Public Prosecutor, High Court of A. P. v. K. Anil Kumar
2004-10-13
P.S.NARAYANA
body2004
DigiLaw.ai
( 1 ) HEARD the learned Additional Public prosecutor and Sri A. Rajendra Babu, the counsel representing the respondent. ( 2 ) THE Sub-Inspector of Police, pattabhipuram Lando Police Station, Guntur filed charge-sheet against the accused alleging that on 24-09-1999 at about 09. 00 p. m. , on information about eve teasing of girls at Navabharatnagar, Vikas Ladies Hostel by the said accused, H. C. 295 G. Kotaiah of pattabhipuram Lando Police Station proceeded to the spot with the assistance of P. C. 1980 and found the accused indulging in even teasing girls and heckling against them who were coming and gong to the hostel. Then the said Head Constable arrested the accused at 09. 15 p. m. , and the police proceedings were drafted then and there as nobody was willing to act as mediator. The accused was brought to the police station and a case in cr. No. 1999 of 1998 under Section 509 ipc was registered. P. W. 1, P. C. 1980 and P. W. 2, H. C. 295 were examined. Ex. P-1 police proceedings, Ex. P-2 F. I. R in cr. No. 199 of 1998 and Ex. P-3 signature of the then S. I. of Police, Pattabhipura, Lando p. S. Guntur also were marked. ( 3 ) THE learned V Additional Munsiff magistrate, Guntur, recorded findings in detail at paras 7, 8, 9 and 10 of the judgment and ultimately arrived at a conclusion that the prosecution failed to prove its case against the accused under Section 509 IPC and accordingly recorded an acquittal. As against the same, the present appeal is preferred. ( 4 ) THE learned Additional public prosecutor would submit that the evidence of p. Ws. 1 and 2 is available on record, which is clear and categorical, and in such a case merely because none others came forward, acquittal cannot be recorded. The learned additional Public Prosecutor also had drawn the attention of this court to Section 509 IPC. ( 5 ) PER contra, the learned counsel representing the respondent-accused had taken the court through the findings recorded by the learned Magistrate and would contend that in the absence of any evidence available on record, it cannot be said that the ingredients of Section 509 IPC had been established by the prosecution. ( 6 ) HEARD the counsel.
( 5 ) PER contra, the learned counsel representing the respondent-accused had taken the court through the findings recorded by the learned Magistrate and would contend that in the absence of any evidence available on record, it cannot be said that the ingredients of Section 509 IPC had been established by the prosecution. ( 6 ) HEARD the counsel. ( 7 ) SECTION 509 IPC dealing with word, gesture or act intended to insult the modesty of a woman says:-"whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be, punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. " ( 8 ) THE evidence of P. W. 2 is that, that some female gave information and the name of that female also had not been mentioned in Ex. P-1 police proceedings and P. Ws. 1 and 2 also could not specifically depose what were the actual words uttered or sound or gesture, or exhibiting any object intending that such word or sound shall be heard or that gesture, or object shall be seen by such a woman or intrudes upon the privacy of such woman, had been spoken to either by P. W. 1 or P. W. 2. In the absence of any mediators in relation to the proceedings relied upon by the prosecution and also in the absence of any evidence to satisfy any of the ingredients of section 509 IPC, it cannot be said that the prosecution was able to establish the guilt of the accused under Section 509 IPC with which he had been charged. It is no doubt true that teasing of girls is a menace in society and such acts or activities may have to be seriously deprecated. At the same time, there should be acceptable evidence before the court. In the absence of acceptable evidence, it would be inevitable for the court and in such circumstances on appreciation of evidence of P. Ws. 1 and 2, the learned magistrate arrived at the correct conclusion and for want of evidence, acquittal had been recorded.
At the same time, there should be acceptable evidence before the court. In the absence of acceptable evidence, it would be inevitable for the court and in such circumstances on appreciation of evidence of P. Ws. 1 and 2, the learned magistrate arrived at the correct conclusion and for want of evidence, acquittal had been recorded. Hence, this court does not see any reason whatsoever to disturb those findings recorded by the learned Magistrate or appreciation of the evidence available on record and the said findings are hereby confirmed. ( 9 ) THE criminal appeal shall stand dismissed.