Final Order 1

Order Details: Copy of Judgment
Pdf Text: JUDGMENT 1
C.C.NO.1207/PW/2018
Exh.
Received on : 20/08/2018
Decided on : 24/10/2019
Duration : 01 02 04
Y M D
CNR MHMM18008851 2018
IN THE COURT OF THE ADDLCHIEF METROPOLITAN MAGISTRATE,
9TH COURT, BANDRA, MUMBAI
JUDGMENT U/SEC. 355 OF THE CR. P. C.
PRESIDED OVER BY S.K.MUNGILWAR
(a) Serial number of the case : 1207/PW/2018
(b) Date of commission of the offence. : 10/05/2018
(c) Name of the complainant, if any, : The State (Mahim Police
Station, C.R.No.163/2018)
(d) Name of the accused person, his
parentage and residence
: Bilal Ibrahim Mansoori
Age: 30 yrs, Occ : Driver
R/at : Mahim(W), Mumbai.
(e) Offence complained of or proved. : U/Section 392 r/w 34 of
I.P.C.
(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 : 24/10/2019
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JUDGMENT 2
C.C.NO.1207/PW/2018
ADVOCATES:
For the State : Smt. M.F. Pakajade, A.P. P.
For accused : Shri. Ankit Mota.
J U D G M E N T
(Delivered on 24th October 2019)
1. Accused is prosecuted for the offence punishable U/Sec.392
r/w 34 of Indian Penal Code.
2. In support of it's case, prosecution examined only two
witnesses, to wit, informant , Mohd. Sadaf Sami Qureshi (P.W.1) at
Exh.7 and investigating officer, Avinash Arvind Shelake (P.W.No.2) at
Exh.9. Prosecution has also relied on report of informant at Exh.8 ,
memorandum panchanama at Exh.10, Panchanama at Exh.11 and Spot
Panchanama at Exh.12.
3. I have heard both side at length. Now, I appreciate oral
and documentary evidence available on record.
4. Accused Bilal Ibrahim Mansoori is under trial prisoner,
therefore, his case tried on top priority. Informant , Mohd. Sadaf Sami
Qureshi (P.W.1) deposed that on 10/05/2018 at about 09.30 p.m. he
was walking in the lane beside St. Michel Church. That time two
unknown persons came on bike and snatched his mobile. He went to
Mahim Police station and lodged report as per Exh.8. On the basis of
evidence of informant , Mohd. Sadaf Sami Qureshi (P.W.1), prosecution
has proved theft of his mobile. Now it has to see whether that mobile
was seized at the instance of accused.
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JUDGMENT 3
C.C.NO.1207/PW/2018
5. To prove the said fact, the prosecution has examined
investigating officer, Avinash Arvind Shelake (P.W.No.2). He recorded
Memorandum Statement of accused as per Exh.10. He alongwith police
staff, panchas and accused had gone to L.J. Cross Road no.1. However,
accused denied to give mobile, therefore, he prepared Panchanama to
that effect as per Exh.11. He prepared Spot Panchanama at the spot in
presence of panchas as per Exh.12. From the evidence of investigating
officer, it is crystal clear that nothing was seized from the possession of
the accused or at the instance of accused. Therefore, accused can not
be connected with the offence of robbery without there being seizure of
stolen mobile.
6. On considering the evidence on record, it appears that no
seizure made out in this case, therefore, no offence of theft by robbery
is made out against the accused. In the result, the accused is entitled
for acquittal by following order.
ORDER
i] Accused Bilal Ibrahim Mansuri is acquitted of the offences
punishable U/Secs. 392 r/w 34 of IPC as per section 248 (1) of the
Cr.P.C.
ii] Accused is in custody, he be released forthwith, if not required
in any other crime.
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JUDGMENT 4
C.C.NO.1207/PW/2018
iii] Dictated and pronounced in open court.
( S. K. Mungilwar )
Addl. Chief Metropolitan Magistrate,
Date : 24/10/2019 9th Court, Bandra, Mumbai.
Dictated on : 24/10/2019
Transcribed on : 24/10/2019
Signed on : 24/10/2019
ASD.
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