Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
C. C. NO. 4399/PS/2024
C. R. No. 643/2024 of Vakola P. Stn.
1. Name of Accused :- Abdul Momin Ajgar Ali Shaikh.
2. Offence complained :- P.U.S.279, 336 of I.P.C.
3. Particulars of Offence :- That on 25/06/2024, in between 11.45
to 13.00 hours, at Southern way, Nehru Road, Opposite direction
of Vakola Junction, Santacruz (E) Mumbai, you accused were
found driving vehicle i.e. motor scooter bearing registration
No.MH-01-AW-4793, so rashly or negligently as to endanger
human life or to be likely to cause hurt or injury to any person and
thereby committed an offence punishable under section 279 of
I.P.C. and within my cognizance.
Secondly, That, you accused on above date, time and place drove
above mentioned vehicle, as to endanger human life and thereby
committed an offence punishable under section 336 Indian Penal
Code and within my cognizance.
Plea of Accused :
Q.1: Have you received copy of Charge-sheet ?
Ans: Yes.
Q.2: Have you heard & understood the Charge now read over &
explained to you ?
Ans : Yes.
Q.3: Do you plea guilty ?
Ans : Yes.
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Signature of Accused
Before me,
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
Date : 12/08/2024.
JUDGMENT
1. The accused is alleged to have committed offences
punishable under sections 279, 336 of I.P.C. The accused has pleaded
guilty voluntarily, when the consequences of pleading guilty were
explained to him. Thus, the accused will have to be convicted.
2. The Ld. A.P.P. argued for maximum punishment. However,
there is no evidence of the previous conviction of the accused under the
said sections available on record.
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3. Heard the accused on the point of sentence. He stated that,
he is only earning member in his family. His economic condition is not
sound. His family is totally dependent on him. He further stated that, it
is his first offence and he assured that, he will not commit any offence
in future.
4. Considering the plea of the accused, following order is
passed.
ORDER
1) The accused is hereby convicted under Sec. 252 of Cr. P.
C. for the offence P.U.S. 279 of Indian Penal Code and
is sentenced to pay fine of R.1,000/- (One Thousand)
and in default of payment of fine the accused is
sentenced to suffer Simple Imprisonment for Five (05)
days.
2) The accused is hereby convicted under Sec. 252 of Cr. P.
C. for the offence P.U.S. 336 of Indian Penal Code and
is sentenced to pay fine of R.250/- (Two Hundred and
Fifty) and in-default of payment of fine the accused is
sentenced to suffer Simple Imprisonment for One (01)
day.
3) Both sentences to run consecutively.
4) Seized property if any be returned to its lawful owner,
as per rule.
5) Proceeding closed. Case papers be filed.
Place : Mumbai.
Date : 12/08/2024.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
Date : 12/08/2024.
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