Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 1394 / PS / 2018.
C/S filed on : 11.04.2018.
Decided on : 06.02.2020.
Duration : 1 Y, 9 M & 26 D
Exh. 7
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. 1394 / PS / 2018.
(b) The date of the commission
of the offence.
: 24.08.2016
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.
550/2016)
(d) The name of the accused
person and his parentage
and residence;
: Ayub Yakub Chohan,
Age : 36 years, Occ : Business,
Res : Andheri (W), Mumbai.
(e) The offence complained of : Under sections 289 and 337
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 : 06.02.2020.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for the accused : Shri A. N. Shaikh.
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- 2 - C. C. No. 1394 / PS / 2018.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused is facing trial for the offences punishable under
sections 289 and 337 of the Indian Penal Code.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of PW1 Mohd. Fazal
Abdul Kabir 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 P. S. Sapkale, Ld. APP for the
State and Shri A. N. Shaikh 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 Mohd.
Fazal is the informant, aggrieved and only injured of this case. He
has not supported the case of prosecution. Per contra, he has
denied the incident as well as case of prosecution. Additionally, he
has also filed an application for compounding of the case at Exh.4
quoting therein that he do not want to proceed with the case.
Hence, in view of non support of this most relevant witness, the
allegations leveled against accused cannot be proved in any
manner. Hence, I am satisfied to acquit the accused by passing
following order -
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- 3 - C. C. No. 1394 / PS / 2018.
O R D E R
i Accused Ayub Yakub Chohan is acquitted of
the offences punishable under sections 289 and
337 of the Indian Penal Code vide Sec.255 (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/- under section 437(A) of the Code of
Criminal Procedure.
Dt. 06.02.2020. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 06.02.2020.
Transcribed on : 06.02.2020.
Signed on : 06.02.2020.
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