GR Case No. 1554 of 2012
State –Vs- Smt. Ditimoni Borah
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
TITABAR
Case No. GR 1554/2012
U/S 294/506 of IPC
STATE
-VSSmt. Ditimoni Borah
Present
:
Sri Chinmoy Barua,
JMFC, Titabar
For the Prosecution :
Sri Binon Ch. Bora, A.P.P.
For the Accused
:
Sri R.P. Dhar, Advocate.
:
25/09/14
Date of Argument :
25/09/14
Date of Judgment :
26/09/14
Date of Evidence
for Prosecution
JUDGMENT
1.
Prosecution case in brief is that, one Sri Litool Baruah
(Principal) and 38 others jointly lodged a written ejahar on
01/09/12 before the Titabar P.S. alleging inter alia that on 01/09/12
at around 1.30 P.M. while regular classes were going on in the
College, Smt. Ditimoni Borah, Head of the Department and
Associate Professor of the English Department entered the room of
the Principal and threatened to immolate herself. Thereafter she
suddenly went outside to the corridor and tried to immolate herself
by removing her clothes in front of the Professors, students and
employees by using obscene language. Many professors tried to
control the situation.
2.
On receipt of the written ejahar, Titabar P.S. registered
Titabar P.S. Case No. 130/2012 under Sections 294/506 IPC and
Typed by me
JMFC, Titabar
GR Case No. 1554 of 2012
State –Vs- Smt. Ditimoni Borah
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started investigation. On completion of investigation, charge sheet
was submitted under sections 294/506 IPC against the accused
person. Hence the prosecution case has come.
3.
On completion of appearance of the accused person, copy
was furnished to her. The particulars of offence under sections
294/506 of IPC was explained to the accused person to which she
pleaded not guilty and claimed to be tried.
4.
In support of the case, the prosecution examined only three
witnesses including the informant in this case. Since the informant
and the other witnesses stated nothing incriminatory against the
accused person, on the requests of the prosecution, further
proceeding of the case has been closed.
5.
Since no cogent incriminatory materials have been revealed
in evidence against the accused person from the deposition of the
prime witnesses itself, recording of the statement of the accused
person under Section 313 Cr. P.C. has been dispensed with.
6.
POINTS FOR DETERMINATION
(i)
Whether the accused person on 01/09/2012 at about 1.30
P.M. at Titabar uttered words in a public place (L.N.
Saikia College) that such an act of uttering words was
obscene and that it caused annoyance to others and
thereby the accused committed an offence punishable u/s
294 of the IPC?
(ii)
Whether the accused person also, on the same date, time
and at the same place, committed criminal intimidation
by threatening to kill herself by immolating herself with
intent to cause alarm to the complainants and thereby
committed an offence punishable u/s 506 of the IPC?
Typed by me
JMFC, Titabar
GR Case No. 1554 of 2012
State –Vs- Smt. Ditimoni Borah
7.
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Decision and the reasons thereon:
I have heard Mr. Binon Chandra Bora, the learned counsel
appearing for the state. Also heard Mr. R.P. Dhar, the learned
counsel appearing for the accused person. Upon hearing the ld.
counsel for the parties and on perusal of the records, I am of the
considered opinion to hold the following:8.
Mr. Binon Chandra Bora, the learned counsel appearing for
the state referring to the evidence adduced by the witnesses
submitted that in view of the evidence of the prime witnesses, who
stated nothing incriminatory against the accused person, he has
nothing to submit further and therefore, the court may pass
necessary order in accordance with law.
9.
Mr. R.P. Dhar, the learned counsel appearing for the accused
person submitted that the case of the prosecution was filed due to
some misunderstanding in between the parties. He submitted that
the accused person did not commit anything as alleged in the
ejahar, rather, some
misunderstanding occurred with the
complainant, for which, the instant case was filed. Pointing out the
above, he submitted that the accused person may be acquitted.
10.
I have heard the ld. counsel for the parties. Also perused the
record. Let us analyze the evidence on record so as to find out as to
whether the prosecution has been able to prove the guilt against the
accused person or not. From the evidence so far produced by the
prosecution it appears that the witnesses stated nothing cogent
incriminatory against the accused person. The victim Sri Litool
Baruah in his evidence stated that he has not written the ejahar.
One of his colleagues has written the ejahar. He did not have any
personal opinion what is written in the ejahar and has signed it as
told to him by others. He does not want to proceed with the case.
Typed by me
JMFC, Titabar
GR Case No. 1554 of 2012
State –Vs- Smt. Ditimoni Borah
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All the signatories to the ejahar have decided to withdraw the case
and they have no objection if the accused is acquitted by the Court.
The P.W.2. Sri Ram Krishna Saikia in his evidence has stated that
on 01/09/2012 he along with the Principal of L.N. Saikia College
and others lodged an ejahar in the Titabar P.S. against the accused.
He further stated that they lodged the ejahar due to some
misunderstanding between them. They do not wish to continue
with the case and have no objection if the accused is acquitted.
PW3 Smt. Inu Saikia has stated in her evidence that she is also a
complainant in this case. She along with others also signed the
ejahar. On 01/09/12 she along with other co-employees lodged an
ejahar against the accused in the Titabar P.S. Now she does not
wish to proceed with case and if the accused is acquitted she does
not have any objection.
11.
Criminal justice requires that to hold a person guilty of any
offence the prosecution must prove the case beyond any doubt and
if any doubt arises the benefit must be given to the accused. In the
case in hand, from what has been discussed above, it is clear that
the prime witnesses stated nothing incriminatory against the
accused person to the effect that the accused person ever uttered
any obscene words or she has threatened anyone by trying to
immolate herself to the effect that the accused person committed
any such act or acts against them. Rather, from their evidence it
has come into light that the case was filed due to some
misunderstanding in between them. It also appears that the parties
have compromised in between them. It also appears to me is that
the witnesses did not support the contentions as narrated in the
ejahar marked as Ext. 1. All these circumstances lead me to hold
that the prosecution has failed to establish the guilt against the
accused person in accordance with law and in such a situation;
naturally, the accused person is entitled to get the benefit.
Typed by me
JMFC, Titabar
GR Case No. 1554 of 2012
State –Vs- Smt. Ditimoni Borah
12.
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In the result, the accused person is hereby acquitted on
benefit of doubt and set at liberty forthwith.
13. Bail bond furnished on her behalf shall remain in force for a
further period of six months from today as per provisions of
Section 437A Cr.P.C. as amended upto date.
14.
This case is disposed of on contest.
15. The Judgment is pronounced and delivered in the open court
this 26th September, 2014 under my hand and seal of this Court.
(CHINMOY BARUA)
JMFC, TITABAR
Typed by me
JMFC, Titabar
GR Case No. 1554 of 2012
State –Vs- Smt. Ditimoni Borah
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APPENDIX
A.
Prosecution Witnesses:
PW.1 – Sri Litool Baruah
PW.2 – Sri Ramkrishna Saikia
PW.3- Smt. Inu Saikia
B.
Defence Witness:
Nil
C.
Documents exhibited by Prosecution:
EXT.1 - Ejahar (FIR)
D. Documents exhibited by defence:
Nil.
Sd/CHINMOY BARUA,
JMFC,TITABAR
Typed by me
JMFC, Titabar
GR Case No. 1554 of 2012
State –Vs- Smt. Ditimoni Borah
Typed by me
JMFC, Titabar
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