Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment ..1.. C.C. No.974/PW/2018
Exh.
Received on : 06.07.2018
Decided on : 19.11.2018
Duration : 00 04 13
Y M D
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 : 974/PW/2018
(b) Date of commission of the offence. : 18.06.2018
(c) Name of the complainant, if any, : The State (Mahim Police
Station, C.R. No.211/2018)
(d) Name of the accused persons,
their parentage and residence
: Mohammad Shafiq Iliyas
Shaikh
Age : 29 Yrs, Occ : Nil,
R/o. : Opp. R. C. Mahim
School, Balamiya Lane, Opp.
Makhdum Plywood Shop,
Mahim West, Mumbai.
(e) Offence complained of or proved. : U/Sections. 454, 380, 511
r/w 34 of IPC
(f) Plea of the accused persons and
their examination, if any
: Accused pleaded not guilty.
(g) Final order : Accused is acquitted.
(h) Date of order : 19/11/2018
ADVOCATES:
For the State : Shri. Nerlikar , A.P. P.
For accused : Shri. P. P. Khot
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Judgment ..2.. C.C. No.974/PW/2018
J U D G M E N T
(Delivered on this day 19th day of November, 2018)
1. Accused is prosecuted for the offences punishable U/Secs.
454, 380, 511 r/w 34 of IPC.
2. In support of case, prosecution has examined complainant
Suman Sudhir Patil (P.W.1) at Exh.5 as its only witness.
3. I have heard both sides at length. Now, I appreciate oral and
documentary evidence available on record.
4. Evidence of complainant Suman (P.W. 1) goes to show that
on 18.06.2018 at about 3.30 a.m., she alongwith herself, her son and
husband were present in her house. At that time one thief entered in
her house from back side by opening latch. She heard noise, woke up
and opened latch of front door. They caught hold accused outside the
door and thieves came from back side ran away. That thief opened the
door of cupboard. Therefore, she lodged complaint as per Exh.6.
5. On considering evidence on record, it appears that at the time
of recording evidence of complainant Suman (P.W. No.1) she has not
identified accused produced through V.C.R. No incriminating and
material evidence came on record against the accused, therefore,
Statement of accused U/sec. 313 of Cr.P.C is dispensed with.
Consequently, for want of evidence the accused is entitled for acquittal
by following order :
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Judgment ..3.. C.C. No.974/PW/2018
O R D E R
i] Accused Mohammad Shafiq Iliyas Shaikh is acquitted of the
offence punishable U/Secs. 454, 380, 511 r/w 34 of IPC as per section
248 (1) of the Cr.P.C.
ii] Bail bonds of the accused stands cancelled.
iii] The accused shall submit fresh bail bonds as per Sec.437 (A) of
Cr. P. C.
iv] Pronounced in open court.
sd/
( S. K. MUNGILWAR )
Addl.Chief Metropolitan Magistrate,
9th Court, Bandra, Mumbai
Dictated on : 19.11.2018
Transcribed on : 19.11.2018
Signed on : 19.11.2018
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