Final Order 1

Order Details: Copy  of Judgment
Pdf Text: ` - 1 - C. C. No. 1873 / PW / 2018.
C/S filed on : 13.07.2018.
Decided on : 10.05.2022.
Duration : 3 Y, 09 M & 26 D
Exh. 7
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. 1873 / PW / 2018.
(b) The date of the commission
of the offence.
: 18.01.2018.
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C.R.No.32/2018)
(d) The name of the accused
person and his parentage
and residence;
: Salman Karim Gaus.
Age : 26 years, Occ : Nil,
Res : Andheri (W), Mumbai.
(e) The offence complained of : Under section 379 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 : 10.05.2022.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri Dr. Khade.
Advocate for the accused : Shri. Nasir Patel.
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` - 2 - C. C. No. 1873 / PW / 2018.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused is facing trial for the offence punishable under
section 379 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
Mr. Satyanarayan Swaminath Gupta at Exh.4 came to be recorded.
It is important to mention that informant of this case Mrs. Sandaya
Suresh Karmani is not traceable as per police report filed by
prosecution, her presence cannot be secured for this trial. As no
incriminating evidence has come on record against the accused,
hence, the statement of accused under section 313 of the Code of
Criminal Procedure is dispensed with. I have heard Shri Dr. Khade,
the learned APP for the State and Shri Nasir Patel, the learned
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
Mr. Satyanarayan is the panch witness of this case. He has not
deposed anything regarding preparation of panchnama. He has
admitted that no panchnama was made in his presence. Apart
from evidence of panch witness, it is necessary to mention here
that prosecution has not examined the informant, aggrieved and
victim and Investigating officer of this case. In absence of their
evidence, the allegations of section 379 of I. P. C. cannot be proved
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` - 3 - C. C. No. 1873 / PW / 2018.
in any manner. Hence, accused deserves for benefit of doubt.
Hence, I am satisfied to acquit the accused by passing following
order: -
O R D E R
i Accused Salman Karim Gaus. is acquitted
of the offences punishable under section 379 of the
Indian Penal Code vide Sec.248 (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.
Sd/-
Dt. 10.05.2022. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
ssk
Dictated on : 10.05.2022
Transcribed on : 10.05.2022
Signed on : 10.05.2022
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