Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C.C.NO.1281/PS/2018
Received on : 21/03/2018,
Registered on : 21/03/2018,,
Decided on : 18/04/2022,
Duration : 04 Y.00 M. 28 D.
Exh. : 11
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
44th COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY A. I. SHAIKH)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
(CNR NO. :MHMM190042992018 )
(a) The serial No. of the case; : C.C.NO.1281/PS/2018
(b) The date of commission of
the offence;
: 23/11/2016
(c) The name of the
complainant (if any);
: The State (Amboli Police Station
in C. R. No. 478/2016).
(d) The name of the accused
persons and their parentage
and residence;
: Gautam Prabhulal Singh,
Age 33 years,
Occupation Business
R/o.349, Adarsh Nagar,
New Link Road,
Andheri (W), Mumbai.
(e) The offences complained of
or proved ;
: Under Sections 279,338 of the
Indian Penal Code r/w.134(a)(b)
of the Motor Vehicle Act
(f) The plea of the accused and
their examination (if any); : The accused pleaded not guilty
(g) The final order; : The accused is acquitted.
(h) The date of such order; : 18/04/2022
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2 C.C.NO.1281/PS/2018
Mr. A. M. Shah, APP for the State.
Mr. Dilip Patil, Advocate for the accused.
J U D G M E N T
(Delivered on 18th April, 2022)
1. The accused is prosecuted for the offence punishable under
Section 279, 338 of the Indian Penal Code r/w.134(a)(b) of the Motor
Vehicle Act.
2. In brief, it is the case of the prosecution is that on
23/11/2016 at about 7.00 hrs. informant left her house for walking and
at Jai Bhavani Mata Road one motor car bearing no.MH03AW3149
came from her back side and dashed her. She sustained fracture injury
on her left leg. Blood was oozing from her leg. People were gathered
there and they taken her to Brahamkumari Hospital. Hence, she lodged
report with Police Station against the accused.
3. On the basis of the report given by the informant, crime no.
478/2016 came to be registered against the accused. During
investigation I.O. arrested the accused, prepared panchanama and
recorded statement of witnesses. After completion of investigation, I.O.
filed chargesheet against the accused.
4. The charge is framed against the accused for the above
mentioned offence. The accused pleaded not guilty and claimed to be
tried. The prosecution has examined only one witness in this case. As
there is no incriminating evidence against the accused in the evidence
of prosecution witness, statement of the accused under Section 313 of
the Code of Criminal Procedure is dispensed with.
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5. The points for determination alongwith my findings
thereon as under :
POINTS FINDINGS
1] Does the prosecution prove that the
accused drove his motor car bearing
registration No. MH03AW3149 on a
public road in a manner so rash or
negligent as to endanger human life, or to
be likely to cause hurt or injury to any
other person ?
In the negative
2] Does the prosecution prove that the
accused drove his motor car bearing
registration No. MH03AW3149 on a
public road in a manner so rash or
negligent as to endanger human life and
thereby gave dash to the informant causing
grievous injury to her?
In the negative
3] Does the prosecution prove that the
accused did not give the information
regarding the accident to the nearest police
station within 24 hours and did not provide
medical aid to the injured?
In the negative
4] What order ? The accused is
acquitted.
R E A S O N S
AS TO POINT NO. 1 TO 3 :
6. These points are interconnected with each other, therefore,
they are taken up together for consideration and determination.
7. Anni Joseph Duranda, informant (P.W.1) deposes at Exh.7
that on 23/11/2016 she going for walking at garden. She reached near
Silver Bridge. One black colour four wheeler came from back side and
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4 C.C.NO.1281/PS/2018
dashed her. Thereafter, people gathered from the spot taken her to
hospital. She had not seen the driver of car. Police came to the hospital
and recorded her statement. She narrated the incident to police and
therefore police taken her complaint at Exh.8. During her cross
examination she admitted that she never seen the driver of the car.
8. I have gone through the record. Though sufficient
opportunity were given to the prosecution, they failed to examine
informant including other witnesses including Investigating Officer. No
any incriminating evidence came on record against the accused during
evidence of the witness. The prosecution failed to prove the charges
levelled against the accused. Hence, I answer Point Nos. 1 to 3 in the
negative.
AS TO POINT NO.4:
9. The prosecution failed to prove guilt of the accused.
Therefore, the accused is liable to be acquitted. In the result, in answer
to Point No.4, I pass the following order.
ORDER
1 The accused Gautam Prabhulal Singh is acquitted of the
offence punishable under Sections 279, 338 of the Indian Penal
Code r/w. 134 (a)(b) of the Motor Vehicle Act vide Section 255
(1) of the Code of Criminal Procedure.
2 Bail bond of the accused stands cancelled.
3 The accused to execute P.R. Bond of Rs.15,000/ (Rupees
Fifteen Thousand only) vide Section 437–A of the Code of
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Criminal Procedure for appearance before the higher court, if
said court issues notice to him for his appearance in the matter
in which present judgment is challenged, if any.
The Judgment is transcribed directly on the computer and
pronounced in open Court.
Mumbai ( A. I. Shaikh )
Metropolitan Magistrate,
Date:18/04/2022 44 th Court, Andheri, Mumbai.
spj
Typed on : 18/04/2022
Signed on : 18/04/2022
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