Interim Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
JAIL COURT, MUMBAI CENTRAL PRISON, MUMBAI
(THROUGH VIDEO CONFERENCE)
CASE NO.4/PW/2020 (C.R. NO.781/2019)
I, Jaydeo Y. Ghule, Metropolitan Magistrate, Jail Court, Mumbai
Central Prison, Mumbai, do hereby charge you :
1. Ramfaung Unegam Duidang, Age : 24 yrs.,
Occ.: Nil, Res.: Bandra (W), Mumbai.
as follows :
That you above named accused along with accused no.2. Suny
Manikam Nadar in furtherance of your common intention on 20.09.2019 in
between 03.30 hrs. to 06.00 hrs. at Room No.6, A. M. House, Ground
Floor, Chimbai Koliwada, Bandra (W), Mumbai you committed
housebreaking by night entering into the dwelling house of the informant
Yasmin Noormahmad Shaikh with intention to commit theft and also
committed theft of mobile, cash, gold bracelate, tree bank ATMs, driving
licence, Aadhar card and PAN card total worth of Rs.2,35,000/ and
thereby committed an offence punishable U/Sec.457, 380 r/w 34 of IPC
and within my cognizance.
And I hereby direct that you be tried by me for the above offence.
Sd/
Date : 31.03.2021 Metropolitan Magistrate, Jail Court,
Place : Mumbai. Mumbai Central Prison, Mumbai.
The contents of the above charge are read over and explained to the
accused in vernacular to the accused in V.C. to which accused pleaded
guilty.
Sd/
Date : 31.03.2021 Metropolitan Magistrate, Jail Court,
Place : Mumbai. Mumbai Central Prison, Mumbai.
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STATEMENT AND PLEA OF THE ACCUSED BELOW CHARGE
CASE NO.4/PW/2020 (BANDRA POLICE STATION)
Exh.
1. Ramfaung Unegam Duidang, Age : 24 yrs.,
Occ.: Nil, Res.: Bandra (W), Mumbai.
1. Have you received the copies of police Papers?
Ans: Yes.
2. Have you understood the charge?
Ans: Yes.
3. Do you plead guilty?
Ans: Yes, I plead guilty.
Before Me, Accused No.1
Sd/
Metropolitan Magistrate,
Jail Court, Mumbai Central Prison, Mumbai.
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C.C. No.4/PW/2020
JUDGMENT ON ADMISSION
(Delivered on 31st day of March, 2021)
1. The present accused no.1. Ramfaung Unegam Duidang stands
chargesheeted by Bandra Police Station in C.R. No.781/2019 for the
offence punishable U/Sec.457, 380 of IPC. It is the case of the prosecution
that the above named accused along with accused no.2. Suny Manikam
Nadar in furtherance of their common intention on 20.09.2019 in between
03.30 hrs. to 06.00 hrs. at Room No.6, A. M. House, Ground Floor,
Chimbai Koliwada, Bandra (W), Mumbai he committed housebreaking by
night entering into the dwelling house of the informant Yasmin
Noormahmad Shaikh with intention to commit theft and also committed
theft of mobile, cash, gold bracelate, tree bank ATMs, driving licence,
Aadhar card and PAN card total worth of Rs.2,35,000/ and thereby
committed an offence punishable U/Sec.457, 380 of IPC.
2. The accused no.1. is in judicial custody since 23.09.2019. Since then
he is in judicial custody. During V.C. he was ready to plead guilty and he
has send his plead guilty application dated 11.09.2020. I satisfied myself
that his plea is voluntary. Therefore, as accused pleaded guilty it requires
to pass conviction order. At the same time the request of the accused that
he is poor person and earning member of his family needs to be
considered. The accused is in jail custody for eighteen months.
Considering that accused is in jail for eighteen months lenient view needs
to be taken. Therefore, considering all these aspects I proceed to pass the
following order :
O R D E R
1. Accused no.1. Ramfaung Unegam Duidang is convicted vide
section 252 of The Criminal Procedure Code for the offence
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punishable U/Sec.457, 380 of IPC. He is sentenced to suffer Simple
Imprisonment for Two years.
2. The accused is in jail custody since 23.09.2019. Therefore, set off for
the above period be awarded to the concern accused from the
substantive jail sentence as per section 428 of Cr. P.C.
3. Inform the jailer accordingly.
4. The copy of the Judgment be given to the accused free of cost.
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Jail Court, Mumbai Central Prison,
Date : 31.03.2021 Mumbai.
srp
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