Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 188 / PW / 2018.
C/S filed on : 12.01.2018.
Decided on : 01.06.2023.
Duration : 05 Y, 04M & 18 D
Exh. 9
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY SMT. R. M. SHAIKH)
(a) The serial number of the
case.
: C. C. No. 188 / PW / 2018.
(b) The date of the commission
of the offence.
: 28.09.2017.
(c) The name of the Informant. : The State (Juhu Police Station
in C. R. No.566/2017)
(d) The name of the accused
person and his parentage
and residence;
: Rajesh Ramchandra Betkar
Age : 42 years, Occ : Service,
Res : Vileparle (W), Mumbai.
(e) The offence complained of : Under sections 354, 323, 504,
427 r/w 34 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 : 01.06.2023.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri Shah
Advocate for the accused : Ms. Ankita Sharma.
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- 2 - C. C. No. 188 / PW / 2018.
JUDGMENT
The accused is facing trial for the offences punishable under
sections 354, 323, 504, 427 r/w 34 of the Indian Penal Code.
2 In order to prove the guilt of the accused, prosecution has
examined only two witnesses. The evidence of PW1 Santoshi
Murgan Pandaram at Exh.7 and PW2 Murgan Padaram at Exh.8
came to be recorded. PW1 and PW2 have not supported the case
of prosecution. As no incriminating evidence has come on record
against the accused, hence, his statement under section 313 of the
Code of Criminal Procedure is dispensed with. Heard, learned APP
for the State and learned Advocate for the accused. Perused the
oral and documentary evidence brought on record.
3 In so far as evidence on record is concerned, PW1 is the
informant/victim in this case. She has not supported the case of
prosecution. Per contra, she has denied the incident of outraging of
her modesty and causing hurt to her by accused. PW2 has also not
supported the case of prosecution. So also the matter is amicably
settled between informant and accused and they have filed pursis
and affidavit at Exh.6. The prosecution has not examined panch
witness, other independent witness and Investigating officer in
view settlement. Hence, prosecution has failed to prove the guilt of
accused beyond all reasonable doubt and the accused is liable to
acquitted. In the result I proceed to pass following order :-
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- 3 - C. C. No. 188 / PW / 2018.
O R D E R
i Accused Rajesh Ramchandra Betkar is
acquitted of the offences punishable under sections
354, 323, 504, 427 r/w 34 of the Indian Penal
Code. vide Sec. 248 (1) of the Code of Criminal
Procedure.
ii Bail bonds of the accused stand cancelled.
iii The accused shall furnish bonds of
Rs.10,000/- under section 437(A) of the Code of
Criminal Procedure.
sd/-
Dt. 01.06.2023. (R. M. Shaikh)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
ssk.
Dictated on : 01.06.2023
Transcribed on : 01.06.2023
Signed on : 01.06.2023
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