Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 1842 / PW / 2018.
C/S filed on : 11.07.2018.
Decided on : 24.06.2019.
Duration : 11 M & 13 D
Exh. 6
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. 1842 / PW / 2018.
(b) The date of the commission
of the offence.
: 26.07.2016.
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.493/2016)
(d) The name of the accused
person and his parentage
and residence;
: Rafiq Mehboob Shaikh,
Age : 35 years, Occ : Actor,
Res : Andheri (W), Mumbai.
(e) The offence complained of : Under sections 454 and 380
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 : 24.06.2019.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for the accused : Shri P. A. Shetty.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused is facing trial for the offences punishable under
sections 454 and 380 of the Indian Penal Code.
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2 C. C. No. 1842 / PW / 2018.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of PW1 Manan Jayesh
Mehta at Exh.4 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 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 Manan is
the informant and aggrieved of this case. He has not supported the
case of prosecution. Per contra, he has denied the incident of theft.
He has also filed a pursis at Exh.5 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
O R D E R
i Accused Rafiq Mehboob Shaikh is acquitted
of the offences punishable under sections 454 and
380 of the Indian Penal Code vide Sec. 248 (1) of
the Code of Criminal Procedure.
…....... 3
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3 C. C. No. 1842 / PW / 2018.
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.
iv Muddemal Property i. e. Imitation jewelery
ring, be returned to the informant, on proper
identification and verification, after appeal period
is over.
Sd/
Dt. 24.06.2019. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 24.06.2019.
Transcribed on : 24.06.2019.
Signed on : 24.06.2019.
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