Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 845 / PW / 2018.
C/S filed on : 16.03.2018.
Decided on : 08.02.2021.
Duration : 2 Y, 10 M & 23 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. 845 / PW /2018.
(b) The date of the commission
of the offence.
: 30.09.2015.
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.625/2015)
(d) The name of the accused
person and his parentage
and residence;
: Vaibhav Keshav Madane,
Age : 30 years, Occ : Nil,
Res : Malad (E), Mumbai.
(e) The offence complained of : Under sections 354, 354(A)
(D), 504, 506, 509, 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 : 08.02.2021.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for the accused : Shri Harish Shetty.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused is facing trial for the offences punishable under
sections 354, 354(A)(D), 504, 506, 509, 323 of the Indian Penal
Code.
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- 2 - C. C. No. 845 / PW / 2018.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. This Court has issued summons to the
informant/victim Ms. Asmita Bhalchandra Patil. In response the
father of informant Bhalchandra Pandharinath Patil appeared in
Court along with Ld. APP and filed affidavit vide Exh.4 quoting
therein that at the time of incident his daughter was not married,
but, now she is married and she do not intends to attend the Court
for evidence. Upon this submission the Ld. APP has filed his say
and requested for examination of Investigating Officer.
Accordingly, the evidence of Investigating Officer PW1 Shivaji
Mahadev Hulge at Exh.6 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 Shri Gosavi, Ld. In-charge APP for the
State and Shri Harish Shetty 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 Shivaji
Mahadev Hulge is the Investigating Officer of this case. He has
formally deposed about the manner in which he carried out
investigation. In cross-examination, he has admitted that accused
and informant were friend. He has denied the rest of suggestions
in absence of evidence of informant the allegation of outraging of
modesty cannot be proved legally. Respecting the request the
father of informant/victim and her inability to come to Court, the
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- 3 - C. C. No. 845 / PW / 2018.
sole evidence of Investigating Officer is insufficient to prove the
guilt of the accused beyond reasonable doubt. Hence, I am
satisfied to acquit the accused by passing following order -
O R D E R
i Accused Vaibhav Keshav Madane is
acquitted of the offences punishable under sections
354, 354(A)(D), 504, 506, 509, 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 bond of
Rs.10,000/- under section 437(A) of the Code of
Criminal Procedure.
Dt. 08.02.2021. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 08.02.2021.
Transcribed on : 08.02.2021.
Signed on : 08.02.2021.
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