Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment 1 C.C. No.462/PW/2022
MHMM180011172022 Received on : 24/02/2022
Registered on : 24/02/2022
Decided on : 21/10/2022
Duration : 00 Y. 07 M. 27 D.
Exh.No.-13
IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
09TH COURT, BANDRA, MUMBAI
(Presided over by K.H. Thombre)
JUDGMENT
(As per Section 355 of Code of Criminal Procedure)
a) The Serial number of the case : C.C. No.462/PW/2022
b) The date of commission of
offence
: In between the period from
12/01/2022 to 16/01/2022
c) The name of the complainant if
any
: The State through Khar police
station. C.R.No.19/2022.
d) The name of the accused persons,
parentage and residence
: Sonu Jagdish Singh @ Nepali,
Age – 26 years,
Occupation- Nil
R/o.Bandra Talav, near Bathroom,
Bandra(W),Mumbai
e) The offence complained of or
proved
: Under Section 454,457, 380 of
Indian Penal Code
f) The plea of the accused and his
examination, if any
: Accused pleaded not guilty and
claimed to be tried.
g) The Final Order : The accused is acquitted.
h) The date of such order : 21/10/2022
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Judgment 2 C.C. No.462/PW/2022
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Learned counsel for Prosecution: APP Smt.MF Pakajade for State
Ld. Counsel for Accused : Adv. Mr. P.P.Khot
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J U D G M E N T
(Delivered on 21/10/2022)
1) The accused is charged for the offence punishable under section
454, 457,380 of Indian Penal Code, 1860 (For short 'Code').
The case of prosecution in short is as under: -
2) Informant Smt. Roshan Dara Gandhi came at Khar area to look
after her brother Kersi Bajor Doctor as he was suffering from paralysis. The
brother of the informant is unmarried therefore, informant came to look after
him. The brother of informant is admitted in a Parsi General Hospital for
treatment since 07/01/2022. The informant is residing at Grant Road visits at the
hospital to look after her brother. On 16/01/2022 at about 11.00 a.m. informant
and her husband came to the house of her brother for cleaning. They entered in
the house by opening lock of the door. Informant found that backside window of
dining room is broken and all the articles are scattered. Informant found two
wooden cupboards were opened. Informant found that Rs.1,50,000/- kept in a
cupboard for the treatment of her brother was stolen. Informant lodged report of
the incidence to the Police Station and offence is registered vide Crime
No.19/2022. The accused was arrested. After completion of the investigation
charge-sheet is filed against the accused.
3) Charge is framed against the accused at Exh.02. The contents of
the charge were read over and explained to the accused in vernacular through
Video Conference to which he pleaded not guilty and claimed to be tried. Plea of
the accused is recorded at (Exh.03 ) .
4) The prosecution has examined in all four witnesses (P.W.No.1)
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Judgment 3 C.C. No.462/PW/2022
Roshan Dara Gandhi, informant at (Exh.04), (P.W.No.2) Vishwanath Parshuram
Sawant, pancha witness at (Exh.06), (P.W.3) Manohar Dinkar Wandhe,
Investigation Officer at (Exh.09) and (P.W.4) Sachin Ramdas Trimukhe,
Investigation Officer at (Exh.11).
5) The statement of the accused under section 313(1)(b) of the Code
of Criminal Procedure, 1973 (for short the code) is recorded at (Exh.12). The
defence of the accused is that of total denial and false implication.
6) Heard Ld. APP and Ld. Advocate for the accused. Considering the
evidence and arguments of the parties, following points arose for determination.
Findings are recorded for reasons to follow.
Sr.No POINTS FINDINGS
1] Whether prosecution proved that from
12.01.2022 at 15.00 hours till 16.01.2022 at
11.00 hours, at Plot No.314, Jer Villa, near
Luis Philips Showroom, Linking Road, Khar
(W), Mumbai, the accused committed lurking
house trespass by entering into the house of
the brother of informant with intention to
commit an offence of theft and thereby
committed an offence punishable under
section 454 of IPC ?
No.
2] Whether prosecution proved that on the above
mentioned date, time and place, the accused
committed house breaking by entering into
aforesaid house of the brother of the
informant by breaking grills of the window of
dining room for the purpose of committing
theft at the house and thereby committed an
offence punishable under section 457 of IPC ?
