IN THE COURT OF THE JUDICIAL MAGISTRATE 1st CLASS
DIBRUGARH, ASSAM
GR CASE NO-2398/10
u/s 279/294/509/34 IPC
THE STATE OF ASSAM ------Sri Yuvraj Mazumder
Sri Nayan J Sarmah --(Informant).
-Vs-
1. SRI ABHNASH BARUAH
2. SRI PRABIR DHALIWAR
3. SRI PRITAM SHARMA
4. SRI GAURAV ARORA &
5. SRI AMIT JAIN ------Accused persons.
PRESENT: NUR MUHAMMAD ABDULLAH AHMED
JUDICIAL MAGISTRATE 1ST CLASS
DIBRUGARH, ASSAM
APPEARANCE:
(1) Mr H. K. Gogoi ----- Ld Addl. PP for the State.
(2) Mr B. Rajkonwar & Mr U Raut ----- Ld Counsel for the accused Persons.
EVIDENCE RECORDED ON ------05/01/12 & 08/02/12.
ARGUMENTS HEARD ON ------19/03/12.
JUDGMENT DELIVERED ON ------31/03/12.
J U D G M E N T
1. The prosecution story in brief is that on 04/12/10, one Sri Yuvaraj Mazumder and Sri Nayan Jyoti Sarmah lodged an ejahar with the Dibrugarh P.S to the effect that for the past few days few boys in a black Ascent Car bearing registration number AS/06/D-0600 have been behaving in a very abusive way by driving that car very fast and by playing loud music in front of the girls’ Hostel. They have also been teasing and molestating the girl students and female doctors. On that day at about 7 p.m, those boys namely, Sri Abhinav Baruah, Sri Gaurav Arora, Sri Pritam Sarmah, and Sri Prabir Dhalibar were caught red handed when they were teasing and molestating girl students. Hence the case.
2. On receipt of the ejahar, Dibrugarh P.S case no-725/2010 u/s 279/294/509/354/34 IPC was registered against the accused persons namely, Sri Abhinav Baruah, Sri Gaurav Arora, Sri Pritam Sarmah, and Sri Prabir Dhalibar and the investigation into the case was commenced. After the completion of the usual investigation, charge sheet u/s 279/294/509/34 IPC was submitted against the accused persons namely, Sri Abhinav Baruah, Sri Gaurav Arora, Sri Pritam Sarmah, Sri Prabir Dhalibar and Sri Amit Jain, to stand the trial.
3. Trial of the case was commenced. After the appearance of the accused persons, relevant copies were furnished to them. Both the sides were heard on the point of charge and the Court found materials to proceed u/s 279/294/509/34 IPC against the above-named accused persons. On being read over and explained the particulars of offences under the above-mentioned provisions, the accused persons pleaded not guilty and claimed to face the trial.
4. To bring home its charges, the prosecution side examined as many as four (4) witnesses. Considering the nature of evidences adduced by these vital PWs, the prosecution verbally prayed for the closure of prosecution evidence. The Court also found that it would be futile to proceed with the examination of the I.O on the face of the depositions of the PWs. As such the examination of the I.O was dispensed with and the prosecution evidence was closed. Accused persons were not required to be examined u/s 313 Cr PC. The defence side declined to adduce any evidence in its defence. I have also heard the arguments of both the sides.
5. POINTS FOR DETERMINATION:
After the perusal of the case record, I have found the following points to be determined:
I) Whether the accused persons, in furtherance of their common intention, drove their black Ascent Car bearing registration number AS/06/D-0600 in a rash and negligent manner on 04/12/10 as alleged?
II) Whether the accused persons, in furtherance of their common intention, used obscene languages on the girl students and female doctors of the A.M.C.H, Dibrugarh?
III) Whether the accused persons, in furtherance of their common intention, uttered words or made sound or gestures on the girl students and female doctors of the A.M.C.H, Dibrugarh, intending to insult their modesty ?
