Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 Judgment in C. C. No.182/PW/2019
Filed on .. 14.01.2019
Registered on .. 14.01.2019
Delivered on .. 08.10.2025
Duration .. 06Y 08M 24D
Exh.13
IN THE COURT METROPOLITAN MAGISTRATE,
65th COURT, ANDHERI, MUMBAI.
(Presided over by Hashmi H.A.H.I.)
(Judgment as per Sec. 355 of the Cr.P.C.)
(a) The serial number of the
case;
: C.C. No.182/PW/2019
(b) The date of commission of
offence;
On 24.07.2018
(c) The name of the informant,
if any;
: Through PSO Andheri Police
Station (CR No.362/2018)
(d) The name of the accused
person, his parentage and
residence;
: Mubin Jafar Khan --19 yrs
Occupation : Nil
Res of Room No.1102, Kajuwadi,
Chakala,Andheri (E), Mumbai
(e) The offence complained of
or proved;
: U/Sec.354, 337,509, 323, 504, 506
of the Indian Penal Code
(f) The plea of the accused and
his examination, (if any);
: Accused pleaded not guilty
(g) The final order; : Accused is acquitted
h) The date of such order; : 08.10.2025
Appearance : Ld. APP. Prakash Shejal for the State
Ld. Adv. Shingare for the accused
JUDGMENT
(Delivered on 08.10.2025)
1. Accused has been charge-sheeted for the offences
punishable U/Sec. 354, 337, 509, 323, 504, 506 of the Indian Penal
Code (for short “IPC”).
CNR No. MHMM19-000674-2019
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2 Judgment in C. C. No.182/PW/2019
The prosecution case in short is as follows :-
On 24.07.2018 at 11.00 hrs., in front of Ganesh Society,
Kajuwadi, Andheri (E), Mumbai, the accused has outraged the modesty
of informant viz. Malan Rafi Shaikh by holding her hand by using
criminal force and also insulted the informant by uttering vulgar words
as “ ,s jaMh] rq rks /kansokyh gS] tknk ckr er dj”. Thereafter, informant
lodged report against the accused. On the basis of report Andheri Police
station has registered an offence bearing Crime No.362/2018. During
the investigation, the Investigating Officer has recorded statement of
witnesses and prepared spot panchanama. After completion of
investigation submitted charge-sheet against the accused.
2. I have framed charge against the accused vide Exh.4 and it
read over and explained to accused in vernacular, to which he pleaded
not guilty and claimed to be tried. His defence is of total denial and
false implication.
3. As there is no any incriminating evidence against accused,
therefore statement of accused U/sec. 313 of Criminal Procedure Code
stands dispensed with.
4. Following points arise for my determination and I have
recorded findings thereon for the reasons discussed herein after :-
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3 Judgment in C. C. No.182/PW/2019
S.NO. POINTS FINDINGS
1 Does prosecution prove that accused on
24.07.2018 at 11.00 hrs., in front of Ganesh
Society, Kajuwadi, Andheri (E), Mumbai
outraged the modesty of informant viz. Malan
Rafi Shaikh by holding her hand by using
criminal force and thereby committed an
offence punishable u/sec. 354 of IPC ?
...Not
proved
2 Does prosecution prove that on the above date,
time & place, accused voluntarily caused hurt
to the informant on her leg and witness Bilal
on his chest, head, mouth and hand by fists
blows and thereby committed an offence
punishable U/sec. 337 of IPC ?
...Not
proved
3 Does prosecution prove that on the above date,
time & place, accused insulted the informant
by uttering vulgar words as “ ,s jaMh] rq rks
/kansokyh gS] tknk ckr er dj” and thereby
committed an offence punishable U/sec. 509 of
IPC ?
...Not
proved
4 Does prosecution prove that on the above date,
time & place, accused voluntarily caused
simple hurt to the informant as well as witness
and thereby committed an offence punishable
U/sec. 323 of IPC ?
...Not
proved
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4 Judgment in C. C. No.182/PW/2019
5 Does the prosecution proved that accused on
the aforesaid date, time and place,
intentionally insulted the informant by abusing
and thereby gave provocation to him intending
that such provocation would cause him to
break the public peace and thereby committed
an offence punishable U/sec.504 of the IPC
...Not
proved
6 Does prosecution prove that on the above said
date, time & place, accused committed
criminal intimidation by threatening informant
and thereby committed an offence punishable
U/Sec. 506of IPC ?
...Not
proved
7 What order ? Accused is
acquitted
R E A S O N S
As to points No. 1 to 7:
5. In order to prove guilt of the accused, the prosecution has
examined total two witnesses i.e. P.W. No. 1 Malan Rafiq Shaikh at
Exh.9 and P.W. No.2 Bilal Rafiq Shaikh at Exh.11. Thereafter, the
prosecution filed evidence closed pursis at Exh.12, therefore, the
evidence of prosecution has been closed by passing order below Exh.1.
6. P.W.No.1 informant Malan Rafiq Shaikh in her examination-
in-chief has stated that on 24.07.2018 there was quarrel took place in
between her son and other boys of same locality. Her son sustained
injury on his head. Therefore, she had lodged the report against the
accused who caused injury to her son. FIR marked as Exh.10 bears her
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5 Judgment in C. C. No.182/PW/2019
signature but she doesn’t remember it contents. As the witness not
supported the prosecution case, Ld. A.P.P. sought the permission to
cross-examined her. During the cross-examination conducted by Ld.
APP, she has admitted that, the matter has been settled between them
out of court and there is no dispute between her and accused and she
doesn’t want to proceed with this matter.
7. P.W. No.2 Bilal Rafiq Shaikh deposed that on 24.07.2018
there was quarrel took place in between him and other boys of same
locality. He sustained injury on his head. He did not support the
prosecution case and denied that accused caused injury to his head. This
witness has also admitted that the compromise took place with the
accused out of court and do not want to proceed further in this matter.
8. It is pertinent to note that, the informant as well as the witness
are not supporting to the prosecution case, hence, nothing incriminating
evidence came on record against the accused. It is also pertinent to note
that from the evidence of prosecution, it appears that the compromise
took place between informant and accused, therefore, the prosecution
has not examined further evidence in this matter. Considering facts and
circumstances, I come to the conclusion that prosecution has not proved
the case against the accused beyond all reasonable doubt, therefore, I
answered points No.1 to 7 are in the negative and for answering point
No.8, I pass following order :-
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6 Judgment in C. C. No.182/PW/2019
ORDER
1) Accused viz. Mubin Jafar Khan is acquitted vide Section
248(1) of the Cr.P.C. for the offences punishable U/Sec.
354, 337,509, 323, 504, 506 of the Indian Penal Code
2) Bail bond of accused stands cancelled.
3) Accused is directed to furnish P.B. of Rs.15,000/- for
appearance before the Hon'ble Appellate Court, in case
appeal is filed against the judgment of this Court vide Section
437(A) of the Cr.P.C.
4) Judgment dictated & declared in an open Court.
Date. 08.10.2025 (Hashmi H.A.H.I.)
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
Dictated &
typed on : 08.10.2025
Signed on : 08.10.2025
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