No.
3] Whether prosecution proved that on the
aforesaid date, time and place the accused
committed theft of cash of Rs.1,50,000/-
kept in the cupboard from house of the
No.
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Judgment 4 C.C. No.462/PW/2022
brother of the informant and thereby
committed an offence under section 380 of
IPC ?
4] What order? Accused is acquitted.
R E A S O N S
AS TO POINT NO.1 TO 3 :
7) The informant lodged report against the unknown person vide
(Exh.05) about theft of cash amount of approximately Rs.1,50,000/-. It reveals
from the FIR(Exh.05) that it is lodged against unknown person on 16/01/2022. It
is proved from the evidence of (P.W.1) Roshan Gandhi that FIR is lodged
against unknown person.
8) To link the accused with the commission of the offence it is
deposed by (P.W.2) Vishwanath Sawant that disclosure statement of the accused
is recorded in his presence, accused gave disclosure statement that he is ready to
show the money and place where he kept t. Then accused taken police officers,
pancha witness in a private vehicle and taken out one plastic bag from the
compound of lake containing five currency notes of Rs.500/-. As per evidence of
P.W.4, Sachin Trimukhe, he recorded disclosure statement of the accused and the
panchanama(Exh.07). Accused take them to a bathroom near Bandra Lake and
taken out cash of Rs.2,500/-. The cash was seized and sealed in presence of
panchas vide panchanama (Exh.08).
9) It is deposed by (P.W.3) Manohar Wandhe that he recorded FIR and
prepared panchanama of place of incidence (Exh.10). The evidence of (P.W.3)
Manohar Wandhe is relevant only in respect of registration of FIR and
preparation of panchanama of place of incidence.
10) The case of prosecution is based on circumstantial evidence. More
particularly on the basis of disclosure statement given by the accused and
recovery of cash. There is no corroboration in the evidence of (P.W.4) Sachin
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Judgment 5 C.C. No.462/PW/2022
Trimukhe and (P.W.2) Vishwanath Sawant. It is deposed by (P.W.4) Sachin
Trimukhe that accused taken out cash amount from the bathroom at Bandra Lake
while (P.W.2) Vishwanath Sawant deposed that accused taken out cash amount
from the compound of lake. The incidence took place on 16/01/2022.
Disclosure statement of the accused is recorded on 13/02/2022. The stolen cash
is alleged as Rs.1,50,000/-. The cash amount which is seized is Rs.2,500/- only.
There is huge difference in between the alleged stolen cash and the cash shown
to be recovered at the instance of the accused. The evidence against the accused
is not substantive and does not inspire confidence that the accused is involved in
the commission of theft of cash amount from the house of brother of informant.
For these reasons it is held that prosecution failed to prove guilt of the accused
beyond reasonable doubt. Accordingly, finding is recorded to Point No.1 to 3
in the negative. Following order is passed.
ORDER
1) The accused Sonu Jagdish Singh @ Nepali is acquitted of the
offence punishable under Section 454, 457, 380 of Indian Penal Code vide
Section 248(1) of the Code of Criminal Procedure.
2) The accused is in jail. He be released forthwith if, not required in
any other offence. Inform the Jail Authority accordingly.
3) The accused to furnish bail bonds in compliance of Section 437(A)
of the Code of Criminal Procedure. Jail Authority is directed to release the
accused on executing P.R.Bond of Rs.10,000/-(Rupees Ten Thousand only) and
to submit the report accordingly to this Court.
4) Seized property cash amount of Rs.2,500/- be returned to the
informant on verification after appeal period. If already returned, it be retained
and bond stands cancelled.
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Judgment 6 C.C. No.462/PW/2022
5) The copy of the Judgment be forwarded to District Magistrate vide
Sec.365 of the Code of Criminal Procedure for further compliance.
6) Dictated and Pronounced in the open Court.
Date:-21/10/2022. (K.H.Thombre)
Addl.Chief Metropolitan Magistrate,
09th Court, Bandra, Mumbai.
Delivered on: 21/10/2022
Dictated on : 21/10/2022
Typed on : 21/10/2022
Signed on : 21/10/2022
vnh
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