Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment 1 C.C. No.2513/PW/2021
MHMM180066162021 Received on 27/11/2021
Registered on 27/11/2021
Decided on 20/05/2022
Duration 00 Y. 05 M. 23 D.
Exh.No.11
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. 2513/PW/2021
b) The date of commission of
offence
:
30/09/2021
c) The name of the complainant if
any
: The State through Khar police
station. CR No.662/2021.
d) The name of the accused persons,
parentage and residence
: Sanjay @ Mental Premsagar
Gupta, Age – 22 years,
Occupation- Nil,
R/o. Footpath near Bandra Bus
depot, under the Skywalk,
Bandra(W), Mumbai
e) The offence complained of or
proved
: Under section 380 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 : 20/05/2022
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Judgment 2 C.C. No.2513/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 20/05/2022)
1) The above named accused is charge-sheeted for the offence
punishable under section 380 of Indian Penal Code.
The case of prosecution in short is as under: -
2) The informant Shri. Sudip Prakash Mhatre was working as General
Manager in Hotel Sily Bombay, 5th Road, Khar(W), Mumbai. On 30/09/2021
while the informant Shri.Sudip Prakash Mhatre was in his house, at about 7.00
a.m. the security guard of his hotel namely Ram Sumedh informed him on
telephone that there was theft in their hotel and drawers of the cash counter were
opened. He informed his seniors about theft and reached at Hotel Sily Bombay,
Khar(W), Mumbai at about 11.00 a.m.. There he saw that the drawer of the cash
counter were opened and the cash therein was missing and all the articles in the
hotel were scattered. Three bottles of foreign liquor are also stolen from the
hotel. The lamps in the hotel were broken. He inspected the CCTV Cameras in
the hotel and saw that on 30/09/2021 at about 4.14 hrs. one unknown person was
entering in his hotel by crossing over the wall and was stealing the cash kept in
the drawer of the cash counter. 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
No.662/2021 punishable under section 380 of Indian Penal Code against
accused. After completion of investigation charge-sheet is filed against the
accused.
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Judgment 3 C.C. No.2513/PW/2021
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 in all three witnesses. P.W.No.1
Sudip Prakash Mhatre, informant at Exh.04, P.W.No.2 Vishwanath Parshuram
Sawant, pancha witness at Exh.06 and P.W.No.3 Deepak Ramesh Kharade,
Investigating Officer at Exh.09.
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.10. 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
30/09/2021 at about 04.00 hrs. at Horel Sily
Bombay, 05th Road, Khar(W),Mumbai
accused committed theft of cash amount kept
in the cash counter of the hotel and thereby
committed an offence punishable u/s.380 of
Indian Penal Code?
In the negative
2] What order? Accused is acquitted.
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Judgment 4 C.C. No.2513/PW/2021
R E A S O N S
AS TO POINT NOs. 1 AND 2 : -
8) According to the evidence of P.W.1 Sudip Mhatre he came to know
about theft at Hotel Sily Bombay and found that cash of Rs.1,30,000/- and four
bottles of alcohol were stolen. It is further deposed by P.W.1 Sudip Mhatre that
he can identify the person if, shown to him who committed theft at the hotel.
The accused was produced on Video Conference to which P.W.1 Sudip Mhatre
identified the accused as the same person. In cross-examination P.W.1 Sudip
Mhatre admitted that he has given the CCTV footage to the police through
which he identified the accused.
9) To link the accused with the alleged offence of theft at the hotel of
the informant the evidence of P.W.2 Vishwanath Sawant and P.W.3 PSI Deepak
Kharade is incriminating. As per evidence of both these witnesses after arrest of
the accused on the basis of disclosure statement( Exh.07) given by the accused
nine currency notes of Rs.500/- denomination are seized from a plastic bag kept
in a hut as taken out by the accused vide seizure panchanama (Exh.08). Cross-
examination of both these witness accused has specifically denied about seizure
of currency notes at his instance and about giving disclosure statement to the
police.
10) Mere seizure of currency notes cannot be said as strong and
reliable evidence to link the accused with the commission of offence. The reason
is denomination of alleged stolen currency notes is not mentioned in the FIR. No
evidence is given about disclosure of the alleged stolen amount which is more
than the amount seized during investigation. The seizure of currency notes will
not helpful to the prosecution to link the accused with the alleged theft at the
hotel of informant.
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Judgment 5 C.C. No.2513/PW/2021
11) As informant identified the accused when he was produced on
Video Conference on the basis of CCTV footage checked by the informant prior
to lodging of the FIR. It is admitted by the informant that he has given CCTV
footage to the Investigating Officer. The CCTV footage which is allegedly given
by the informant is not produced and proved by the prosecution to corroborate
with the identification of the accused as the person who entered in the hotel of
the informant and committed theft of cash and bottles of liquor.
12) The evidence to link the accused with the commission of offence
on the basis of seizure of currency notes is not sufficient. The best evidence
available with the prosecution i.e. CCTV footage is not produced and proved to
establish that it is the accused only who committed theft of cash and bottles of
liquor from the hotel of the informant. For these reasons it is held that accused
cannot held guilty for the offence alleged against him under Section 380 of the
Indian Penal Code. Finding to Point No.1 and 2 is recorded in the negative with
the following order.
ORDER
1) The accused Sanjay @ Mental Premsagar Gupta is acquitted of
the offence punishable under Section 380 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
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Judgment 6 C.C. No.2513/PW/2021
the report accordingly to this Court.
4) Seized muddemal property nine Indian currency notes of Rs.500/-
denomination be returned to its original owner after the appeal period.
5) The copy of the Judgment be forwarded to District Magistrate vide
Sec.365 of the Code of Criminal Procedure for further compliance.
6) Dictated on computer and pronounced in the open Court.
Date:20/05/2022. (K.H.Thombre)
Addl.Chief Metropolitan Magistrate,
09th Court, Bandra, Mumbai.
Delivered on: 20/05/2022
Dictated on : 20/05/2022
Typed on : 20/05/2022
Signed on : 20/05/2022
vnh
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