Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment ..1.. C.C. No.1020/PS/2018
Exh.
Received on : 16.07.2018
Registered on : 16.07.2018
Decided on : 11.12.2018
Duration : 00 05 05
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 : 1020/PW/2018
(b) Date of commission of the offence. : 27/06/2018
(c) Name of the complainant, if any, : The State (Khar Police
Station, C.R.No.244/2018)
(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/Section 380 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.
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Judgment ..2.. C.C. No.1020/PS/2018
For accused : Shri Tushar Patil
J U D G M E N T
(Delivered on this day 11th day of December, 2018)
1. Accused is prosecuted for the offence punishable U/Secs.380
of IPC.
2. In support of case prosecution has examined panch witness
Vishwanath Parshuram Sawant (P.W. No.1) at Exhibit5 and
Investigating Officer Sachin Ganpat Katkar (P.W. No.2) at Exhibit7.
Prosecution has relied on report at Exhibit10, Spot Panchnama at
Exhibit6, Memorandum Panchnama at Exhibit8 and Seizure
panchanama at Exhibit9.
3. Since the accused is in Jail, case is tried on top priority. I
heard both side at considerable length. Now, I scan oral and
documentary evidence available on record.
4. Accused has admitted report, therefore, prosecution has
proved theft of mobile. However, it has to see whether accused has
committed offence of theft of alleged mobile. In this regard, prosecution
has examined panch witness Vishwanath Parshuram Sawant (P.W.
No.1). He stated that police called him to act as a panch. Complainant
had shown spot of incident, where chairs, belt and clothes were
scattered. Police prepared spot panchanama at Exhibit6 before him.
He specifically stated that nothing was seized in his presence. Thus,
evidence of Vishwanath (P.W. No.1) is not found to discovery and
recovery of stolen mobile.
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Judgment ..3.. C.C. No.1020/PS/2018
5. Investigating officer Sachin Ganpat Katkar (P.W. No.2) stated
that accused gave memorandum statement before panchas. He prepared
memorandum panchanama of accused as per Exhibit8. The accused
took him alongwith panchas, and police staff to Joggers Park. Accused
taken out bag from back side of the room of watchman. He seized bag
containing 3 mobiles and prepared seizure panchanama as per
Exhibit9. However, prosecution has not produced seized mobile before
the court for identification. As such, prosecution has not examined
panch witness on Memorandum Panchanama and Seizure Panchanama
to support the evidence of Sachin Ganpat Katkar (P.W.No.2). Sachin
(P.W.No.2) has not given number of private vehicle by which they
reached to the spot and the reason for engaging private vehicle. The
evidence of Sachin (P.W.2) is insufficient to prove discovery and
recovery of mobile from the possession of accused.
6. Having considered oral and documentary evidence on record,
it reveals that prosecution failed to prove seizure of stolen mobile from
the possession of accused. In the result, no offence of theft is
established against the accused. Therefore, I proceed to pass following
order :
ORDER
1] Accused Gopal Manoj Bishwas is acquitted of the offence
punishable U/Secs.380 of IPC as per section 255 (1) of the Cr.P.C.
2] Bail bond of the accused shall cancelled.
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Judgment ..4.. C.C. No.1020/PS/2018
3] The accused shall submit fresh bail bond as per Sec.437 (A) of
Cr. P. C.
4] Seized property, if any, be returned to the informant, after the
appeal period is over.
5] 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
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