Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO. 300/PW/2019
(Judgment)
MHMM190011792019
Received on : 22/01/2019
Registered on : 22/01/2019,
Decided on : 22/12/2022,
Duration : 03 Y. 11 M. 0 D.
Exh. :
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY NILESH V. BANSAL)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
(a) The serial No. of the case; : 300/PW/2019
(b) The date of commission of
the offence;
: 28/01/2018
(c) The name of the complainant
(if any);
: The State ( Oshiwara Police
Station in C. R. No. 73/2018).
(d) The name of the accused
persons and their parentage
and residence;
: 1. Soudan Narayan Singh,
Age : 48 Yrs. Occ. : Driver,
2. Smt. Pratibha Soudan Singh,
Age : 37 Yrs. Occ. : Housewife,
Both R/o : 408/B, R.No.7,
Matrukrupa Society, S.U.P.
Nagar, Andheri (W), Mumbai.
(e) The offence complained of
or proved ;
: Under Sections 323, 354, 452,
504 and 506 read with Section 34
of the Indian Penal Code.
(f) The plea of the accused and
their examination (if any);
: The accused pleaded not guilty.
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(Judgment)
(g) The final order; : The accused are acquitted.
(h) The date of such order; : 22/12/2022,
Ms. Atiya Shaikh, APP for the State.
Mr. Vijay Dhobi, Advocate for the accused.
J U D G M E N T
(Delivered on 22/12/2022)
1. The accused are prosecuted for the offences punishable under
Sections 323, 354, 452, 504 and 506 read with Section 34 of the Indian
Penal Code.
2. Facts of the prosecution case in short are as under :
The informant Radha Kanhaiya Thakur has given F.I.R. at
police station Oshiwara on 30/01/2018 that on that day at about 20.30
hours accused came there room for vacating the room. When Prem
Thakur, son of the informant, told them to leave, the accused started to
quarrel with him. When the informant tried to convince them, the
accused started to hurl abuses against her. Soudan Singh pushed her and
gave blow of kick on her stomach. The accused threatened her. Hence,
this F.I.R.
3. F.I.R. came to be registered against accused for the abovesaid
offences at police station Oshiwara and investigation was started by
Investigating Officer PSI Sharmila Patil. She has recorded statement of
informant and witnesses, arrested the accused and as there is
incriminating evidence against the accused, she filed chargesheet against
the accused.
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(Judgment)
4. I framed charge against the accused for the above mentioned
offences. The accused pleaded not guilty and claimed to be tried. The
prosecution has examined the informant only. As no incriminating
evidence came on record against the accused, their statement under 313
of the Code of Criminal Procedure came to be dispensed with.
5. The points for determination alongwith my findings thereon
as under :
POINTS FINDINGS
1] Does the prosecution prove that the accused
in furtherance of their common intention,
voluntarily caused hurt to the informant ?
No
2] Does the prosecution prove that the accused
in furtherance of their common intention,
assaulted and used criminal force to the
informant intending to outrage her modesty ?
No
3] Does the prosecution prove that the accused
in furtherance of their common intention,
committed house trespass by entering into
the house of the informant having made
preparation for causing hurt to the informant
and to put her in fear of hurt ?
No
4] Does the prosecution prove that the accused
in furtherance of their common intention,
No
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(Judgment)
intentionally insulted the informant by
abusing her ?
5] Does the prosecution prove that the accused
in furtherance of their common intention,
committed criminal intimidation by
threatening to the informant ?
No
6] What order ? The accused are
acquitted.
REASONS
AS TO POINT NOS. 1 TO 5 :
6. The informant Radha Thakur (P.W.1) deposes nothing
against the accused. The informant did not support the case of
prosecution. During cross examination of learned A.P.P., the informant
stated that dispute is settled between her and accused and therefore she
does not want to proceed with the case.
7. I have gone through the prosecution evidence. The informant
has not supported the case of the prosecution. The informant and accused
have filed compromise pursis on record. From the record it is clear that
due to compromise between the parties, the informant has not stated
anything against the accused persons. No incriminating evidence came on
record against the accused. The prosecution failed to prove the charges
levelled against the accused. Hence, I answer point nos. 1 to 5 in the
negative.
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(Judgment)
AS TO POINT NO.6 :
8. The prosecution failed to prove guilt of the accused.
Therefore, the accused are liable to be acquitted. In the result, in answer
to point no.6, I pass the following order.
ORDER
1 The accused are acquitted of the offences punishable under
Sections 323, 354, 452, 504 and 506 of the Indian Penal Code vide
Section 248 (1) of the Code of Criminal Procedure.
2 Bail bonds of the accused stands cancelled and they be set at
liberty.
3 The accused to execute P.R. Bond of Rs.15,000/ each with one
solvent surety vide Section 437 – A of the Code of Criminal
Procedure for appearance before the higher court, if said court
issues notice to them for their appearance.
Place : Mumbai.
Date : 22/12/2022.
(Nilesh V. Bansal)
Metropolitan Magistrate,
Railway Mobile Court, Andheri, Mumbai.
Dictated On : 22/12/2022,
Transcribed On : 22/12/2022
Checked and Signed On : 22/12/2022
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