Final Order 1

Order Details: Copy of Judgment
Pdf Text: – 1 – Cri. Case. No. 198/PW/2018
State V/s. Sunny + 3 (Judgment)
Received on: 03.02.2018
Registered on: 03.02.2018
Decided on: 27. 10 .2021
Duration: 03 Y. 08 M. 24 D.
IN THE COURT OF ADDL CHIEF METROPOLITAN MAGISTRATE,
09TH COURT, BANDRA, MUMBAI.
(Presided over by P. H. Kharwade)
Judgment Under Section 355 of
The Code of Criminal Procedure
CNR No.MHMM180013852018
Exh.
a] The serial number of the case : C.C.No.198/PW/2018
b] The date of the commission
of the offence
: Between 12/10/2011 to
07/01/2016
c] The name of the complainant
(if any)
: The State of Maharashtra,
through Senior Police Inspector
Khar Police Station,
Mumbai
d] The name of the accused
person and his parentage
and residence
1. Sunny Bharat Dhingra
Age34 Yrs.,Occupation Service
2. Indu Bharat Dhingra, Age 62
Yrs.,Occupation House Wife,
3. Bharat Yashodhan Dhingra,
(Dead)
4. Shreyansa Bharat Dhingra,
Age21Yrs.,Occupation Education,
..2/
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– 2 – Cri. Case. No. 198/PW/2018
State V/s. Sunny + 3 (Judgment)
All R/o. Khar(W), Mumbai
e] The offence complained of or
proved.
: The offences punishable under
sections 498 A, 406, r.w.34 of
Indian Penal Code.
f] The plea of the accused and
his examination (if any)
: The accused pleaded not guilty.
g] The final order : The accused are acquitted as per
final order.
h] Date of the Order 27.10.2021
............................................................................................................
Appearance : Smt.M.F.Pakajade learned APP for the State
Smt. Shweta Agrawal learned Advocate for the
accused.
.............................................................................................................
J U D G M E N T
(Delivered on this 27th day of October 2021)
In this case the accused persons stand prosecuted for the
offence punishable under sections 498 A and 406 read with section
34 of the Indian Penal Code.
2. It is the case of the prosecution that the informant Shivani
Sunny Dhingara got married with accused No. 1 Sunny. Other accused
are relative of Sunny. All the accused subjected the informant with
cruelty for demand of money. They also converted Stridhan of
informant for their own use.
..3/
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– 3 – Cri. Case. No. 198/PW/2018
State V/s. Sunny + 3 (Judgment)
3. During the pendency of the matter accused No. 3 Bharat
Yashodhan Dhingra has died, therefore proceeding came to be abated
against him.
4. In order to prove the guilt of the accused the prosecution
examined only one witness i.e. P.W.1 Shivani Sunny Dhingara at
Exh.11, who is informant. It has come in her evidence that accused No.
1 Sunny has married with her. Other accused are his relative. Due to
many problems she has lodged report at Police Station vide Exh.12.
5. It is to be noted that the informant testified of various
problems with the accused. But she did not depose about alleged
harassment or demand of money to her by all the accused. She did not
depose about alleged misappropriation of her stridhan by accused. The
prosecution did not adduce any evidence to prove alleged cruelty or
misappropriation made by the accused so as to connect them with the
offence punishable under sections 498 A and 406 read with section
34 of the Indian Penal Code. Thus, no sufficient and reliable evidence
is adduced by the prosecution to bring home guilt of the accused
beyond reasonable doubt. Hence, the accused are entitled for acquittal.
Hence, I proceed to pass the following order :
O R D E R
 The accused No. 1, 2 and 4 are acquitted of the offence punishable
under sections 498 A and 406 read with section 34 of the
Indian Penal Code vide section 248(1) of the Code of Criminal
Procedure, 1973. They be set at liberty.
..4/
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– 4 – Cri. Case. No. 198/PW/2018
State V/s. Sunny + 3 (Judgment)
 Earlier bail bonds of the accused shall stand continued under
section 437A of the Code of Criminal Procedure, 1973 on
furnishing fresh P.R bond of Rs. 15000/ each.
 The muddemal property be returned to the informant after the
appeal period is over
 Judgment is dictated and pronounced in the open Court.
Sd/
(P.H. Kharwade)
Addl. Chief Metropolitan Magistrate,
Date :27.10.2021. 09 th Court, Bandra, Mumbai.
Judgment Dictated on : 27.10.2021
Judgment Transcribed on : 27.10.2021
vnh. Judgment Signed on : 27.10.2021
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