Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 897 PW 2023 State Vs Saddam and anr.
CNR No.MHMM18-003805-2023
ORDER BELOW EXH.1
1. Perused record. Prima facie case made out. Cognizance taken of offence
punishable under Sections 279, 336, 504 r/w.34 of Indian Penal Code, Section 3(1) of
Prevention of Defacement to Public Property Act and Sections 179 r/w.183 and 184 of
Motor Vehicles Act.
2. Accused persons pleaded guilty. The consequences pertaining to possible
punishment made them understand. Despite that they are ready to plead guilty and as
such their plea is voluntary.
3. Heard Ld. A.P.P. and accused on the point of sentence. Ld. A.P.P. submitted
and prayed for severe punishment. Against it, Ld. Advocate for the accused made
submissions that the accused are very poor. They have no criminal antecedents of any
nature. Accused are from a respectable family. Offence is not much serious. Out of
misunderstanding incidence occurred. In view of these facts and circumstances, if
substantive sentence awarded, accused will suffer irreparable loss.
4. There appears substance in the submissions of Ld. Advocate for the accused
pertaining to the claim of leniency. If all these aspects and submissions of Ld. A.P.P.
collectively considered, I am of the opinion that leniency needs to be shown.
Therefore, following order -
ORDER
a. The accused are convicted under Section 252 of the Code of Criminal
Procedure for offences punishable under Sections 279, 336, 504 r/w.34 of Indian
Penal Code, Section 3(1) of Prevention of Defacement to Public Property Act and
Sections 179 r/w.183 and 184 of Motor Vehicles Act, and Accused are sentenced to
pay the fine of Rs.200/- each, in aggregate accused shall pay total amount of
Rs.1,200/- each, towards whole amount of fine. In default accused shall suffer simple
imprisonment for a period of one week for whole amount.
b. Copy of this order shall be given free of costs to the accused.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 07.06.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 1 of 1 --