Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 1325 / PS / 2018.
C/S filed on : 03.04.2018.
Decided on : 01.02.2021.
Duration : 2 Y, 9 M & 29 D
Exh. 9
IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22ND COURT, ANDHERI, MUMBAI.
(a) The serial number of the
case.
: C. C. No.1325 / PS / 2018.
(b) The date of the commission
of the offence.
: 16.12.2017.
(c) The name of the Informant. : The State (MIDC Police
Station in C. R. No.522/2017)
(d) The name of the accused
person and her parentage
and residence;
: Smt. Ritika Navinchandra
Uppoor,
Age : 30 years, Occ : --
Res : Andheri(E), Mumbai.
(e) The offence complained of : Under sections 279 and 338
of the Indian Penal Code and
section 134(a)(b) of the
Motor Vehicles Act.
(f) The plea of the accused and
her examination.
: The accused pleaded not
guilty.
(g) The final order : The accused is acquitted.
(h) The date of such order : 01.02.2021.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Mrs. Geeta Godambe.
Advocate for the accused : Shri P. A. Shetty.
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- 2 - C. C. No. 1325 / PS / 2018.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused is facing trial for the offences punishable under
sections 279 and 338 of the Indian Penal Code and section 134(a)
(b) of the Motor Vehicles Act.
2 In order to prove the guilt of the accused, prosecution has
examined in all two witnesses. The evidence of PW1 Videsh
Mahendra Okate at Exh.6 and PW2 Smt. Ashwini Mahendra Okate
at Exh.8 came to be recorded. As no incriminating evidence has
come on record against the accused, hence, her 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 P. A.
Shetty 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 Videsh
Mahendra Okate is the informant of this case. He has deposed that
Smt. Ashwini Okate is his mother and on 16.12.2017, she met with
an accident. He deposed that at that time he was at work and after
receipt of information he visited Seven Hills Hospital and
afterwards he lodged FIR vide Exh.7.
4 PW2 Smt. Ashwini Mahendra Okate is the eye witness and
victim of the incident. She deposed that on 16.12.2017 when she
was proceeding towards Lokbharti for work, someone gave dash to
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- 3 - C. C. No. 1325 / PS / 2018.
her from backside. She fell down and sustained injury on head and
was taken to Seven Hills Hospital. She deposed that she do not
know who gave dash to her. In cross-examination by accused, she
has deposed that she do not want to proceed with the matter. She
has specifically deposed that the accused has not given dash to her.
She has deposed that she has signed the settlement Pursis
voluntarily.
5 At the very outset, I would like to state that the accused is
woman and she came to be prosecuted for the offences under
sections 279, 338 of I. P. C. and section 134(a)(b) of Motor
Vehicles Act. From the nature of allegations, it was preliminary
burden upon prosecution to prove rash and negligent conduct of
accused via legal and positive evidence. To discharge this basic
burden, the prosecution has examined two witnesses who have not
supported the case of prosecution. PW1 Videsh and PW2 Smt.
Ashwini are the most relevant witnesses, however, they have
denied the fault of accused in said incident. Per contra, PW2 Smt.
Ashwini, the victim of the case has clarified on oath that accused
has not given dash to her. Additionally, she has filed one Pursis
vide Exh.5 quoting therein that she do not want to proceed with
the matter. In such attendant circumstance, when the most
relevant witnesses of prosecution have not supported the cause,
the allegations against accused remained unproved. For want of
legal, substantial, supportive and corroborative evidence, the
allegations leveled against accused cannot be proved in any
manner. Hence keeping in view the nature of evidence adduced by
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- 4 - C. C. No. 1325 / PS / 2018.
prosecution, I am of the opinion that prosecution has failed to
prove the charge and accused is entitled for acquittal. Hence, I am
satisfied to acquit the accused by passing following order -
O R D E R
i Accused Smt. Ritika Navinchandra Uppoor
is acquitted of the offences punishable under
sections 279 and 338 of the Indian Penal Code and
section 134(a)(b) of the Motor Vehicles Act vide
Sec. 255 (1) of the Code of Criminal Procedure.
ii Bail bonds of the accused stand cancelled.
iii The accused shall furnish bond of
Rs.10,000/- under section 437(A) of the Code of
Criminal Procedure.
Dt. 01.02.2021. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
I/C of ACMM, 22nd Court.
Sat.
Dictated on : 01.02.2021.
Transcribed on : 01.02.2021.
Signed on : 01.02.2021.
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