Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment ..1.. C.C. No.994/PW/2018
Exh.
Received on : 10.07.2018
Decided on : 11.02.2019
Duration : 00 07 00
Y M D
CNRMHMM180076932018
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 : 994/PW/2018
(b) Date of commission of the offence. : 22/02/2018
(c) Name of the complainant, if any, : The State (Khar Police
Station, C.R.No.82/2018)
(d) Name of the accused person, his
parentage and residence
: Mukesh Anil Gawade, Age :
23 yrs, R/o : Gajdharbandh,
Santacruz (W), Mumbai.
(e) Offence complained of or proved. : U/Sections 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.994/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.380
r/w.34 of IPC.
2. In support of it's case, prosecution has examined in all three
witnesses namely InformantAkshay Vijay Sonavane (P.W.1) at Exh. 5,
panchVishwanath Parshuram Sawant (P.W.2) at Exh. 7 and
Investigating Officer Sachin Ganpat Katkar (P.W.3) at Exh. 10.
Prosecution also relied on report lodged by informant at Exh. 6,
memorandum statement of accused at Exh. 8 and seizure panchanama
Exh. 9.
3. I have heard both sides at length. Now, I appreciate oral and
documentary evidence available on record.
4. Evidence of informantAkshay (P.W.1) discloses that on the
day of incident he was sleeping in his house. His mother heard
something, therefore, they woke up. He found one person running
from his house. He followed him, but could not find out him. He
noticed theft of golden earring, gold mangalsutra and four mobiles.
Therefore, he lodged report as per Exh. 6. Prosecution have not
produced four mobiles for identification as a stolen property.
5. Thereafter, prosecution has examined it's habitual panch
witness namely Vishwanath (P.W.2). It is a fact of judicial notice that
this witness has deposed before this court in more than 50 cases. His
evidence discloses that accused gave confessional statement in his
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Judgment ..3.. C.C. No.994/PW/2018
presence as per Exh.8. He alongwith police staff and accused had been
to the house of accused. The accused bring out two mobiles from the
loft of his house. Seizure panchanama at Exh. 9 was prepared in his
presence. Similarly, Investigating Officer, Sachin (P.W.3) deposed that
accused gave confessional statement and agreed to produce hidden
stolen mobiles. They had gone to the house of accused by Government
vehicle. The accused taken out a bag containing two mobiles. He
prepared seizure panchanama at Exh.9. This witness has reproduced
the investigation carried out by him.
6. On perusal of the oral and documentary evidence available
on record, it appears that prosecution has not produced stolen mobiles
before the Court for identification and to prove link between accused
and commission of an offence. As such prosecution has failed to prove
recovery of stolen mobiles from the possession of accused. Therefore,
prosecution miserably failed to establish the guilt of accused beyond all
reasonable doubts. Hence, I proceed to pass following order :
ORDER
1] Accused Mukesh Anil Gawade is acquitted of the offence
punishable U/Secs. 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. mobiles of Samsung J 2 and
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Judgment ..4.. C.C. No.994/PW/2018
Micromax Q 4001 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/
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