Interim Order 1

Order Details: Copy of Evidence
Pdf Text: C. C. No. 723/PW/2018.
Exh. 5
P. W. No. 1 on S. A. :
I hereby state on solemn affirmation,
Name: Najma Moinuddin Shaikh, Age: 38 years,
Occupation : Housewife, R/o. Sagarcity, Andheri (W), Mumbai.
Examination-in-chief by the Ld. APP for State
I was living in the R.No. 108 at Sagarcity, Andheri (W) with
my husband and children in the year 2017. Accused lives in my vicinity.
2. On 26/11/2017 in the afternoon in around 1.00 or 2.00
p.m. my husband was taking bath and I was taking my lunch. Accused
banged the door. I went to the door. He asked for my husband. I replied
he is taking shower. I asked him to leave and returned after my husband
comes back from shower. He started giving filthy abuses “jaMh] fNuky] Mh
daiuhdk vkneh gqW lcdks ysds vkds ?kjes lcdks ek#axk ”. He did not move from
my door. Myself and my husband got ready to go downstairs. I sat on
my husband’s bike as pillion rider and I was hit by accused with
bamboo. My burkha was torn in the incident. Neighbourers Faimida
Shaikh, Iqbal Shaikh, Salim Shaikh and Abeda Shaikh came to rescue
me. Accused hurled abuses to them also.
3. I went to police station and lodged report. Now FIR from
record is shown to me. It is the same. It bears my signature. Contents
therein are true and correct. It is marked at Exh.6. Today he is present
before the Court.
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Cross-examination by Ld. Advocate Shetty on behalf of accused
4. I am living there from last 15 years. It is named as SRA A-7
building. It is 14 storeyed building. I am living on first floor. There are
around 10 flats on my floor. At that time there were no other occupants
except my family and one other family on my floor. I admit that the
building was under construction and there were workers. There were
building watchman also. I do not know that my husband Moinuddin
and accused were having monitory transaction between them. I did not
inform police that my husband and accused were having monitory
transaction of which I was aware. Now my statement is shown to me. I
have not made such statement to the police. I cannot assign any reason
as to why police recorded so. Said statement is marked with portion ‘A’
in red ink.
5. I deny that I was knowing that my husband has borrowed
Rs. 2 lakhs from accused and I have stated so before the police and
therefore, it is so recorded in my statement. I deny that Brijnandan
Sharma filed a complaint against my husband. I refused to comment for
lack of knowledge that orders were passed against my husband in the
matter filed against him by Brijnandan Sharma and my husband has
filed W.P. (civil)No. 3140 of 2019 against him before the Hon’ble
Bombay High Court. I deny that my husband took money from
Brijnandan Sharma on the promise of providing him room in Om Shri
Sai SRA building but, did not provide him room and therefore said
litigation is pending between them. Brijnandan Sharma lives on my
floor.
6. I know Saidabi Patel. She has filed case against myself and
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my husband also. I admit she has filed 2-3 cases against my husband. I
admit those cases are pending before the Court. Accused was on my
door for half an hour. Sadabahar Mohalla is at a walking distance of 5-
10 mnts from my room. None of the workers came to my rescue.
Neither any watchman came to my rescue. I have informed police while
giving statement that neighbourers Faimida Shaikh, Iqbal Shaikh, Salim
Shaikh and Abeda Shaikh came to my rescue. My statement recorded by
police is shown to me. I admit that the names of Iqbal Shaikh, Salim
Shaikh and Abeda Shaikh as the persons who came to my rescue and
that they were abused by accused are not mentioned in my statement. I
cannot assign any reason as to why police did not record the said fact in
my statement. I deny that these persons never assembled to my rescue
as no such incident took place and therefore I have never stated the
same to the police and it is not recorded in my statement. I have not
given description of bamboo stick to the police. I deny that accused did
not came to my house on the given date and time as alleged and neither
he abused me nor threatened myself and my husband nor he did not hit
me with bamboo stick and my burkha was torn in such incident.
7. I deny that I did not went to police station on 26/11/2017
to lodge the report and no report was recorded in that day. I deny that
in order to prevent the accused from claiming his dues from my
husband, I lodged false report against him and today deposed false.
Cross-examination completed.
No re-examination.
R. O. A. C.
Sd/-
( S.G. Agrawal)
J.M.F.C., 10th Court,
Date: 12/08/2026 Andheri, Mumbai.
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