Final Order 1

Order Details: Copy of Judgment
Pdf Text: - 1 - C.C. No.4408/PW/2005
Presented on : 19122005
Registered on : 19122005
Decided on : 01032018
Duration : 12Y 03M 18D
IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI
( Presided over by Vishwas S. Mane )
Exh. 15
Particulars of offence:
A. The serial number of the
case
: C.C. No.4408/PW/2005
B. The date of commission of
the offence
: 29.08.2005
C. The name of the
complainant (if any)
: State of Maharashtra through BKC
Police Station.
D. The names of the accused
persons, and their
parentage and residence
: 1) Abdul Nisar Abdul Jabbar
Shaikh
Age : 32 yrs., Occ. Catering
R/o.: Bandra Tarmius Footpath,
Bandra(E), Mumbai.
2) Suraj Subhash Vishwakarma
(acquitted by judgment dated
11.05.2009)
E. The offence complained of
or proved
: U/sec. 394 r/w.34 of the Indian
Penal Code.
F. The plea of the accused
and their examination
(if any)
: Accused pleaded not guilty.
G. The final order : The accused is acquitted.
H. The date of such order : 01032018.
For the prosecution : Ld. A. P. P.
For the accused No.1 : Nil
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- 2 - C.C. No.4408/PW/2005
J U D G M E N T
( Delivered on 01032018)
The accused is facing trial of the offences punishable under
section 394 r/w. 34 of the Indian Penal Code.
2. The charge is framed against the accused at Exh.2 and he
pleaded not guilty by his plea at Exh.3. To prove the guilt of the
accused, the prosecution examined Mohan Malvade (PW1) (Exh6),
Saeed Ahmed Shaikh (PW2) (Exh8), Suresh Joshi (PW3) (Exh10)
and Nanadkumar Mane (PW4). The evidence of Mohan (PW1) shows
that the boy who was wearing white dusty shirt assaulted him by razor
on his cheek and snatched bracelate and cash from his pocket. The
another boy snatched wrist watch and gold chain and both were ran
away from the spot in the shrub. He further states that after three
months of lodging report, he was called at Arther Road, for
identification parade and he identified those two boys in the
identification parade.
3. Saeed Shaikh (PW2) deposes that police called him in
front of Family Court building and prepared spot panchanama vide
Exh.9. Suresh (PW3) deposes that he was called at Arther Road Jail on
31.10.2005 to conduct identification parade of two accused persons. He
conducted identification parade and asked informant Mohan (PW1) to
identify the accused persons from twelve dummy persons. He further
states that Mohan (PW1) identified accused No.1 Suresh, but he did
not identify another accused. He prepared a report vide Exh.11.
4. Nanadkumar Mane (PW4) is the investigation officer. He
deposes that the accused were arrested and the identification parade
was arranged and conducted of both the accused. In the identification
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- 3 - C.C. No.4408/PW/2005
parade, the informant identified both the accused. He further states
that the property involved in the crime could not be recovered.
5. After framing charge, accused No.1 was absconded. His
presence was not secured, though the warrant was issued against him
from time to time. The evidence on the record adduced in absence of
this accused shows that nothing was recovered out of stolen property
during the investigation from accused No.1. The evidence of Mohan
(PW1) and Nanadkumar Mane (PW4) shows that accused No.1 Abdul
Nisar was identified by Mohan (PW1), during identification parade.
However, the evidence of Suresh (PW3), who conducted identification
parade, shows that informant Mohan (PW1) did not identify accused
No.1 Abdul Nisar, during the identification parade. The prosecution has
adduced the best evidence available to them. There is nothing to link or
connect accused No.1 Abdul Nisar with the alleged crime, in the
evidence adduced on the record. This case is more than 12 years old.
There is nothing incriminating against accused No.1 Abdul Nisar in the
evidence, adduced on the record. In such circumstances, even though
the presence of accused No.1 Abdul Nisar is secured, his guilt can not be
proved beyond reasonable doubt.
6. The statement of accused No.1 Abdul Nisar u/sec.313 of
the Code of Criminal Procedure is dispensed with as nothing is
incriminating against him, in the evidence adduced on the record.
7. The prosecution has failed to prove the guilt of the accused
No. 1 Abdul Nisar, beyond reasonable doubt, with the help of reliable
and trustworthy evidence. Therefore, accused No.1 is liable to be
acquitted. In the result, the following order is passed.
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O R D E R
1. Accused No.1 Abdul Nisar Abdul Jabbar Shaikh is acquitted
of the offence punishable u/sec. 394 of the Indian Penal
Code vide section 248(1) of the Code of Criminal Procedure.
2. The bail bonds of the accused to be continued, to appear
before the appellate Court as and when such Court issues
notice in respect of any appeal or petition filed against this
judgment, as per Section 437A of the Code of Criminal
Procedure. The bail bonds of the accused shall stands
cancelled after 6 months.
(pronounced in open court)
sd/
( Vishwas S. Mane )
Bandra, Mumbai. Metropolitan Magistrate,
Date : 01032018 71st Court, Bandra, Mumbai.
ard/
Dictated on : 01032018
Transcribed on : 01032018
Signed on : 01032018
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