Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO.450/PW/2018
Filed on .. 06/02/2018
Registered on .. 06/02/2018
Delivered on .. 06/05/2023
Duration .. 05Y 03M 00D
CNR No. MHMM190015032018
Exh.5
BEFORE 65th METROPOLITAN MAGISTRATE,
ANDHERI, MUMBAI.
(Presided over by C.P. Kashid)
(Judgment as per Sec. 355 of the Cr.P.C.)
(a) The serial number of the
case;
: C.C. No.450/PW/2018
(b) The date of commission of
offence;
On 15.12.2017 at about 11.50
p.m.
(c) The name of the
informant, if any;
: Through PSO Andheri Police
Station (CR No.629/2017)
(d) The name of the accused
person, his parentage and
residence;
: Sohel Gani Malik
Age : 35 years
Occupation : Nil
R/o.: Room No.106,
6th Floor, Rajshri Building,
Dhobighat, Andheri East,
Mumbai69.
(e) The offence complained of
or proved;
: U/Sec.394, 504, 506(ii) & 427
of the Indian Penal Code.
(f) The plea of the accused
and his examination, (if
any);
: Accused pleaded not guilty
(g) The final order; : As Per Final Order
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2 C. C. NO.450/PW/2018
(h) The date of such order; : 06/05/2023
Appearance : Ld. APP. Samrat Patil for the State
Ld. Adv. H. M. Shetty for the accused
JUDGMENT
(Delivered on 06/05/2023)
1. Accused has been chargesheet ed for the offences
punishable U/Sec.394, 504, 506(ii) & 427 of the Indian Penal
Code (for short “IPC”).
The prosecution case in short is as follows :
On 15.12.2017 at about 11.50 p.m., in front of Courier
shop, Telli gali, Andheri East, Mumbai, accused voluntarily caused
hurt to the informant namely Ravindra Kanjarbhat in committing
robbery of gold chain, abused him, threatened him. Accused also
committed mischief by damaging mobile phone of the informant.
Therefore, the informant went to Andheri police station and
lodged FIR. As per FIR, Crime No. 629/2017 registered against the
accused. Thereafter, Investigating Officer recorded statement of
witnesses, prepared spot panchanama and memorandum
panchanama and seizure panchanama and seized knife, and after
completion of investigation submitted chargesheet against the
accused.
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3 C. C. NO.450/PW/2018
2. I have framed charge against the accused vide Exh.2 and
it read over and explained to accused in vernacular, to which he
pleaded not guilty and claimed to be tried. His defence is of total
denial and false implication.
3. Following points arise for my determination and I have
recorded findings thereon for the reasons discussed herein after :
SR.
NO.
POINTS FINDINGS
1 Whether prosecution prove that On
15.12.2017 at about 11.50 p.m., in front
of Courier shop, Telli gali, Andheri East,
Mumbai, accused voluntarily caused hurt
to the informant namely Ravindra
Kanjarbhat in committing robbery ?
No
2 Whether prosecution prove that on the
above date, time & place, accused
intentionally insulted informant by abusing
him and thereby gave provocation,
intending that such provocation would
cause him to break the public peace ?
No
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4 C. C. NO.450/PW/2018
3 Whether prosecution prove that on the
above date, time & place, accused
committed criminal intimidation by
threatening the informant to kill with
intent to cause alarm to him ?
No
4 Whether prosecution prove that on the
above date, time & place, accused
committed mischief by damaging mobile
phone of the informant ?
No
5 What order ? As per final
order
R E A S O N S
As to points No. 1 to 4 :
4. In proving guilt of the accused, the prosecution has
examined only one witness i.e. informant Ravindra Kanjarbhat as
PW1 at Exh.4. But it shows that the informant turned hostile. PW1
has not stated anything incriminating against the accused. During
cross examination, he admitted that compromise is arrived
between him and accused and he has no any complaint against
him. Thus it shows that there is no evidence came on record
against the accused. As there is no any incriminating substance
comes in the evidence against the accused, therefore, statement of
accused U/Sec.313 of CrPC is dispensed with.
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5. Therefore considering above discussion, I come to the
conclusion that the prosecution has failed to prove the case against
the accused beyond reasonable doubt. Therefore, I answered
points No.1 to 4 in the negative. Therefore, accused is entitled to
be acquitted from the charges levelled against him. Hence for
answering point No.5, I pass following order :
ORDER
1) Accused is acquitted of the offences punishable U/Sec.394, 504,
506(ii) & 427 of IPC vide Section 248(1) of the Cr.P.C.
2) His bail bonds (if any) are cancelled.
3) The accused is directed to furnish P.B. & S.B. of Rs.5,000/ or
cash bail of the same for appearance before the Hon'ble Appellate
Court towards the compliance of Section 437(A) of the Cr.P.C.
4) Dictated & declared in the open Court.
Date : 06/05/2023 (C.P. Kashid)
Metropolitan Magistrate
ask 65th Court, Andheri, Mumbai.
Dictated &
typed on : 06.05.2023
Signed on : 06.05.2023
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