Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 1534 / PW / 2018.
C/S filed on : 11.06.2018.
Decided on : 25.03.2019.
Duration : 9 M & 14 D.
Exh. 11
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. 1534 / PW / 2018.
(b) The date of the commission
of the offence.
: 09.01.2018.
(c) The name of the Informant. : The State (Juhu Police Station
in C. R. No.14/2018)
(d) The name of the accused
person and his parentage
and residence;
: Vinod Sampat Yadav,
Age : 34 years, Occ : Driver,
Res : Nala Sopara (E), Dist
Palghar.
(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 : 25.03.2019.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for the accused : Aarti Deshmukh.
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.
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2 C. C. No. 1534 / PW / 2018.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of PW1 Meraj Ali
Subhan Ali Shaikh at Exh.8 came to be recorded. 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 P. S.
Sapkale, Ld. APP for the State and Aarti Deshmukh 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 Meraj Ali
is the informant and aggrieved of this case. He has initially
supported the prosecution case, however, denied identifying the
accused to be the thief. Per contra, he has also filed a joint pursis
at Exh.10 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 Vinod Sampat Yadav is acquitted
of the offence punishable under section 379 of the
Indian Penal Code vide Sec.248 (1) of the Code of
Criminal Procedure.
…........ 3
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3 C. C. No. 1534 / 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. one mobile phone
of OPPO company as described in the charge
sheet, if not returned, be returned to the informant
on proper verification and identification, after
appeal period is over.
Sd/
Dt. 25.03.2019. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 25.03.2019.
Transcribed on : 25.03.2019
Signed on : 25.03.2019.
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