he has sent PW1 who was the member of FST1 to the scene ofimmediately he has sent PW1 who was the member of FST1 to the scene of offence and conducted vehicle check and found Thadem Rajprakash wasoffence and conducted vehicle check and found Thadem Rajprakash was found in the Jeep, he has inquired the accused on which he has stated thatfound in the Jeep, he has inquired the accused on which he has stated that he was carrying those Gift bags to donate to school children which belongshe was carrying those Gift bags to donate to school children which belongs to him at Khagaznagar. Thereafter, PW2/AEO also reached scene of offence,to him at Khagaznagar. Thereafter, PW2/AEO also reached scene of offence, observed scene of offence, seized aforesaid Gift bags, Kanduvas of Indianobserved scene of offence, seized aforesaid Gift bags, Kanduvas of Indian
Praja Bandh party, Two trumpets and Two Empty receipt books pertainingPraja Bandh party, Two trumpets and Two Empty receipt books pertaining
Page 8 of 12 C.C No.1117/2019/fair copy to the aforesaid party in his presence and also LW5 under the cover Seizureto the aforesaid party in his presence and also LW5 under the cover Seizure
Panchanama. Later, handed over the seized property to FSTI Team. Panchanama. Later, handed over the seized property to FSTI Team.
13.2.13.2.In the cross examination, PW4 stated that, their SST Team wasIn the cross examination, PW4 stated that, their SST Team was formed by PW2/AEO, their team is consisting of himself, PW3 and oneformed by PW2/AEO, their team is consisting of himself, PW3 and one
Rajkumar, no copy of proceedings of formation of SST Team was filed beforeRajkumar, no copy of proceedings of formation of SST Team was filed before the court. It is admitted by PW4 that, the nomenclature of Ex.P2 was notthe court. It is admitted by PW4 that, the nomenclature of Ex.P2 was not mentioned as Seizure pachanama, Ex.P2/Seizure Panchanama wasmentioned as Seizure pachanama, Ex.P2/Seizure Panchanama was prepared by PW1. It is further stated that, when the vehicle was stoppedprepared by PW1. It is further stated that, when the vehicle was stopped and checked himself, PW3 and LW5 were alone present, Ex.P2/Seizureand checked himself, PW3 and LW5 were alone present, Ex.P2/Seizure
Panchanama was prepared at around 11.30 PM, he do not know who madePanchanama was prepared at around 11.30 PM, he do not know who made corrections to his PC number in Ex.P2, he do not know who prepared Ex.P2.corrections to his PC number in Ex.P2, he do not know who prepared Ex.P2.
It is further admitted that, on the bags seized there is nothing mentionedIt is further admitted that, on the bags seized there is nothing mentioned and denied all formal suggestions.and denied all formal suggestions.
14.1.14.1.PW5 who is another panch witness to the confessionPW5 who is another panch witness to the confession panchanama, deposed in his chief examination that, oon 30032019, whenpanchanama, deposed in his chief examination that, n 30032019, when he was present at Godavari Bridge towards Mancherial road, Election teamhe was present at Godavari Bridge towards Mancherial road, Election team
SST was also present there, while they were conducting vehicle checkSST was also present there, while they were conducting vehicle check stopped one Jeep bearing TS093457 which was coming from Mancherialstopped one Jeep bearing TS093457 which was coming from Mancherial and proceeding towards to Godavarikhani and checked it, upon which theyand proceeding towards to Godavarikhani and checked it, upon which they were found Gift Bags, Kanduvas of Indian Praja Bandh party, Two Trumpetswere found Gift Bags, Kanduvas of Indian Praja Bandh party, Two Trumpets and Two Empty receipt books pertaining to the aforesaid party,and Two Empty receipt books pertaining to the aforesaid party, immediately, they have informed to their higher officials immediately theyimmediately, they have informed to their higher officials immediately they have reached scene of offence PW1 and PW2 observed scene of offencehave reached scene of offence PW1 and PW2 observed scene of offence enquired the person who was present in aforesaid vehicle, on enquiry heenquired the person who was present in aforesaid vehicle, on enquiry he has stated his name as Thadem Raj prakash/accused, seized aforesaid Gifthas stated his name as Thadem Raj prakash/accused, seized aforesaid Gift bags, Kanduvas of Indian Praja Bandh party, Two trumpets and Two Emptybags, Kanduvas of Indian Praja Bandh party, Two trumpets and Two Empty receipt books pertaining to the aforesaid party in his presence and Pw4receipt books pertaining to the aforesaid party in his presence and Pw4 under the cover Seizure Panchanama, later, handed over the seized propertyunder the cover Seizure Panchanama, later, handed over the seized property to FSTI Team. to FSTI Team.
