Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C.C.NO.1167/PW/2018
Received on : 24/04/2018
Registered on : 24/04/2018
Decided on : 06/02/2023
Duration : 04 Y. 09 M. 13 D.
Exh. : 05
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.MHMM190050022018
(a) The serial No. of the case; : C.C.No.1167/PW/2018
(b) The date of commission of
the offence;
: 17/03/2018
(c) The name of the complainant
(if any);
: The State (Versova Police
Station in C. R. No. 115/2018).
(d) The name of the accused
person and his parentage and
residence;
: 1] Nasir Badshah Shaikh,
Age 24 Years
Occupation Service,
R/o. Room No.13,
Lallubhai Chawl,
Near Gulshan Colony,
Joseph Patel Wadi,
Andheri (W),Mumbai.
2] Sandesh Vinayak Vedre,
Age – 22 Years,
Occupation – Service,
R/o. Bhadotri Sangh,
Joseph Patel Wadi,
Andheri (W), Mumbai.
(e) The offence complained of
or proved ;
: Under Section 354 r/w. 34 of
the Indian Penal Code.
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(f) The plea of the accused and
his examination (if any);
: The accused pleaded not guilty.
(g) The final order; : Both the accused are acquitted.
(h) The date of such order; : 06/02/2023
Ms. Seema Mokal, APP for the State.
Mr. Kamble, Advocate for both the accused.
J U D G M E N T
( Delivered on 06/02/2023. )
1. The accused are prosecuted for the offences punishable
under Sections 354 r/w. 34 of the Indian Penal Code.
2. It is the case of the prosecution that on 17/03/2018 at
about 00.40 hrs informant along with Kajal from auto rickshaw went to
take coffee. While taking coffee from one tea coffee stall near
Vateshwar Mandir, J. P. Road, Sat Bangala, two persons came there.
Accused no.1 kept his hand on her waist. Therefore, she told him “Dur
Hokar Thikse Khade Raho”. At that time accused no.2 pushed her by
keeping his both hands to her breast. Therefore, she called Kajal for
help. Kajal and rickshaw driver came there for her help. Therefore, he
also uttered abusive word to her and passing his hand on her breast and
outraged her modesty. Kajal dialed phone to police control. Police
reached to the spot and they brought those accused persons to police
station. Police asked their names and address. Hence, she lodged
report against accused persons to police.
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3. On the basis of the report given by the informant, crime
No. 115/2018 came to be registered against the accused persons. I.O.
arrested the accused. During further investigation I.O. recorded
statement of witnesses and after completion of investigation, I.O. filed
chargesheet.
4. My learned predecessor framed charge against the accused
persons for the above mentioned offences. The accused pleaded not
guilty and claimed to be tried. The prosecution has examined only one
witness in this case. As no incriminating evidence came on record in the
evidence of the prosecution, the statement of the accused under Section
313 of the Code of Criminal Procedure came to be dispensed with.
5. The points for determination alongwith my findings
thereon as under :
POINTS FINDINGS
1] Does the prosecution prove that the
accused no.1 and 2 in furtherance of
their common intention used criminal
force to the informant by putting hand
on her waist and thereafter moving hand
on her breast to outrage her modesty by
such criminal force ?
In the negative
2] What order ? Both the accused
are acquitted.
REASONS
AS TO POINT NO. 1 :
6. The prosecution has examined only one witness i.e.
Ramvilas Ramprasad Gautam (P.W.1) deposes at Exh.4 that at the time
of incident he was taking passenger in his rickshaw. He stopped his
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4 C.C.NO.1167/PW/2018
rickshaw at Coffee Centre. They went for coffee. There are many
people at coffee shop and when one lady trying to enter in the coffee
shop she get pushed by somebody. There was quarrel between that
lady and someone. She made phone call to police on number 100.
Police came there. Police had taken that lady and two persons to the
police station. Police had inquired him.
7. During his crossexamination he deposed that at the time
of incident he was sitting in rickshaw. He further denied that he had
not seen the entire incident and he had not known about the incident of
pushed.
8. I have carefully gone through the record. Time was granted
to the prosecution to adduce the evidence, but the prosecution failed to
examine the informant and other material witnesses. As per police
report the informant do not reside on the given address and she has not
traceable. Lastly, the prosecution closed its evidence. The prosecution
has examined only one witness i.e. Ramvilas Ramprasad Gautam
(P.W.1). However, his evidence is very formal in nature. The
prosecution failed to produce any direct evidence against the accused.
The prosecution failed to adduce any evidence to prove the case of
prosecution. Hence, I hold that the prosecution failed to prove guilt of
the accused. Hence, I answer point no.1 in the negative.
AS TO POINT NO.2 :
9. The prosecution failed to prove guilt of accused persons.
Therefore, the accused are liable to be acquitted. In the result, in
answer to Point no.2, I pass the following order.
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ORDER
1 The accused No.1 Nasir Badshah Shaikh and accused no.2
Sandesh Vinayak Vedre are acquitted of the offences
punishable under Sections 354 r/w. 34 of the Indian Penal
Code vide Section 248 (1) of the Code of Criminal Procedure.
2 Bail bonds of the accused No.1 and 2 stands cancelled.
3 The accused No.1 and 2 to execute P.R. Bond of Rs.15,000/
(Rupees Fifteen Thousand Only) each vide Section 437–A of
the Code of Criminal Procedure for appearance before the
higher court, if said court issues notice to them for their
appearance.
The Judgment is transcribed directly on the computer and
pronounced in open Court.
(A. I. Shaikh)
Date : 06.02.2023 Metropolitan Magistrate,
44th Court, Andheri, Mumbai.
spj
Typed on: 06/02/2023
Signed on: 06/02/2023
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