Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment ..1.. C.C. No.1027/PW/2018
Exh.
Received on : 18.07.2018
Decided on : 02.11.2018
Duration : 00 03 14
Y M D
IN THE COURT OF THE ADDL.CHIEF METROPOITAN MAGISTRATE,
JAIL COURT AT ARTHUR ROAD JAIL, MUMBAI
JUDGMENT U/SEC. 355 OF THE CR. P. C.
(a) Serial number of the case : 1027/PW/2018
(b) Date of commission of the offence. : 11/10/2017
(c) Name of the complainant, if any, : The State (Khar Police
Station, C.R.No.389/2017)
(d) Name of the accused persons, their
parentage and residence
: 1Danish Afjal Shaikh Age : 23
yrs, R/o : Room no. 309, B2F,
Shri Ganesh Building, Tardeo,
Mumbai.
2 Rehman Saeed Shaikh, 24
yrs, R/o : Room no. 1402, B2
F, Shri Ganesh Building,
Tardeo, Mumbai.
(e) Offence complained of or proved. : U/Sections 379 r/w. 34 of
IPC
(f) Plea of the accused persons and
their examination, if any
: Accused pleaded not guilty.
(g) Final order : Accused are acquitted.
(h) Date of order : 02/11/2018
ADVOCATES:
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Judgment ..2.. C.C. No.1027/PW/2018
For the State : Shri Nerlikar , A.P. P.
For accused : Shri Ankit Mota
J U D G M E N T
(Delivered on this day 2nd day of November, 2018)
1. Accused are prosecuted for the offence punishable U/Sec.379
r/w. 34 of IPC.
2. In support of it's case, prosecution examined only one witness
namely Investigating OfficerSachin Ganpat Katkar (P.W.1) at Exh. 6
and also brought on record complaint at Exh.7 through his evidence.
3. In the present case, accused no. 1 is under trial prisoner,
therefore, trial proceeded on top priority. I have heard both sides at
length. Now, I appreciate oral and documentary evidence available on
record.
4. It is evidence of the Investigating Officer Sachin (P.W.1) that
during investigation accused admitted about commission of theft and
selling mobile to one Maloo. It is cardinal principle of law that,
confession before police officer is inadmissible in evidence. Moreso,
Investigating Officer Sachin (P.W.1) neither arrested Maloo nor seized
mobile from his possession to connect the accused with this offence.
Evidence of Sachin (P.W.1) is insufficient to establish the guilt of the
accused. In the result, accused are entitled for acquittal. Hence, I
proceed to pass following order :
ORDER
1] Accused No. 1Danish Afjal Shaikh and accused no. 2
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Judgment ..3.. C.C. No.1027/PW/2018
Rehman Saeed Shaikh are acquitted of the offences punishable U/Secs.
379 r/w. 34 of IPC as per section 248(1) of the Cr.P.C.
2] Bail bond of accused no. 2 stands cancelled.
3] The accused shall submit fresh bail bonds as per Sec.437 (A) of
Cr. P. C.
4] Accused no. 1 is in jail. He be released forthwith if not
required in any other case. Inform the Jailor accordingly.
5] Pronounced in open court.
Sd/
(S. K. MUNGILWAR)
Addl.Chief Metropolitan Magistrate,
Jail Court at Arthur Road Jail, Mumbai
Dictated on : 02.11.2018
Transcribed on : 02.11.2018
Signed on : 02.11.2018
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