Page 9 of 12 C.C No.1117/2019/fair copy 14.2.14.2.In the cross examination, PW5 stated that, he worked as helperIn the cross examination, PW5 stated that, he worked as helper to the SST team at the time of alleged offence, he was paid Rs.750/ on dailyto the SST team at the time of alleged offence, he was paid Rs.750/ on daily basis, his duty in SST team was to take videograph of alleged incident, hebasis, his duty in SST team was to take videograph of alleged incident, he videographed the alleged incident and the same was handed over to PW2.videographed the alleged incident and the same was handed over to PW2.
and that he do not know who scribed Ex.P2. It is further stated that,and that he do not know who scribed Ex.P2. It is further stated that,
Panchanama was prepared at 1030 pm on 30.03.2019 and that at the timePanchanama was prepared at 1030 pm on 30.03.2019 and that at the time of alleged incident PW3/Raji Reddy, PW4/Ashok and one Prashanth wereof alleged incident PW3/Raji Reddy, PW4/Ashok and one Prashanth were present at scene of offence and denied all formal suggestions.present at scene of offence and denied all formal suggestions.
15.1.15.1. PW6 who is panch witness to the Crime Detail Form, deposed in PW6 who is panch witness to the Crime Detail Form, deposed in his chief examination that, on 01.04.2019 at about 10.00 AM, he washis chief examination that, on 01.04.2019 at about 10.00 AM, he was present at Godavari Bridge towards Mancherial road, Godavarikhani, hepresent at Godavari Bridge towards Mancherial road, Godavarikhani, he was called by Police Godavarikhani IITown and enquired about allegedwas called by Police Godavarikhani IITown and enquired about alleged incident. Prepared Crime Detail Form in his presence, after read over theincident. Prepared Crime Detail Form in his presence, after read over the contents he endorsed his signature along with LW6.contents he endorsed his signature along with LW6.
15.2.15.2.In the cross examination, it is stated by him that, Crime DetailIn the cross examination, it is stated by him that, Crime Detail
Form/Ex.P3 was written by police Godavarikhani II Town, there were 15 toForm/Ex.P3 was written by police Godavarikhani II Town, there were 15 to 20 persons present at scene of offence, 20 persons present at scene of offence, the scene of offence is high way andthe scene of offence is high way and busy area and that he resided at 8incline colony, Godavarikhani and deniedbusy area and that he resided at 8incline colony, Godavarikhani and denied the suggestion as to preparation of Crime Details Form in his presence.the suggestion as to preparation of Crime Details Form in his presence.
16.1.PW7 who is first investigating officer deposed in his chief examination in line with the contents of charge sheet, hence, to avoid the repetition they are not discussed again.