APPRECIATION OF EVIDENCE, DECISION AND REASONS THEREOF:
6. To determine the above mentioned points and to reach a judicial decision on the same, the Court has at its disposal the depositions of four (4) PWs namely, Sri Nayan Jyoti Sarmah as PW-1, Sri Yuvaraj Mazumder as PW-2, Sri Madan Mech as PW-3 and Sri Bablu Chetri as PW-4. Considering the nature of evidences adduced by the PWs, let me now discuss the germane evidence on record to determine the above-mentioned points at one go.
POINT NO- 1, 2 & 3:
7. PW-1 Sri Nayan Jyoti Sarmah, who is the co-informant of this case, stated in his deposition that on 04/12/10 at about 6.30 in the night, while he along with so many other students were taking coffee, they heard some hue and cry from the direction of Girls’ Hostel of AMCH and when they reached there, they found that the people have caught hold of some boys. The students who gathered there told that for the past few days some boys in a black Ascent Car have been behaving in a very abusive way by playing loud music in front of the Girls’ Hostel and were using obscene language on the occupants of girls’ hostel. Then he, being the Secretary and Sri Yuvaraj, being the President of the AMCH Students’ Union informed the Principal of AMCH about the incident and as per the advice of the Principal, they lodged an ejahar. Prosecution exhibited the ejahar as Ext-1 and the signature of PW-1 as Ext-1(1). During cross-examination, he admitted that he didn’t witness the incident. He admitted that around 50/60 people gathered in the place of occurance. PW-2 Sri Yuwaraj Mazumder, who is the co-informant, stated in the same line as that of PW-1. During cross-examination, he admitted that he didn’t witness the incident. PW-3 Sri Madan Mech stated in his deposition that at about one year ago, when he along with his friend was going towards market, he saw some gathering of people in front of the Nurse Hostel of the AMCH. He heard that some boys teased the female students of AMCH. Then he heard that the police seized one vehicle. Police took his signature in a seizure list. Prosecution exhibited the seizure list as Ext-2 and his signature as Ext-2(1). During cross-examination, he admitted that he didn’t know the contents of Ext-2 and that he signed the Ext-2 as the police was known to him. PW-4 Sri Bablu Chetia stated in the same line as that of PW-3. He stated in his deposition that at about one year ago, when he along with his friend was going towards market, he saw some gathering of people in front of the nurse Hostel of the AMCH. He heard that some boys teased the female students of AMCH. Then one police who was known to him took his signature in a seizure list. Prosecution exhibited the seizure list as Ext-2 and his signature as Ext-2(2). During cross-examination, he admitted that he didn’t know the contents of Ext-2 and that he signed the Ext-2 as the police was known to him.
8. If the above depositions of the PWs are marshalled closely, it can be seen that no eye-witnesses have been examined by the I.O who could prove the rash and negligent driving on the part of the accused persons. No PWs have implicated the accused persons regarding rash and negligent driving on the part of the accused persons. No PWs have also implicated the accused persons to the effect that these accused persons uttered words or made sound or gestures on the girl students and female doctors of the A.M.C.H. What is most surprising is that the prosecution has not examined any girl students or female doctors who were allegedly teased or at least who witnessed such teasing by the accused persons. Those who have been examined have not at all implicated the accused persons. It is the accepted principle of criminal jurisprudence that the prosecution has to prove its case beyond reasonable doubt and in case of any doubt, the benefit of doubt has to be given to the accused. Accused persons can not be convicted merely on the basis of surmise and conjectures. The foregoing adumbration led me to irresistible conclusion that the prosecution has miserably failed to prove the points which have been formulated for determination.
9. From the above appreciation of evidences in its entirety, I am of the unhesitant conclusion that the prosecution has miserably failed to prove the case against the accused persons. Upon finding the accused persons namely, Sri Abhinav Baruah, Sri Gaurav Arora, Sri Pritam Sarmah, Sri Prabir Dhalibar and Sri Amit Jain not guilty, they are acquitted of the charges u/s 279/294/509/34 IPC as were leveled against them. The accused persons be set at liberty forthwith.
10. Given under my hand and seal of this Court on this 31st day of March, 2012.
(NUR MUHAMMAD ABDULLAH AHMED)
JUDICIAL MAGISTRATE 1ST CLASS
DIBRUGARH, ASSAM
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