Final Order 1

Order Details: Copy  of Judgment
Pdf Text: – 1 – C.C.NO.1567/PW/2018
Received on : 13/06/2018
Registered on : 13/06/2018
Decided on : 11/10/2021,
Duration : 03 Y. 03 M.28 D.
Exh. :
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.:MHMM190064542018)
(a) The serial No. of the case; : 1567/PW/2018
(b) The date of commission of
the offence;
: 16/05/2018
(c) The name of the complainant
(if any);
: The State (Varsova Police
Station in C. R. No. 202/2018)
(d) The name of the accused
persons and their parentage
and residence;
: Naresh Jairam Pardeshi,
Age 38 yrs., Occ. Service
R/o. Room No.165,
Aram Nagar Part02, Versova,
Andheri(W), Mumbai.
(e) The offences complained of
or proved ;
: Under Sections 354, 451 of the
Indian Penal Code.
(f) The plea of the accused and
their examination (if any); : The accused pleaded not guilty
(g) The final order; : The accused is acquitted.
(h) The date of such order; : 11/10/2021,
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Mr. Shah, APP for the State.
Mr. M. E. Shaikh, Advocate for the accused.
J U D G M E N T
(Delivered on 11/10/2021)
1. The accused is prosecuted for the offence punishable under
Section 354, 451 of the Indian Penal Code.
2. In brief, it is the case of the prosecution that on
16/05/2018 at about 4.30 hrs. at Room No.91, Flower Chawl,
Sundarwadi, Aram Nagar Part1, Versova, Andheri (W), Mumbai
informant with her sister Geeta Kudiya were sited outside the house. At
that time accused came there and requested for drinking water.
Therefore, she went to inside the house for bringing water. The accused
also entered into the house and caught her from her backside when the
informant resisted him, he pressed her breast and thereby outraged her
modesty. Thereafter, informant with her sister had gone to the police
station and lodged report against the accused.
3. On the basis of the report given by the informant, crime no.
202/2018 came to be registered against the accused. During
investigation I.O. arrested the accused and after completion of
investigation, I.O. filed chargesheet.
4. My learned Predecessor has framed charge against the
accused for the above mentioned offences. The accused pleaded not
guilty and claimed to be tried. The prosecution has examined in all
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three witnesses. The statement of the accused under Section 313 of the
Code of Criminal Procedure came to be recorded. His defence is that of
total denial.
5. The points for determination alongwith my findings
thereon as under :
Sr.No. POINTS FINDINGS
1] Does the prosecution prove that
accused used criminal force to
informant i.e. by pressing her
breast to outrage her modesty by
such criminal force?
In the negative
2] Does the prosecution prove that
the accused committed house
trespass by entering into the house
of the informant's sister used as
custody of property in order to
commit an offence of outrage
modesty of informant?
In the negative
3] What order ? The accused is acquitted
R E A S O N S
AS TO POINT NO. 1 AND 2 :
6. The prosecution examined in all three witnesses in this
case. PW01, the informant, PW02 Geeta Anand Kudya is the sister of
the informant and PW03 Rauf Mazhar Shaikh is the investigating
Officer.
7. The informant has deposed that, on 16/05/2018 at about
4.30 P.M. she was at the house of her sister at Saat Bangla, Sunderwadi,
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Versova. The accused requested for drinking water. Therefore, she came
inside the house for bringing drinking water. The accused also entered
into her house and he started to touch her breast. Therefore, she
shouted and accused pressed his hand on her mouth. Then her sister
Geeta came inside the room. The accused apologized to her sister and
went away. She narrated incident to her brotherinlaw. Then she went
to police station and lodged report.
8. The PW02 Geeta Anand Kudiya has deposed that,
informant is her sister. Incident occurred on 16/05/2018 at about 4.30
P.M. in her house. The informant came to her home to meet her.
Accused used to work with her in Gallot Cake Shop. She was on one
month leave. The accused came to her home and requested for drinking
water. Both sisters were sited outside the house. Therefore, she asked
the informant to go inside and bring drinking water. When informant
was opening the fridge the accused entered into the house and caught
hold her on back side. Therefore, informant shouted. The accused was
pressing the breast and thereafter pressed her mouth by his hands.
Therefore, she went inside the house. Then the accused started begging
for apology. Thereafter, informant lodged report.
9. The prosecution has examined investigation officer who
has deposed, in what manner he has carried out the investigation. His
evidence in the present case is not of much importance.
10. In criminal trial the conviction can be based even on sole
testimony of the witness if the evidence inspires confidence. In the
present case after going through the entire evidence of PW01 and PW
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02 it is crystal clear that, it does not inspire confidence. They are the
interested witnesses. It is not corroborated by any other witnesses. The
investigation officer never visited to the spot of incident. He also not
sent any subordinate officer of constable to visit the spot of incident.
He has not recorded the independent witness in this case. The
prosecution has failed to establish that, the accused has committed
house trespass by entering into the house of the informant's sister and
outrage modesty of the informant. The essential ingredients of the
Sections 354 and 451 of IPC are not proved. Hence, I answer point No.1
and 2 in the negative and pass the following order:
AS TO POINT NO.3:
11. The prosecution failed to prove guilt of the accused beyond
reasonable doubt. Therefore, the accused is liable to be acquitted. In
the result, in answer to Point No.3, I pass the following order.
ORDER
1 The accused is acquitted of the offence punishable under
Sections 354, 451 of the Indian Penal Code vide Section 248
(1) of the Code of Criminal Procedure.
2 Bail bond of the accused stands cancelled and he be set at
liberty.
3 The accused to execute P.R. Bond of Rs.15,000/ vide Section
437–A of the Code of Criminal Procedure for appearance before
the higher court, if said court issues notice to him for his
appearance in the matter in which present judgment is
challenged, if any.
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The Judgment is transcribed directly on the computer and
pronounced in open Court.
Sd/
Mumbai ( A. I. Shaikh )
Metropolitan Magistrate,
Date:11/10/2021 44 th Court, Andheri, Mumbai.
*kck
Typed on : 11/10/2021
Signed on :11/10/2021
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