Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO. 738/PW/2018
(Judgment)
MHMM190030302018
Received on :- 06/03/2018
Registered on :- 06/03/2018,
Decided on :- 09/06/2025,
Duration :- 07 Y. 03 M. 03 D.
Exh. :-
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS,
RAILWAY COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY SHAILJA O. PANDEY)
(a) The serial No. of the case; : 738/PW/2018
(b) The date of commission of
the offence;
: 20/10/2017
(c) The name of the complainant
(if any);
: The State (Meghwadi Police
Station in C. R. No.273/2017).
d) The name of the accused
person and his parentage and
residence;
: Moin Sarvar Shaikh,
Age : 27 Yrs., Occ : Service,
R/o : Rabar Bhai’s Lane, Room
No. 14, Bandra Plot, Jogeshwari
(East), Mumbai.
(e) The offence complained of
or proved ;
: Under Section 392 read with
Section 34 of the Indian Penal
Code.
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(Judgment)
(f) The plea of the accused and
his examination (if any);
: The accused pleaded not guilty.
(g) The final order; : The accused is acquitted.
(h) The date of such order; : 09/06/2025
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Mr. A. B. Kamble, APP for the State.
Mrs. Ankita Sharma, Advocate for the accused.
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J U D G M E N T
(Delivered on 09/06/2025)
1. The accused is prosecuted for the offence punishable under
Section 392 read with Section 34 of the Indian Penal Code.
2. Case of prosecution in short is as under :
Informant Shakuntala Shinde has given F.I.R. at police station
Meghwadi that on 20/10/2017 around 6.00 p.m., someone snatched the
golden chain of the informant near her house. The informant followed the
thieves. Thereafter, the police arrived and arrested them and seized the
golden chain of the informant from their custody. Hence, this F.I.R.
3. F.I.R. came to be registered as Crime No. 273 of 2017 for the
above-said offence at police station Meghwadi. Investigating officer PSI
Babulal Shinde has carried investigation, recorded statement of informant
and witnesses, took personal search of the accused, prepared seizure
panchnama in presence of panchas, prepared spot panchnama, seized
muddemal property i.e. two pieces of gold chain valued of Rs. 25,000/-
from the custody of the accused and as there was sufficient evidence
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(Judgment)
agianst the the accused, he is forwarded charge-sheet against accused
before the Court.
4. Charge came to be framed against the accused for the offence
punishable under Section 392 read with Section 34 of the Indian Penal
Code which accused pleaded not guilty and claimed to be tried. The
prosecution has examined three witnesses. As no incriminating evidence
came on record against the accused, their statement under section 313 of
the Code of Criminal Procedure came to be dispensed with.
5. The points for determination alongwith my findings thereon
as under :-
POINTS FINDINGS
1] Does the prosecution prove that the
accused, committed theft of Gold Chain
of the informant viz., Shakuntala Shankar
Shinde and in committing theft
voluntarily caused fear of instant hurt to
the informant ?
No
2] What order ? The accused is
acquitted.
REASONS
AS TO POINT NO.1 :-
6. Prosecution has examined informant Shakuntala Shankar
Shinde (P. W. 1) at Exh. P-07. She deposes that six years ago in their galli
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(Judgment)
of Indira Chawl, Jogeshwari (E), Mumbai said incident had occurred. She
was standing on the road and seeing Rangoli as it was a day of Diwali.
She was standing at that time someone has snatched her gold chain from
her neck. The said person was not on any vehicle. He run away towards
the ground and disappeared. She had no opportunity to see the face of
the assailant. Gold chain was at about 25 grams. She had received the
said chain back as per orders of the Court. She could not guess whether
accused present before the Court was the same assailant who was
snatched her chain. She had filed an F.I.R. (Exh.P-08).
7. Prosecution has examined witneeses Lahu Shinde (P. W. 2) at
Exh. P- 9 and Leena Shinde (P. W. 3) at Exh. P-10. They deposes that in
year 2017 at about 7.00 p.m. they were present inside their home. They
heard an alarm of mother of Lahu Shinde (P. W. 2) and rushed out. They
came to know that someone has snatched gold chain of mother of Lahu
Shinde (P. W. 2) and run towards the ground. People have caught hold
that person with the stolen chain. They can not identify whether the said
accused is the same who is present before the Court. In cross-examination
of witnesses Lahu Shinde (P. W. 2) and Leena Shinde (P. W. 3) admitted
that they does not want to procced with the case.
8. The informant and accused have filed compromise pursis
(Exh. 3) on record. From the record, it is clear that due to compromise
between the parties, the informant Shakuntala Shankar Shinde (P. W. 1)
has not stated anything against the accused. No incriminating evidence
came on record against the accused. The prosecution failed to prove the
charge levelled against the accused. Hence, I answer point no. 1 in the
negative.
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(Judgment)
AS TO POINT NO. 2 :
9. The prosecution failed to prove guilt of the accused.
Therefore, the accused is entitled to be acquitted. Seized two pieces of
gold chain are already returned to the informant, it be retained with her.
In the result, in answer to point no. 2, I pass the following order.
ORDER
1 The accused is acquitted of the offence punishable under Section 392
read with Section 34 of the Indian Penal Code vide Section 248 (1)
of the Code of Criminal Procedure.
2 Bail bonds of the accused stands cancelled and he be set at liberty.
3 Seized muddemal property is already returned to the informant, it be
retained with her.
4 The accused to execute P. R. Bond of Rs.15,000/- with one solvent
surety vide Section 437 – A of the Code of Criminal Procedure for
appearance before the higher Court, if said Court issues notice to
them for his appearance.
Sd/-
Place :- Mumbai.
Date :- 09/06/2025.
(Shailja O. Pandey)
Judicial Magistrate First Class,
Railway Court, Andheri, Mumbai.
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