Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 296 / PW / 2018.
C/S filed on : 23.01.2018
Decided on : 06.09.2018
Duration : 7 M & 14 D.
Exh. 12.
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. 296 / PW / 2018.
(b) The date of the commission
of the offence.
: 26.10.2016
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.716/2016)
(d) The name of the accused
persons and their parentage
and residence;
: 1) Smt. Mubina Mohd. Rafiq
Noorani,
Age : 31 years, Occ : Housewife,
Res : Andheri (W), Mumbai.
2) Shahabuddin Fakir
Mohd. Mukri,
Age : 58 years, Occ : Business,
Res : Malad (E), Mumbai.
3) Shahnawaz Shahabuddin
Mukri,
Age : 21 years, Occ : Business,
Res : Malad (E), Mumbai.
(e) The offence complained of : Under sections 326, 324, 323,
504, 506(II) r/w 34 of the
Indian Penal Code.
(f) The plea of the accused and
their examination.
: The accused pleaded not
guilty.
(g) The final order : The accused are acquitted.
(h) The date of such order : 06.09.2018.
(i) Brief statement of reasons : As recorded herein below.
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2 C. C. No. 296 / PW / 2018.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for all the accused : Shri Naseem Shaikh.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused are facing trial for the offences punishable
under sections 326, 324, 323, 504, 506(II) r/w 34 of the Indian
Penal Code.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of PW1 Smt. Rubina
Mohd. Aasif Noorani at Exh.11 came to be recorded. I have heard
Shri P. S. Sapkale, Ld. APP for the State and Shri Naseem Shaikh
Ld. Advocate for all the 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.
Rubina is the informant, aggrieved and only injured of this case.
She has not supported the case of prosecution. Per contra, she has
denied the incident of assault. Both parties have also filed a pursis
at Exh.10 quoting therein that informant has settled the matter
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
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3 C. C. No. 296 / PW / 2018.
O R D E R
i Above named accused nos.1 to 3 are
acquitted of the offences punishable under sections
326, 324, 323, 504, 506(II) r/w 34 of the Indian
Penal Code vide Sec. 248 (1) of the Code of
Criminal Procedure.
ii Bail bonds of the accused nos. 1 to 3 stand
cancelled.
iii The accused nos.1 to 3 shall furnish bonds
of Rs.10,000/ by each under section 437(A) of the
Code of Criminal Procedure.
Sd/
Dt. 06.09.2018. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 06.09.2018.
Transcribed on : 06.09.2018.
Signed on : 06.09.2018.
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