Final Order 1

Order Details: Order Below EX 1
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IN THE COURT OF THE METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
CASE NO. 45/PW/2022 ( C. R.No. 823/2021)
The State (at the instance of
Vakola Police Station, Mumbai. …. Complainant.
Vs.
Rakesh Harjivan Rathod …. Accused.
J U D G M E N T
1. The accused is charged for the offence U/sec.379 of IPC.
2. The accused is produced today in jail court. Accused
voluntarily pleaded guilty to the charge. It appears that the plea of the
accused is voluntary. Hence, the plea is accepted.
3. Heard the accused on the point of sentence. The accused
submitted that his economic condition is not sound and his family is
dependent on him. The accused prayed that minimum punishment may be
imposed.
4. The prosecution could not show that the accused has criminal
antecedents. Considering nature of the offence and the circumstances it
will be just and proper to pass the following order.
O R D E R
1. Accused Rakesh Harjivan Rathod is convicted vide sec.241 of
Cr.P.C. for the offence punishable u/sec. 379 of IPC and sentenced to suffer
rigorous imprisonment for period of 4 months.
2. The accused is entitled to get benefit of set off as per the
provisions of Sec.428 of Cr.P.C.
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3. The seized property be return to its registered owner.
4. The sentences in CC No. 38/PW/2022, CC No. 45/PW/2022
and CC No.125/PW/2022 shall run concurrently.
5. Copy of Judgment be given to the accused free of cost.
Sd/
Metropolitan Magistrate,
Date : 08.02.2022 71st Court, Bandra, Mumbai.
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