Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 199 / PW / 2019.
C/S filed on : 14.01.2019.
Decided on : 03.01.2022
Duration : 2Y 11 M 19 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. 199 / PW / 2019.
(b) The date of the commission
of the offence.
: 15.05.2018.
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.
239/2018)
(d) The name of the accused
person and his parentage
and residence;
: 1) Raviraj Manohar Khedekar,
Age : 29 years,
Occ : Business,
Res:Jogeshwari (W), Mumbai.
2) Smt. Geetanjali Raju
Karekar, Age : 45 years,
Occ : Business,
Res : Andheri (W), Mumbai.
3) Smt. Aasavari Manohar
Rajopadhey @ Aasavari Atith
Shah.
Age : 32 years,
Occ : Architect
Res : Andheri (W), Mumbai.
4) Mr. Nelson Wilson Nukas
Age : 31 years, Occ : Nil,
Res Jogeshwari (W), Mumbai.
-- 1 of 4 --
- 2 - C. C. No. 199 / PW / 2019.
5) Mr. Chandradip Manohar
Khedekar
Age : 32 years, Occ : Service,
Res: Jogeshwari(W), Mumbai.
(e) The offence complained of : Under sections 354, 323, 142,
143, 147, 149, 504 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 are acquitted.
(h) The date of such order : 03.01.2022.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri. Shah
Advocate for the accused : Shri Nayak
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused are facing trial for the offences punishable
under sections 354, 323, 142, 143, 147, 149, 504 of the Indian
Penal Code.
2 In order to prove the guilt of the accused persons,
prosecution has examined only one witness. The evidence of PW1
Smt. Nirmala Ajit Gite at Exh.6 came to be recorded. As no
incriminating evidence has come on record against the accused
persons, hence, their statements under section 313 of the Code of
Criminal Procedure is dispensed with. I have heard Shri. Shah, Ld.
APP for the State and Shri. Nayak learned Advocate for the
-- 2 of 4 --
- 3 - C. C. No. 199 / PW / 2019.
accused at length. I have perused the evidence on record very
minutely and carefully.
3 In so far as evidence on record is concerned, PW1 Smt.
Nirmala is the informant, aggrieved and sole injured of this case.
She has not supported the case of prosecution. Per contra, she has
denied the incident of outraging of modesty, wrongful restrain and
assault. She has also filed an affidavit at Exh.7 quoting therein that
she 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 Nos.1) Raviraj Manohar Khedekar,
2) Smt. Geetanjali Raju Karekar, 3) Smt. Aasavari
Manohar Rajopadhey @ Aasavari Atith Shah,
4) Mr. Nelson Wilson Nukas and 5) Mr.
Chandradip Manohar Khedekar are acquitted of
the offences punishable under sections 354, 323,
142, 143, 147, 149, 504 of the Indian Penal Code
vide Sec. 248 (1) of the Code of Criminal
Procedure.
-- 3 of 4 --
- 4 - C. C. No. 199 / PW / 2019.
ii Bail bonds of the accused stand cancelled.
iii All accused shall furnish bond of
Rs.10,000/- each under section 437(A) of the
Code of Criminal Procedure.
Sd/-
Dt. 03/01/2022 (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Dictated on : 03/01/2022
Transcribed on : 03/01/2022
Signed on : 03/01/2022
-- 4 of 4 --