Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment 1 C.C. No.2431/PW/2021
MHMM180062332021 Received on 16/11/2021
Registered on 16/11/2021
Decided on 18/02/2022
Duration 00 Y. 03 M. 02 D.
Exh.No.08
IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
09TH COURT, BANDRA, MUMBAI
(Presided over by K.H. Thombre)
JUDGMENT
(As per Section 355 of Code of Criminal Procedure)
a) The Serial number of the case : C.C. No. 2431/PW/2021
b) The date of commission of
offence
:
04/06/2021
c) The name of the complainant if
any
: The State through Khar police
station. CR No.486/2021.
d) The name of the accused persons,
parentage and residence
: Shivkumar Ranjitkumar Roy
Age – 24 years,
Occupation- Nil,
R/o.Footpath near Bandra Bus
Depot, Bandra(W), Mumbai
e) The offence complained of or
proved
: Under section 380, 511 of Indian
Penal Code.
f) The plea of the accused and his
examination, if any
: Accused pleaded not guilty and
claimed to be tried.
g) The Final Order : The accused is acquitted .
h) The date of such order : 18/02/2022
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Judgment 2 C.C. No.2431/PW/2021
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Learned counsel for Prosecution: APP Smt.M.F.Pakajade
Ld. Counsel for Accused : Adv. Mr. P.P.Khot
=====================================================
JUDGMENT
(Delivered on 18/02/2022)
1) The above named accused is charge-sheeted for the offence
punishable under section 380, 511 of Indian Penal Code.
The case of prosecution in short is as under: -
2) The informant Shri.Omprakash Nagendra Kuwar was working as
security guard at Kotak Bank ATM, PD Hinduja Marg, Khar West, Mumbai
since February 2021. His duty hours at the said place is from 08.00 am to 4.00
pm. There is another security guard from 8.00 pm to 12.00 pm. No one is there
from 12.00 pm to 8.00 am. On 04/06/2021 informant arrived at the aforesaid
ATM at about 06.30 in morning. When he went inside, he saw that the ATM
machine was broken. So he informed the security in-charge Prasad Mahakal.
After that informant informed one Mr. Mangesh, Area Manager of Kotak Bank.
Mr. Prasad told him to go to Police Station, therefore he came to Khar Police
Station. While inspecting the ATM machine it is found that the shutters of the
ATM were broken. The safe door on the locker was knocked out, the handle
above the locker were knocked out, and parts of the machine were lying broken.
The locker of the main machine was closed and paver blocks were lying there.
On 04.06.2021, Ranveer, the security guard at the ATM, was called and told
about the incident. He told that he went home at 12.15 pm and he did not have
any information about the incident. Also Mangesh told the informant the ATM
ID as MUMOW734. The informant then lodged report against the unknown
person at Khar Police station.
3) On the report of the informant offence was registered vide crime
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Judgment 3 C.C. No.2431/PW/2021
No.486/2021 punishable under sections 380, 511 of Indian Penal Code against
accused. After completion of investigation charge-sheet is filed against the
accused under Sections 380,511 of Indian Penal Code.
4) Charge was framed against the accused at Exh. 02. The contents of
the charge were explained to the accused in vernacular to which the accused
pleaded not guilty and claimed to be tried. Plea of the accused was recorded at
Exh.03
5) The prosecution has examined only one witness. P.W.No.1
Omprakash Nagender Kuwar, informant at Exh.04
6) The statement of the accused under section 313(1)(b) of the Code
of Criminal Procedure, 1973 (for short the code) is recorded at Exh.07. The
defence of the accused is of total denial and false implication. Heard Ld. APP and
Ld. Advocate for the accused.
7) Considering the evidence and arguments of the parties, following
points arose for determination. Findings are recorded for reasons to follow.
Sr.No POINTS FINDINGS
1] Whether the prosecution proved that on
04/06/2021 at about 00.15 to 06.30 hrs. at
Kotak Bank ATM, P.D.Hinduja Marg,
Khar(W), Mumbai accused committed theft
in ATM of Kotak Bank used for custody of
the property and thereby committed an
offence punishable u/s.380 of Indian Penal
Code?
In the negative
2] Whether the prosecution proved that on the
above said date, time and place accused
attempted to commit the offence namely theft
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Judgment 4 C.C. No.2431/PW/2021
of money and in such attempt did a certain act
towards the commission of the said offence
namely broke opened the ATM Machine of
Kotak Bank and thereby committed an
offence punishable under Section 511 of
Indian Penal Code?
In the negative
3] What order? Accused is acquitted.
REASONS
AS TO POINT NOs. 1 AND 2 : -
8) The only witness which is examined by the prosecution is P.W.1
Omprakash Nagender Kuwar, informant. It is deposed by P.W.1 Rajesh that on
04/06/2021 he was doing his duty as a security guard at Kotak Mahindra Bank
ATM, P.D.Hinduja Road, Khar. His duty hours were from 8.00 a.m. to 4.00 p.m..
When he came to attend his duty at above place he found that safety door of
ATM was broken. Then he lodged FIR Exh.05 at Khar Police Station.
9) Admittedly, FIR has been lodged against unknown person. During
investigation nothing is recovered from the possession of the accused to link the
accused with the commission of the offence. Panchanama of place of incidence
Exh.06 is admitted by the accused. Panchanama of place of incidence is
describing the place of incidence however, nothing incriminating seen from the
perusal of the panchanama of place of incidence Exh.06.
10) In absence of any evidence on record to link the accused with the
commission of the offence of theft no conclusion can be drawn that charge
levelled against the accused is proved beyond reasonable doubt. Accordingly
Point No.1 and 2 are recorded in the negative with the following order.
ORDER
1) The accused Shivkumar Ranjitkumar Roy is acquitted of the
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Judgment 5 C.C. No.2431/PW/2021
offence punishable under Section 380, 511 of Indian Penal Code vide Section
248(1) of the Code of Criminal Procedure.
2) The accused is in jail. He be released forthwith if, not required in
any other offence. Inform the Jail Authority accordingly.
3) The accused to furnish bail bonds in compliance of Section 437(A) of
the Code of Criminal Procedure. Jail Authority is directed to release the accused
on executing P.R.Bond of Rs.10,000/-(Rupees Ten Thousand only) and to submit
the report accordingly to this Court.
4) The copy of the Judgment be forwarded to District Magistrate vide
Sec.365 of the Code of Criminal Procedure for further compliance.
5) Pronounced in the open court.
Date:18/02/2022. (K.H.Thombre)
Addl.Chief Metropolitan Magistrate,
09th Court, Bandra, Mumbai.
Delivered on: 18/02/2022
Dictated on : 18/02/2022
Typed on : 18/02/2022
Signed on : 18/02/2022
vnh
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