Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 1000218 / PS / 2018
C/S filed on : 17012018
Decided on : 21092019
Duration : 01Y, 08M & 04D
Exh. 10
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. 1000218/PS/2018
CNR No. MHMM19001376
2018
(b) The date of the commission of
the offence
: 26112017
(c) The name of the Informant : The State (Juhu Police Station in
C. R. No. 719/2017)
(d) The name of the accused and
his parentage and residence;
: Mahesh Sitaram Kadam
Age : 39 years,
Occ. : BEST Bus Driver
Res : AtPost Kapare,
TalChiplun, Dist.Ratnagiri.
(e) The offence complained of : Under Section 279 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 is acquitted
(h) The date of such order : 21092019
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri. P. S. Sapkale.
Advocate for the accused : Shri. P. A. Shetty.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
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2 C. C. No. 1000218 / PS / 2018
The accused is facing trial for the offence punishable
under Section 279 of the Indian Penal Code.
2 In order to prove the guilt of the accused, prosecution
has examined only one witness i.e. Sajeet Narayan Nabudri as
PW No.1 at Exh.7. He is the informant, aggrieved and sole victim
of this case. He has not supported the case of prosecution. He has
denied to identify the accused as the person responsible for the
said incident. Though he has supported the case initially,
however, lateron denied to identify the accused and filed
application vide Exh.9 for nonprosecution. Hence, in view of non
support of this most relevant witness, the allegation against
accused cannot be proved. Hence, with the consent of Ld.
A.P.P., I have closed evidence side of prosecution and dispensed
with the statement u/s. 313 of Cr.P.C. As the informant and victim
of this case has denied to identify the accused, therefore allegation
raised against accused remains unproved beyond all shadows of
doubt. Hence, I am satisfied to acquit the accused by giving him
benefit of doubt. Hence, following order.
O R D E R
i) Accused Mahesh Sitaram Kadam is acquitted of the offences
punishable under Section 279 of the Indian Penal Code
vide Sec. 255 (1) of the Code of Criminal Procedure.
ii) Bail bond of the accused stands cancelled.
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3 C. C. No. 1000218 / PS / 2018
iii) The accused shall furnish bond of Rs.10,000/ (Rs. Ten
Thousand only) under Section 437(A) of the Code of
Criminal Procedure
Sd/
(R. R. Khan)
Metropolitan Magistrate,
Date : 21092019 1 0th Court, Andheri, Mumbai.
*csj
Dictated on : 21092019
Transcribed on : 21092019
Signed on : 21092019
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