Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO.1015/PW/2018
Filed on .. 06/04/2018
Registered on .. 06/04/2018
Delivered on .. 19/05/2023
Duration .. 05Y 01M 13D
CNR No. MHMM190043342018
Exh. 10
BEFORE 65th METROPOLITAN MAGISTRATE,
ANDHERI, MUMBAI.
(Presided over by C.P. Kashid)
(Judgment as per Sec. 355 of the Cr.P.C.)
(a) The serial number of the
case;
: C.C. No.1015/PW/2018
(b) The date of commission of
offence;
On 10.12.2017 at about 03.00
p.m.
(c) The name of the
informant, if any;
: Through PSO Andheri Police
Station (CR No.620/2017)
(d) The name of the accused
person, his parentage and
residence;
: 1. Javed Aamin Shaikh
Age : 41 years
Occupation : Nil
R/o.: Room No.4, Gulnar
building, Teli galli cross lane,
Andheri East, Mumbai.
2. Shoeb Rafiq Shaikh
(Accused pleaded guilty)
(e) The offence complained of
or proved;
: U/Sec. 341, 392 & 504 r/w
Sec.34 of the Indian Penal Code.
(f) The plea of the accused
and his examination, (if
any);
: Accused pleaded not guilty
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(g) The final order; : As Per Final Order
h) The date of such order; : 19/05/2023
Appearance : Ld. APP. Samrat Patil for the State
Ld. Adv.Mangesh Rangnekar for the accused
JUDGMENT
(Delivered on 19/05/2023)
1. Accused have been chargesheet ed for the offences
punishable U/Sec. 341, 392 & 504 r/w Sec.34 of the Indian Penal
Code (for short “IPC”).
The prosecution case in short is as follows :
On 10.12.2017 at about 03.00 p.m., below Gokhale
bridge, Sahar road, Andheri East, Mumbai, accused in furtherance
of their common intention, wrongfully restrained the informant
and his friend & committed theft of mobile of informant and cash
of the witness and abused them. Therefore, the informant went to
Andheri police station and lodged FIR. As per FIR, Crime
No.620/2017 registered against the accused. Thereafter,
Investigating Officer recorded statement of witnesses, prepared
seizure panchanama and after completion of investigation
submitted chargesheet against the accused.
2. During pendency of trial accused No.2 Shoeb Rafiq
Shaikh pleaded to be guilty and therefore, my Learned Predecessor
passed sentence against him. Thereafter my Learned Predecessor
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has framed charge against the accused No.1 Javed Aamin Shaikh
vide Exh.3 and it read over and explained to accused in
vernacular, to which he pleaded not guilty and claimed to be tried.
Statement of the accused No.1 is recorded U/Sec.313 of Crpc at
Exh.9. His defence is of total denial and false implication.
3. Following points arise for my determination and I have
recorded findings thereon for the reasons discussed herein after :
SR.
NO.
POINTS FINDINGS
1 Whether prosecution prove that on
10.12.2017 at about 03.00 p.m., below
Gokhale bridge, Sahar road, Andheri East,
Mumbai, accused in furtherance of their
common intention, wrongfully restrained the
informant and his friend ? No
2 Whether prosecution prove that on the
above said date, time & place, accused in
furtherance of their common intention, in
committing theft of informant's mobile and
cash of informant's friend ? No
3 Whether prosecution prove that on the
above said date, time & place, accused in
furtherance of their common intention,
intentionally insulted informant and his
friend by abusing them and thereby gave
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4 C. C. NO.1015/PW/2018
provocation, intending that such provocation
would cause them to break the public
peace ?
No
4 What order ? As per
final order
R E A S O N S
As to points No. 1 to 3 :
4. In proving guilt of the accused, the prosecution has
examined total two witnesses. The prosecution has examined
Investigating Officer Yashwant Patil as PW1 at Exh.5 and API
Shrikant Kirwale as PW2 at Exh. 7.
5. It has come in the evidence of PW1 that he arrested the
accused Shoeb Shaikh and after completion of investigation by PSI
Kirwale, he submitted chargesheet. It has come in the evidence of
PW2 that he recorded and registered and FIR as per say of the
informant, seized cash of Rs.500/ from the person of accused,
arrested the accused and then investigation was handed over to
PSI Yashwant Patil.
6. But only the evidence of PW1 and PW2 is not sufficient to
held guilty to the accused, because the prosecution has not
examined material witnesses i.e. the informant and his friend to
prove the guilt of the accused or to support the version of PW1 and
PW2. Thus the prosecution has failed to prove the contents of FIR
and allegations against the accused. It also shows that the
prosecution has failed to examine panch witnesses.
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7. The record shows that despite of issuing summons to
informant and other witnesses, concern police has failed to serve
it. The report of summons filed by concern police shows that the
informant and witnesses are not traceable.
8. Thus, the prosecution has failed to prove the case against
the accused beyond reasonable doubt. Therefore, I answered
points No.1 to 3 in the negative. Therefore, accused is entitled to
be acquitted from the charges levelled against him. Hence for
answering point No.4, I pass following order :
ORDER
1) Accused No.1 is acquitted of the offences punishable U/Sec.341,
392 & 504 r/w Sec.34 of IPC vide Section 248(1) of the Cr.P.C.
2) His bail bond (if any) is cancelled.
3) The accused is directed to furnish P.B. & S.B. of Rs.15,000/ or
cash bail of the same for appearance before the Hon'ble Appellate
Court towards the compliance of Section 437(A) of the Cr.P.C.
4) Seized muddemal (if any) be returned to its original owner
after appeal period is over.
5) Dictated & declared in the open Court.
Date : 19.05.2023 (C.P. Kashid)
Metropolitan Magistrate
ask 65th Court, Andheri, Mumbai.
Dictated &
typed on : 19.05.2023
Signed on : 19.05.2023
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