Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 Judgment in C. C. No.320/PW/2019
Filed on .. 23.01.2019
Registered on .. 23.01.2019
Delivered on .. 09.10.2024
Duration .. 05Y 08M 16D
CNR No.MHMM190013122019
Exh.10
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.320/PW/2019
(b) The date of commission of
offence;
During the period August 2017 to
27.10.2018
(c) The name of the informant,
if any;
: Through PSO Andheri Police
Station (CR No.534/2018)
(d) The name of the accused
person, his parentage and
residence;
: 1. Rekha Hemchandra Kanojia–44
Occupation : Nil
2. Kunal Hemchandra Kanojia– 26
Occupation : Nil
Both R/o.: B101, Gokul Viraj,
Kranti Nagar, Chakala, Andheri
(E), Mumbai.
(e) The offence complained of
or proved;
: U/Sec. 380, 454,457 r/w. 34 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 are acquitted
h) The date of such order; : 09.10.2024
Appearance : Ld. APP. Samrat Patil for the State
Ld. Adv. Zapde for the accused
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2 Judgment in C. C. No.320/PW/2019
JUDGMENT
(Delivered on 09.10.2024)
1. Accused have been chargesheet ed for the offences
punishable U/Sec.380,454,457 r/w. 34 of the Indian Penal Code (for
short “IPC”).
The prosecution case in short is as follows :
During the period in between August 2017 to 27.10.2018 at
101, Gokulvraj, Kranti Nagar, J.B. Nagar, Andheri (E), Mumbai in
furtherance of their common intention accused has committed theft of
cash, gold ornaments, Goggle, Power bank of Sony Company, Pearl ear
ring, Head phone belonging to the informant total amounting to
Rs.94,000/. Thereafter, the informant lodged complaint against the
accused. On the basis of complaint Andheri Police station has registered
an offence bearing Crime No.534/2018. During the investigation, the
Investigating Officer has recorded statement of witnesses, prepared spot
panchanama as well as seizure panchanamas. After completion of
investigation submitted chargesheet against the accused.
2. My Learned Predecessor has framed charge against the
accused vide Exh.02 dtd. 25.02.2020 and it read over and explained to
accused in vernacular, to which they pleaded not guilty and claimed to
be tried. Their defence is of total denial and false implication.
3. As incriminating evidence came against the accused hence,
statement of accused U/sec. 313 of Criminal Procedure Code is recorded
at Exh.8 and 9 respectively. Defence of accused is total denial and false
implication.
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3 Judgment in C. C. No.320/PW/2019
4. Following points arise for my determination and I have
recorded findings thereon for the reasons discussed herein after :
S.NO. POINTS FINDINGS
1 Does prosecution prove that the accused during
the period August 2017 to 27.10.2018 at 101,
Gokulvraj, Kranti Nagar, J.B. Nagar, Andheri
(E), Mumbai in furtherance of their common
intention committed theft of cash, gold
ornaments, Goggle, Power bank of Sony
Company, Pearl earring, Head phone total
worth Rs.94,000/ belonging to the informant? ...Not
proved
2 Does prosecution prove that on the above date,
time & place, accused in furtherance of their
common intention committed lurking house
trespass in the abovesaid place of informant in
order to commission an offence ?
...Not
proved
3 Does prosecution prove that on the above date,
time & place, accused in furtherance of their
common intention committed the offence of
lurking house trespass by night in the house of
informant and remained there for the
commission of offence ?
...Not
proved
4 What order ? Accused are
acquitted
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4 Judgment in C. C. No.320/PW/2019
R E A S O N S
As to points No. 1 to 3 :
5. In order to prove guilt of the accused, the prosecution has
examined in only one witness i.e. P.W. No. 1 Yashwant Anandrao Patil
at Exh.5.
6. P.W. No.1 Yashwant Anandrao Patil is the investigating
officer. He deposed that on 28.10.2018 he was attached to Andheri
Police Station as a PSI. On that day he was deputed as Detection Officer.
Informant Pretti Philip K.C. came to police station. Shri. Chetan
Pacherval, PSI registered the complaint given by the informant viz.
Pretti Philip K.C.. He has registered the complaint as per her narration.
FIR is at Exh.6. After registration of offence, investigation was handed
over to him. During the course of investigation, he has arrested the
accused person. During the police custody accused no.1 given the
memorandum statement and he had prepared seizure panchanama of
alleged muddemal i.e. gold ingot in presence of two panch witness.
Memorandum panchanama and seizure panchanama is at Exh.7. After
completion of investigation, he had filed chargesheet against both the
accused persons. During his crossexamination he denied all the
suggestions putforth to him.
7. After considering the evidence of prosecution, it appears that
the informant not stated the accused persons committed theft of cash,
gold ornaments, Goggle, Power bank of Sony Company, Pearl earring,
Head phone total worth Rs.94,000/ belonging to the informant. In the
present matter the informant viz. Pretti Philip K.C. has not traceable
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5 Judgment in C. C. No.320/PW/2019
therefore, concerned police station submitted it's report at Exh.5. The
prosecution has not proved the seizure panchanama Exh.7 from the
independent witnesses. Moreover, the evidence of P.W.No.1 Yashwant
Anandrao Patil is not sufficient as the prosecution has failed to prove the
panchanama in accordance with law. Thus, the sole testimony of
investigating officer is not sufficient to prove the guilt of accused
without corroboration.
8. Considering facts and circumstances, I come to the
conclusion that prosecution has not proved the case against the accused
beyond reasonable doubt, therefore, I answered points No.1 to 3 are in
the negative and for answering point No.4, I pass following order :
ORDER
1) Accused viz. 1. Rekha Hemchandra Kanoji and 2. Kunal
Hemchandra Kanojia are acquitted vide Section 248(1) of
the Cr.P.C. for the offences punishable U/Sec.380,454,457
r/w. 34 of the Indian Penal Code
2) Bail bonds of accused are stands cancelled.
3) Accused are directed to furnish P.B. of Rs.15,000/ each
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) Seized muddemal i.e. 34 grams gold ingot be returned to
it's original owner after appeal period is over, if any.
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6 Judgment in C. C. No.320/PW/2019
5) Judgment dictated & declared in an open Court.
Date : 09.10.2024 (Hashmi H.A.H.I.)
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
Dictated &
typed on : 09.10.2024
Signed on : 09.10.2024
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