Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 580 / PW / 2018.
C/S filed on : 23.02.2018.
Decided on : 20.06.2023.
Duration : 05 Y, 03M & 27 D
Exh. 8
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. 580/ PW / 2018.
(b) The date of the commission
of the offence.
: 18.05.2017.
(c) The name of the Informant. : The State (Juhu Police Station
in C. R. No.266/2017)
(d) The name of the accused
person and his parentage
and residence;
: 1. Bal Murgan Nalluswami
Devendra
Age : 41 years, Occ : Nil
Res : Vileparle (W), Mumbai.
2. Ganesh Selviraj Devendra
Age : 39 years, Occ : Study
Res : Vileparle (W), Mumbai.
3. Periakka Selviraj Devendra
Age : 65 years, Occ : Nil
Res : Vileparle (W), Mumbai.
(e) The offence complained of : Under sections 354, 324, 323,
509, 504 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 are acquitted.
(h) The date of such order : 20.06.2023.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri Shah
Advocate for the accused : Shri. Shankar Kamble.
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- 2 - C. C. No. 580 / PW / 2018.
JUDGMENT
The accused are facing trial for the offences punishable
under sections 354, 324, 323, 509, 504 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 Dhanlaxmi
Selvi wo of Murgan Devendra at Exh.4 and PW2 Naglingam
Tangavwelu Devendra at Exh.7 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, their statement under section 313 of the Code of Criminal
Procedure are 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 are liable to
acquitted. In the result I proceed to pass following order :-
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- 3 - C. C. No. 580 / PW / 2018.
O R D E R
i Accused Nos. 1. Bal Murgan Nalluswami
Devendra, 2. Ganesh Selviraj Devendra and
3. Periakka Selviraj Devendra are acquitted of the
offences punishable under sections 354, 324, 323,
509, 504 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/- each under section 437(A) of the
Code of Criminal Procedure.
sd/-
Dt. 20.06.2023. (R. M. Shaikh)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
ssk.
Dictated on : 20.06.2023
Transcribed on : 20.06.2023
Signed on : 20.06.2023
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