Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment ..1.. C.C. No.373/PW/2018
Exh.
Received on : 05.03.2018
Decided on : 02.08.2018
Duration : 00 04 27
Y M D
IN THE COURT OF THE ADDL.CHIEF METROPOITAN MAGISTRATE,
JAIL COURT AT ARTHUR ROAD JAIL, MUMBAI
JUDGMENT U/SEC. 355 OF THE CR. P. C.
(a) Serial number of the case : 373/PW/2018
(b) Date of commission of the offence. : 18/12/2017
(c) Name of the complainant, if any, : The State (Mahim Police
Station, C.R.No.395/2017)
(d) Name of the accused person, his
parentage and residence
: Jafar Mohammed Ali
Shaikh,Age : 22 yrs, R/o :
Footpath near Altaf Furniture,
Cadle Road, Mahim(W),
Mumbai.
(e) Offence complained of or proved. : U/Sections 392 of IPC
(f) Plea of the accused person and
his examination, if any
: Accused pleaded not guilty.
(g) Final order : Accused is acquitted.
(h) Date of order : 02/08/2018
ADVOCATES:
For the State : Shri Nerlikar , A.P. P.
For accused : Shri Ankit Mota
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Judgment ..2.. C.C. No.373/PW/2018
J U D G M E N T
(Delivered on this day 2nd day of August, 2018)
1. Accused prosecuted for the offence punishable U/Sec.392 of
IPC.
2. In support of case, prosecution has examined two witnesses
namely Surjit Kamlesh Singh (P.W.1) at Exh. 4 and Investigating
Officer Yogesh Manohar Bendkule (P.W.2) at Exh.6 and also
brought on record panchanama at Exh.7 through the evidence.
3. This is a case of under trial prisoner, therefore, it is dealt with
on top priority. I have heard both sides at length. Now, I appreciate
oral and documentary evidence available on record.
4. As per the prosecution story, accused was apprehended by the
complainant and others red handed, while committing robbery of iron
rod worth of Rs.2500/. The prosecution has attempted to secure
presence of complainant Sanjay Pandey, but failed to do so, because he
reported to be a resident of Utter Pradesh. Therefore, prosecution
failed to prove contents of complaint.
5. The prosecution has examined panch witness Surjit (P.W.1),
who stated that the complainant informed him regarding theft of cables
and iron rod by the accused. Police prepared spot panchanama at Exh.
5 in his presence. During crossexamination, he admitted that, at the
time of incident he was not present at the spot and panchanama was
prepared in the police station. Considering his admission, his evidence
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Judgment ..3.. C.C. No.373/PW/2018
cannot be treated as a evidence of eye witness. As such, the prosecution
also failed to prove the panchanama.
6. Apart from this, prosecution examined Investigating Officer
Yogesh (P.W.2). He obtained complaint and recorded statements of
witnesses. His evidence without corroboration found insufficient to
hold that accused committed robbery of cables and iron rod. In short,
there is no material evidence on record to prove the guilt of accused
beyond all reasonable doubts. Hence, I proceed to pass following
order :
ORDER
1] Accused Jafar Mohammed Ali Shaikh is acquitted of the
offence punishable U/Secs. 392 of IPC as per section 248(1) of the
Cr.P.C.
2] The accused shall submit fresh bail bonds as per Sec.437 (A) of
Cr. P. C.
3] The accused be released forthwith if not required in any other
case.
5] Seized muddemal property i.e. iron rods and 20 meter lighting
wire be returned to the authorised representative of Metro construction
work.
4] Pronounced in open court.
Sd/
(S. K. MUNGILWAR)
Addl.Chief Metropolitan Magistrate,
Jail Court at Arthur Road Jail, Mumbai
Dictated on : 02.08.2018
Transcribed on : 02.08.2018
Signed on : 02.08.2018
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