Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 157 / PW / 2018.
C/S filed on : 11.01.2018.
Decided on : 28.03.2019.
Duration : 1 Y, 2 M & 17 D
Exh. 8
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY R. R. KHAN)
(a) The serial number of the
case.
: C. C. No. 157 / PW / 2018.
(b) The date of the commission
of the offence.
: 06.11.2017.
(c) The name of the Informant. : The State (Juhu Police Station
in C. R. No.688/2017)
(d) The name of the accused
person and his parentage
and residence;
: Manish Natraj Devendra,
Age : 19 years, Occ :
Res : Vile Parle (W), Mumbai.
(e) The offence complained of : Under section 380 r/w 34 of
the Indian Penal Code.
(f) The plea of the accused and
his examination.
: The accused pleaded not
guilty.
(g) The final order : The accused is acquitted.
(h) The date of such order : 28.03.2019.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Accused in person.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused is facing trial for the offence punishable under
section 380 r/w 34 of the Indian Penal Code.
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2 C. C. No. 157 / PW / 2018.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of PW1 Kaliappa
Andiappa Devendra at Exh.6 came to be recorded. As no
incriminating evidence has come on record against the accused,
hence, the statement of accused under section 313 of the Code of
Criminal Procedure is dispensed with. I have heard Shri P. S.
Sapkale, Ld. APP for the State and accused in person at length. I
have perused the evidence on record very minutely and carefully.
3 In so far as evidence on record is concerned, PW1 Kaliappa is
the informant and aggrieved of this case. He has not supported the
case of prosecution. Per contra, he has deposed that he doesn't
know who has committed theft in his house and do not want to
proceed with the case. Hence, in view of non support of this most
relevant witness, the allegations leveled against accused cannot be
proved in any manner. Hence, I am satisfied to acquit the accused
by passing following order
O R D E R
i Accused Manish Natraj Devendra is
acquitted of the offences punishable under sections
380 r/w 34 of the Indian Penal Code vide Sec. 248
(1) of the Code of Criminal Procedure.
ii The accused is in jail. He be released
forthwith, if not required in any other
offence/case.
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3 C. C. No. 157 / PW / 2018.
iii The accused shall furnish bond of
Rs.10,000/ under section 437(A) of the Code of
Criminal Procedure.
iv Muddemal Property i. e. Voting ICard and
Aadhar Card be returned to its real owner, on
proper identification and verification, after appeal
period is over.
Sd/
Dt. 28.03.2019. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 28.03.2019.
Transcribed on : 28.03.2019.
Signed on : 28.03.2019.
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