Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment ..1.. C.C. No.1019/PS/2018
Exh.
Received on : 16.07.2018
Registered on : 16.07.2018
Decided on : 11.12.2018
Duration : 00 04 24
Y M D
IN THE COURT OF THE ADDL.CHIEF METROPOLITAN MAGISTRATE,
9TH COURT, BANDRA, MUMBAI
JUDGMENT U/SEC. 355 OF THE CR. P. C.
(a) Serial number of the case : 1019/PW/2018
(b) Date of commission of the offence. : 30/06/2018
(c) Name of the complainant, if any, : The State (Khar Police
Station, C. R. No.236/2018)
(d) Name of the accused person, his
parentage and residence
: Gopal Manoj Bishwas
Age : 24 yrs,
R/o : Joggers Park, Chimbai,
Carter Road, Khar West,
Mumbai.
(e) Offence complained of or proved. : U/Sections 454, 457, 380,
511 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 : 11/12/2018
ADVOCATES:
For the State : Shri. Nerlikar , A.P. P.
For accused : Shri Tushar Patil
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Judgment ..2.. C.C. No.1019/PS/2018
J U D G M E N T
(Delivered on this day 11th day of December, 2018)
1. Accused is prosecuted for the offences punishable U/Sections
454, 457, 380, 511 of IPC.
2. In support of case, prosecution has examined informant Ravi
Bhushan Poplai (P.W. No.1) at Exhibit4, Panch witness Vishwanath
Parshuram Sawant (P.W. No.2) at Exhibit6 and Investigating Officer
Sachin Ganpat Katkar (P.W. No.3) at Exhibit8. Apart from popular
evidence, prosecution has relied on evidence and Spot panchanama at
Exhibit7.
3. Since the accused is in Jail, case is tried on top priority. I
heard Ld. APP for state and Ld. counsel for accused at considerable
length. I appreciate oral evidence on record.
4. It has come in the evidence of complainant Ravi Bhushan
Poplai (P.W. No.1) that on 21.06.2018 he was informed that lock of
rented premises given to Vidhi Mehra was broken. He went there and
found broken lock of his shop and rented premises. He inspected office
but, fortunately nothing was stolen from his shop. On the basis of
evidence of Ravi (P.W. No.1), the prosecution has proved attempt of
theft.
5. Now, it has to see whether accused has relevance with this
crime. The prosecution has examined panch witness Vishwanath
Parshuram Sawant (P.W. No.2). His evidence discloses that he was
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Judgment ..3.. C.C. No.1019/PS/2018
called near Radha Building, 36th Road, Khar West. Complainant had
shown the spot of incident, where articles and chairs were scattered.
Complainant had shown broken lock of shutter and broken lock of
Godrej Cupboard. Accordingly, panchanama was prepared in his
presence. It is undisputed fact that Vishwanath (P.W.No.2) has deposed
in many cases before this court, and he is habitual panch. His evidence
do not discloses that accused was present at the time of panchanama.
Therefore, it can not be said that accused is connected with this crime
relying on the evidence of Vishwanath (P.W. No.2).
5. Lastly, prosecution has examined Sachin Ganpat Katkar (P.W.
No.3), who stated that all the property is recovered and accused given
confessional statement before him. Evidence of Sachin Ganpat Katkar
(P.W. No.2) is inconsistent with the facts of case. Report shows that no
property was stolen but, this witness stated that property was recovered
from the possession of the accused. Therefore, his evidence can not be
relied on and found insufficient to connect the accused with this crime.
6. Having considered oral and documentary evidence on record,
it reveals that there is no evidence on record of lurking house tress pass
in night and attempt to commit theft by accused. In absence of material
evidence on record, accused is entitled for acquittal. In the result, I
proceed to pass following order :
ORDER
1] Accused Gopal Manoj Bishwas is acquitted of the offence
punishable U/Secs. 454, 457, 380, 511 of IPC as per section 255 (1) of
the Cr.P.C.
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Judgment ..4.. C.C. No.1019/PS/2018
2] Bail bond of the accused shall cancelled.
3] The accused shall submit fresh bail bond as per Sec.437 (A) of
Cr. P. C.
4] Judgment is pronounced in open court.
Sd/
(S. K. Mungilwar)
Addl.Chief Metropolitan Magistrate,
9th Court, Bandra, Mumbai
Dictated on : 11.12.2018
Transcribed on : 11.12.2018
Signed on : 11.12.2018
kkg
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