Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment ..1.. C.C. No.739/PW/2018
Exh.
Received on : 17.05.2018
Decided on : 11.02.2019
Duration : 00 07 23
Y M D
CNRMHMM180059282018
IN THE COURT OF THE ADDL.CHIEF METROPOITAN MAGISTRATE,
9TH COURT, BANDRA, MUMBAI
JUDGMENT U/SEC. 355 OF THE CR. P. C.
(a) Serial number of the case : 739/PW/2018
(b) Date of commission of the offence. : 06/03/2018
(c) Name of the complainant, if any, : The State (Khar Police
Station, C.R.No.95/2018)
(d) Name of the accused person, his
parentage and residence
: Ramfuang Wagreingam
Duitang, Age : 21 yrs, R/o :
Bandra Talao Footpath,
Bandra (W), Mumbai.
(e) Offence complained of or proved. : U/Sections 454, 457, 380
r/w. 34 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 : 11/02/2019
ADVOCATES:
For the State : Smt. M. F. Pakajade , A.P. P.
For accused : Shri Tushar Patil
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Judgment ..2.. C.C. No.739/PW/2018
J U D G M E N T
(Delivered on this day 11th day of February, 2019 )
1. Accused is prosecuted for the offence punishable U/Sec.454,
457, 380 r/w.34 of IPC.
2. In support of it's case, prosecution has examined in all three
witnesses namely InformantManish Mohan Nagari (P.W.1) at Exh.8,
Investigating Officer Rajkumar Chandrakant Powar (P.W.2) at Exh. 10
and panchVishwanath Parshuram Sawant (P.W.3) at Exh. 13.
Prosecution also relied on report lodged by informant at Exh.9,
memorandum statement of accused at Exh. 11 and seizure panchanama
Exh. 12.
3. I have heard both sides at length. Now, I appreciate oral and
documentary evidence available on record.
4. InformantManish (P.W.1) deposed that there was theft of
four mobiles, wrist watch and amount of Rs.8000/ from his house.
Therefore, he lodged report as per Exh. 9. However, prosecution has
not produced seized cash for identification.
5. Thereafter prosecution examined Investigating Officer
Rajkumar (P.W.2). His evidence discloses that the accused gave
confessional statement of theft of mobiles and cash. He prepared
memorandum statement of accused as per Exh.11 in presence of
panchas. Then accused took him and panchas to Dog Park Area. The
accused produced cash of Rs.2,000/. He seized said cash and prepared
seizure panchanama at Exh.12 in presence of panchas.
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Judgment ..3.. C.C. No.739/PW/2018
6. Panch Vishwanath (P.W.3) supported to the evidence of
Investigating Officer in respect of making memorandum panchanama
and seizure panchanama. From the evidence of Vishwanath (P.W.3), it
appears that he along with police and accused gone to the spot in a
police vehicle, but panchanama at Exh. 12 shows that they had been to
the spot by a private vehicle. This fact is contrary to each other, which
creates doubt as to whether Vishwanath (P.W.3) had been to the spot or
not. Moreso, Vishwanath (P.W. 3 ) is a habitual panch witness, who
deposed before this court more than of 50 cases. In such circumstances,
seizure of currency from the possession of accused is doubtful.
7. On perusal of the oral and documentary evidence available
on record, it appears that prosecution has failed to prove that by which
vehicle they had been to the spot and also failed to prove recovery of
currency notes from the possession of accused. In short, there is no
evidence on record to establish the guilt of accused beyond all
reasonable doubts. Hence, I proceed to pass following order :
ORDER
1] Accused Ramfuang Wagreingam Duitang is acquitted of the
offence punishable U/Secs. 454, 457, 380 r/w. 34 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. cash of Rs. 2000/ consisting of
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Judgment ..4.. C.C. No.739/PW/2018
4 notes of Rs. 500/ denomination each be returned to the informant
after appeal period is over.
4] Pronounced in open court.
Sd/
Dictated on : 11.02.2019 (S. K. MUNGILWAR)
Transcribed on : 11.02.2019 Addl.Chief Metropolitan Magistrate,
Signed on : 11.02.2019 9th Court, Bandra, Mumbai.
Lsb/
lsLsb/
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