Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 1116 / PW / 2018.
C/S filed on : 18.04.2018.
Decided on : 28.07.2022.
Duration : 04 Y 03M 10 D
Exh. 9.
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY R. M. SHAIKH)
(a) The serial number of the
case.
: C. C. No. 1116 / PS / 2018.
(b) The date of the commission
of the offence.
: On 25.04.2017.
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.271/2017.
(Through Smt. Nasimuddin
Mohd. Akhil Abbasi)
(d) The name of the accused
person and his parentage
and residence;
: Ilyas Ismail Sayyed
Age : 51 years, Occ : Agent
R/at. Vandheri (W), Mumbai.
(e) The offence complained of : Under sections 354, 509, 323
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 : 28.07.2022.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Mr. Shah.
Advocate for the accused : Mr. P. V. D. J. Gomes.
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- 2 - C. C. No. 1116 / PW / 2018.
JUDGMENT UNDER SECTION 355 OF CR. P. C
1. The accused is facing trial for the offences punishable under
sections 354, 509, 323 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 Smt. Naseembano
Akil Abbasi 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.
Heard learned APP for the state and the learned Advocate for the
accused.
3 At this stage, PW1 Smt. Naseembano Abbasi is the
informant/victim in this case, who has not supported the case of
prosecution. Further informant and accused have filed application at
Exh.5 mentioning that she has settled the matter with accused and she
has no grievances against the accused. Moreover, the learned APP for
State has waived examination of remaining witnesses in view of
settlement between informant and accused. Hence prosecution failed
to prove the offences charged against the accused beyond all
reasonable doubt. Therefore the accused is entitled to be acquitted.
Hence, I proceed to pass following order: -
O R D E R
i Accused Ilyas Ismail Sayyed is acquitted of the
offences punishable under sections 354, 509, 323 of
the Indian Penal Code vide section 248 (1) of the Code
of Criminal Procedure.
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- 3 - C. C. No. 1116 / PW / 2018.
ii Bail bonds of the accused persons stand
cancelled.
iii The accused shall furnish bonds of Rs.10,000/-
under section 437(A) of the Code of Criminal
Procedure.
Sd/-
Date: 28.07.2022. (R. M. Shaikh)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
ssk.
Dictated on : 28.07.2022.
Transcribed on : 28.07.2022.
Signed on : 28.07.2022.
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