Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 Judgment in C. C. No.849/PW/2019
Filed on .. 08.03.2018
Registered on .. 08.03.2018
Delivered on .. 14.09.2023
Duration .. 05Y 06M D06
CNR No.MHMM190043302019
Exh.
BEFORE 65th METROPOLITAN MAGISTRATE,
ANDHERI, MUMBAI.
(Presided over by Hashmi H.A.H.I.)
(Judgment as per Sec. 355 of the Cr.P.C.)
(a) The serial number of the
case;
: C.C. No.849/PW/2019
(b) The date of commission of
offence;
During the period July 2016 till
20.01.2018
(c) The name of the informant,
if any;
: Through PSO Vile Parle Police
Station (CR No.30/2018)
(d) The name of the accused
person, his parentage and
residence;
: 1. Kanchan Dilip Gharatkar– 32 yrs
Occupation : Molish
2. Sadashiv Murlidhar Padmukh –
36 yrs. Occupation : Business
Both R/o.: Dr. Ambedkar Nagar,
Vile Parle (E), Mumbai
(e) The offence complained of
or proved;
: U/Sec. 381, 414 of the Indian
Penal Code
(f) The plea of the accused and
his examination, (if any);
: Accused pleaded not guilty
(g) The final order; : As Per Final Order
h) The date of such order; : 14.09.2023
Appearance : Ld. APP. Samrat Patil for the State
Ld. Adv. Shri. Pradeep Shetty for the accused no.1
Ld. Adv. Shri. Ranganekar for the accused no.2
-- 1 of 5 --
2 Judgment in C. C. No.849/PW/2019
JUDGMENT
(Delivered on 14.09.2023)
1. Accused have been chargesheet ed for the offences
punishable U/Sec. 381, 414 of the Indian Penal Code (for short “IPC”).
The prosecution case in short is as follows :
During the period July 2016 till 20.01.2018 at Room No.402,
Varlaxmi CHS, Hanuman Road, Vile Parle (E), accused no.1 Kanchan
Gharatkar was working as a cook and doing massage of her kid in the
house of informant viz. Gauri Athanikar Mishra. During the said period
accused Kanchan committed theft of ornaments worth Rs.40,000/ from
the house of informant and accused no.2 Sadashiv who was friend of
accused no.1 received the said ornaments for dispossessing and selling.
Therefore, the informant went to Vile Parle Police station and lodged
FIR. As per FIR, Crime No.30/2018 registered against the accused u/s.
381,414 of IPC. Thereafter, Investigating Officer recorded statement of
witnesses, prepared spot panchanama and after completion of
investigation submitted chargesheet against the accused.
2. My Learned Predecessor has framed charge against the
accused vide Exh.2 and it read over and explained to accused in
vernacular, to which they pleaded not guilty and claimed to be tried.
Their defence is of total denial and false implication.
3. Since no incriminating circumstances appeared in the
evidence of prosecution witness, hence, statement of accused U/sec. 313
of Criminal Procedure Code stands dispensed with.
-- 2 of 5 --
3 Judgment in C. C. No.849/PW/2019
4. Following points arise for my determination and I have
recorded findings thereon for the reasons discussed herein after :
S.NO. POINTS FINDINGS
1 Whether prosecution proves that during the
period July 2016 till 20.01.2018 at Room
No.402, Varlaxmi CHS, Hanuman Road, Vile
Parle(E), Mumbai, accused no.1 has committed
theft of gold ornaments worth Rs.40,000/
from the house of informant viz. Gauri
Athanikar Mishra and thereby committed an
offence punishable U/Sec.381 of IPC ?
...Not
proved
2 Whether prosecution proves that on the above
date, time & place, accused no.2 voluntarily
assisted in dispossessing abovesaid property
which is known to be stolen property and
thereby committed an offence punishable
U/Sec. 414 of IPC ?
...Not
proved
3 What order ? Accused are
acquitted
R E A S O N S
As to points No. 1 to 3:
5. In order to prove guilt of the accused, the prosecution has
examined only one witness i.e. P.W. No. 1 Gauri Athanikar Mishra at
Exh.5. Thereafter, the prosecution filed evidence closed pursis,
therefore, evidence of prosecution closed by passing order below Exh.1.
6. P.W. No.1 Informant Gauri Athanikar Mishra is the star
witness. In her examination in chief she stated that the incident
-- 3 of 5 --
4 Judgment in C. C. No.849/PW/2019
occurred in the year 2018. She further deposed that Vile Parle P.Stn.
was called her for verifying the lady who caught by the police in one
crime. Accordingly, she went to the police station. Police inquired with
her about the valuable articles lost prior to last 15 to 20 days. She told
them that her mangalsutra and earring missing since last 15 to 20 days
as well as four currency notes of Rs.2000/ and 1500 Europe Currency
were also missing. Therefore, she lodged FIR. It is at Exh.6 against the
accused person. She further deposed that she had received all her
belongings from the police.
7. During her crossexamination, she admitted that she had
received all her valuable articles i.e. mangalsutra and earring from the
police, therefore, she does not want to proceed further with the matter.
8. It is pertinent to note that, prosecution has examined the star
witness i.e. the informant but nothing fruitful has come on record against
the accused. It is also pertinent to note that informant has received all her
valuable articles from the police therefore, she doesn't want to proceed
further with the matter. Therefore, the prosecution has not examined
further evidence in this matter. Considering facts and circumstances, I
come to the conclusion that prosecution has not proved the case against
the accused beyond all reasonable doubt, therefore, I answered points No.1
and 2 are in the negative and for answering point No.3, I pass following
order :
-- 4 of 5 --
5 Judgment in C. C. No.849/PW/2019
ORDER
1) Accused viz. 1. Kanchan Dilip Gharatkar and 2.
Sadashiv Murlidhar Padmukh are acquitted vide Section
248(1) of the Cr.P.C. for the offences punishable U/Sec. 381,
414 of the Indian Penal Code.
2) Bail bonds of accused are stands cancelled.
3) Accused are directed to furnish P.B. of Rs.15,000/ each
for appearance before the Hon'ble Appellate Court, in case
appeal is filed against the judgment of this Court vide Section
437(A) of the Cr.P.C.
4) Judgment dictated & declared in an open Court.
Date : 14.09.2023 (Hashmi H.A.H.I.)
Metropolitan Magistrate
65th Court, Andheri, Mumbai.
ask
Dictated &
typed on : 14.09.2023
Signed on : 14.09.2023
-- 5 of 5 --