Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 C. C. No.1018/PW/2019
Received on 26.06.2019
Registered on 26.06.2019
Decided on 16.12.2019
Duration 0 Y 5 M 20 D
IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
(PRESIDED OVER BY MR S. N. SHINDE)
(Judgment U/Sec. 355 of the Cr.P.C.)
Exh.P12
(A) The Serial No. of the case : 1018/PW/2019
(C. R. No.92/2019)
CNR No.MHMM180046892019
(b) The date of the commission
of the offence
: On 08.03.2019
(c) The Name of the
complainant, if any
: Smt. Savita Shyamsundar Kandora
(Through state of Nirmal Nagar
P.S.)
(d) The name of the accused
person, their parentage and
residence
: Smt. Nikita @ Rubby Sanjay
Gupta
Age – 24 Yrs;
Res – Patel Nagari Pavement,
Bandra(W), Mumbai.
(e) The offence complained of or
proved
: Under Section 457, 380 of Indian
Penal Code.
(f) The plea of the accused and
their examination if any
: Recorded on 12.07.2019 at Exh.P
3. Accused pleaded not guilty and
claimed to be tried.
(g) The Final Order : Accused is acquitted.
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2 C. C. No.1018/PW/2019
(h) The date of such order : 16.12.2019
J U D G M E N T
(Delivered on 16.12.2019)
Accused charged for the offence punishable under section
457, 380 of Indian Penal Code, on the accusation that, from 08.03.2019
at 23.30 hours to 09.03.2019 at 6.00 hours, at Lokmanya Bhadekaru
Sangh, Jay Hind Nagar, Pipeline, Khar (E), Mumbai, accused committed
lurking house trespass at night and theft of cash of Rs.10,000/, three
pairs of silver anklet, one Jio company mobile phone, one Vivo company
mobile phone & one Samsung company mobile phone from the house of
informant, used for human dwelling.
2. Prosecution has examined only two witnesses. Informant,
PW1 Savita Shyamsundar Kandera, Exh4 and Investigating Officer,
PW2 Sandip Devidas Gite, Exh6. And relied upon FIR Exh5 & seizure
panchanama Exh7.
3. After prosecution evidence, statement of accused under
section 313 of Cr.P.C. (Exh11) has been recorded. The accused raised
defence of false implication and denied the prosecution case in toto.
4. Heard learned APP Ms. M.F. Pakajade for state and Ld.
defence counsel Advocate Kasare for the accused.
5. The evidence of informant shows that she has no first hand
knowledge of the alleged incident but her son reported that her money
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purse was found outside house in the lane. As such, she lodged report
(Exh5) against unknown accused. Consequently, there is no direct
evidence of theft.
6. The evidence of prosecution to connect the accused with
the alleged crime is the recovery of theft property. However, there is no
full recovery. Only silver anklet and cash of Rs.3000/ was recovered
asper the evidence of IO. The informant deposed that the seized anklets
are not belongs to her. So she failed to identify the anklets recovered by
the investigating officer.
7 Thus, mere recovery of similar anklets qua stolen anklets is
not sufficient evidence to connect accused with the crime. Thus, the
defence that the accused has been falsely implicated cannot be ruled
out. The evidence thus not sufficient. The accused is entitled for
acquittal. Muddemal property i.e. two silver anklets be sold in public
auction and sale proceed be credited to State Government, as per law,
after appeal period is over. and cash of Rs.3000/ be returned to
informant, as per law, after the period of appeal is over. Hence, I record
findings accordingly and passed following order :
ORDER
i) Accused Smt. Nikita @ Rubby Sanjay Gupta stands
acquitted vide section 248(1) of Cr.P.C. of the offence
punishable under sections 457, 380 of Indian Penal
Code.
ii) The bail bonds of accused stands cancelled.
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iii) Bail under section 437 (A) of Cr.P.C. has been complied
with.
iv) Muddemal property i.e. two silver anklets be sold in
public auction and sale proceed be credited to State
Government, as per law, after appeal period is over. and
cash of Rs.3000/ be returned to informant, as per law,
after the period of appeal is over.
v) Judgment delivered and pronounced in open court by
dictation.
Mumbai,
Date : 16.12.2019
(Sudhir N. Shinde),
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
Dictated on : 16.12.2019
Typed on : 16.12.2019
Signed on : 16.12.2019
Ssl.
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