Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI.
C.C.No. 1598/PS/2018
PLEA OF ACCUSED
1 Date of Commission of offence : 26/12/2017
2 Name of the complainant : The State, ( Dharavi Police Station)
3 Name, age, Parantage, Place of
residence of accused
: Mohd. Rafiq Mohd. Madar Shaikh
Age : 21 years
R/o : Om sai Gardan Chawl, Rajiv
Gandhi Nagar, Dharavi, Mumbai.
4 Particulars of offence : U/sec. 283 of the Indian Penal Code
That, on 26/12/2017 within the jurisdiction of Dharavi Police Station,
you accused stand your vehicle in dangerous condition on road at the public
place so rashly or negligently as to endanger human life of others and thereby
committed an offence punishable u/sec. 283 of the Indian Penal Code and
within my cognizance.
And I hereby direct that, you be tried by the said Court on the said charge.
Mumbai, dated, 31st day of March, 2018.
PLEA OF THE ACCUSED
Q.1 : Have you understood the charge now framed and explained to
you?
Ans : Yes
Q.2 : Have you received the copy of the chargesheet in this case?
Ans : Yes
Q.3 : Do you plead guilty to the charge?
Ans : Yes
Before me,
Sd/
(R. S. Sarkale)
Metropolitan Magistrate, Signature of Accused
12th Court, Bandra, Mumbai.
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JUDGMENT ON ADMISSION
( Delivered on 31st day of March, 2018 )
1] Today, accused Mohd. Rafiq Mohd. Madar Shaikh is produced
before me in the Court by Dharavi Police Station. He had voluntarily moved the
application to plead guilty, which is accepted. The particulars of offence is
framed against the accused for the offence punishable u/sec. 283 of the Indian
Penal Code. He pleaded guilty voluntarily to the said charge, in spite of its
consequences are explained to him by this court, in vernacular. Hence, I hold
the accused guilty for the offence punishable u/sec. 283 of the Indian Penal
Code. Today he has filed application stating that he want to plead guilty
without fear and voluntarily, so accepted.
2] The accused and Ld. A.P.P. are heard on the point of sentence. The
Ld. A.P.P submitted that reasonable punishment be awarded. On the other
hand, the accused submitted that, he is not habitual offender and leniency may
be shown while awarding the sentence. Considering the submission of accused,
nature of offence. So, I think that, following sentence will meet the ends of
justice. Hence, the following order :
O R D E R
1 Accused Mohd. Rafiq Mohd. Madar Shaikh is convicted vide section
252 of Criminal Procedure Code for the offence punishable u/sec. 283 of
the Indian Penal Code. He is sentenced to suffer Simple Imprisonment till
rising of the Court and to pay fine of Rs. 200/ (Rs. Two Hundred only)
in default he is sentenced to suffer Simple Imprisonment of 2 (Two)
days.
2. The copy of the Judgment be given to the accused.
(Judgment is pronounced in open court.)
Sd/
Date : 31/03/2018
( R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai
aas
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