Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 653 / PW / 2018.
C/S filed on : 26.02.2018.
Decided on : 06.01.2020.
Duration : 1 Y, 10 M & 11 D
Exh. 8
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. 653 / PW / 2018.
(b) The date of the commission
of the offence.
: 06.08.2017.
(c) The name of the Informant. : The State (Juhu Police Station
in C. R. No.442/2017)
(d) The name of the accused
person and his parentage
and residence;
: Anil Uttam Pradhan,
Age : 36 years, Occ : Service,
Res : Vile Parle (W), Mumbai.
(e) The offence complained of : Under sections 354 and 323
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 : 06.01.2020
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for the accused : Shri S. D. Ghag
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused is facing trial for the offences punishable under
sections 354 and 323 of the Indian Penal Code.
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- 2 - C. C. No. 653 / PW / 2018.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of PW1 Smt. Vanita
Harish Bhoir at Exh.5 came to be recorded. 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. I have heard Ld. In-charge APP Mr. Gosavi for the
State and Shri S. D. Ghag Ld. Advocate for 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.
Vanita 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 outraging of her modesty and assault. She
has deposed that accused is husband of her sister-in-law and due
to quarrel of accused and her husband she lodged report with the
Police. She has deposed that nothing was happened to her. She has
been cross-examined by prosecution in which she has denied the
ingredients of her Police complaint. She has admitted that she has
settled the matter with the accused and do not want to proceed
with the case. Additionally, she has filed an affidavit vide Exh.7
quoting similar facts of withdrawal of case. Keeping in view the
non support of the sole victim and aggrieved of this case, the
allegations leveled against accused cannot be proved in any
manner. Thus, there is no option except to acquit the accused by
giving him benefit of doubt. Hence, I am satisfied to acquit the
accused by passing following order -
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- 3 - C. C. No. 653 / PW / 2018.
O R D E R
i Accused Anil Uttam Pradhan is acquitted of
the offences punishable under sections 354 and
323 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.
Dt. 06.01.2020. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 06.01.2020.
Transcribed on : 06.01.2020.
Signed on : 06.01.2020.
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