16.2. In the cross examination by learned counsel for accused he stated that, hewas under duty as Station House officer since 2.00 PM to 11.00 PMwas under duty as Station House officer since 2.00 PM to 11.00 PM on 31032019, the distance between scene of offence and Police Station,on 31032019, the distance between scene of offence and Police Station,
Godavarikhani II Town is 15 Kms and the distance between AEO office andGodavarikhani II Town is 15 Kms and the distance between AEO office and
Police Station, GodavarikhaniII Town is 12 Kms. It is admitted by him that,Police Station, GodavarikhaniII Town is 12 Kms. It is admitted by him that, as per complaint/Ex.P1, panchanama was prepared on 30032019 atas per complaint/Ex.P1, panchanama was prepared on 30032019 at
Page 10 of 12 C.C No.1117/2019/fair copy 10.30 PM, on the same day, he visited the scene of offence and examined10.30 PM, on the same day, he visited the scene of offence and examined
PW1 to PW3. It is further stated by PW7 that, he did not receive any writtenPW1 to PW3. It is further stated by PW7 that, he did not receive any written information with regard to the present alleged offence before the complaintinformation with regard to the present alleged offence before the complaint by PW1 and that, as per his investigation PW1 conducted panchanama. Heby PW1 and that, as per his investigation PW1 conducted panchanama. He further stated that, PW3 not stated that, he has seized car from the accusedfurther stated that, PW3 not stated that, he has seized car from the accused and handed over the seized car before Police Station, GodavarikhaniII Townand handed over the seized car before Police Station, GodavarikhaniII Town and that, as per his investigation no car was seized, no proceeding copy ofand that, as per his investigation no car was seized, no proceeding copy of
FST team was collected by him. He denied the suggestions as toFST team was collected by him. He denied the suggestions as to preparation of panchanama by PW1, Crime Details Form and filing of falsepreparation of panchanama by PW1, Crime Details Form and filing of false case against the accused.case against the accused.
17.1.PW8 who is another Investigating officer and filed charge sheet has deposed that on 27.05.2019, he took investigation from PW8, verified the investigation done by him found it tobe in correct lines. During the course of investigation, he deposited the seized case property of 40 gift bags, party kanduvalu, 2 trumpets, 2 party receipt books before the court and after completion of investigation, he filed charge sheet under Section 171E of IPC and Sec. 123(1) of Peoples Representative Act, 1951 against the accused.
17.2.In the cross examination it is stated by him that, he has not collected any CD of alleged incident from PW1, no video of surveillance was collected from FSTI Team. He denied the suggestions as to depositing of property before the court and filing of charge sheet.
18.On perusal of seizure panchanama/Ex.P2, the panch witnesses for the seizure panchanama were P.Ws 4 and 5. PW4 who is SST team member and PW5 who is the another panch witness, though shown as independent witness, in the cross examination it is stated by him that, he worked as helper to the SST team at the time of alleged offence and he was paid Rs.750/ on daily basis and he do not know who scribed the seizure
Page 11 of 12 C.C No.1117/2019/fair copy panchanama and after entire Ex.P2/seizure panchanama was written, he endorsed his signature on the instructions of PW1, as such, there is no independent witness to the seizure panchanama, hence, it raises a doubt with regard to the seizure of the alleged property. Moreover, on perusal of
M.O1, there is nothing written on the bag, hence, it raises a doubt whether the property was seized from the possession of the accused, hence, benefit of doubt should necessarily goes to accused, as such, he is entitled for acquittal. Point is answered accordingly in favour of the accused.
19.In the result, accused is found not guilty for the offences 171E of IPC and Sec.123 (1) of R.P Act. Accordingly, he is acquitted under Section 248(1) of Cr.P.C. The bail bonds of accused shall stand cancelled after expiry of appeal time. MO.1 to MO.4 shall be destroyed after appeal time.
Typed to my dictation, corrected and pronounced by me in the open court on this the 03rd day of February, 2025.
Sd/
Judicial Magistrate of First Class,
(Special Mobile), Karimnagar.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTION: FOR DEFENCE: PW1 M. Abhinav Kumar None PW2 M. Jayaprakash Reddy PW3 J. Raji Reddy PW4 R. Ashok PW5 Md. Khaja Mohinuddin PW6 K. Sadhanandam PW7 G. Ravi Kumar PW8 G. Venkateshwarlu
EXHIBITS MARKED
FOR PROSECUTION: Ex.P1 Complaint Ex.P2 Seizure Panchanama, dt: 30032019. Ex.P3 Crime Detail Form Ex.P4 First Information Report
Page 12 of 12 C.C No.1117/2019/fair copy
FOR DEFENCE: Nil. MATERIAL OBJECTS: MO.1 40 Gift Bags MO.2 Kanduvas of Indian Praja Bandh Party MO.3 Two Trumphets MO.4 Two Empty Receipt books.
Sd/
Judicial Magistrate of First Class,
(Special Mobile), Karimnagar.