Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 1982 / PW / 2018.
C/S filed on : 23.07.2018.
Decided on : 01.06.2020.
Duration : 1 Y, 10 M & 9 D
Exh. 10
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. 1982 / PW / 2018.
(b) The date of the commission
of the offence.
: During the period from July-
2016 till 28.02.2017.
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.123/2017)
(d) The name of the accused
persons and their parentage
and residence;
: 1) Kasam Noor Mohammed
Chauhan,
Age : 50 years, Occ : Business,
Res : Andheri (W), Mumbai.
2) Smt. Farida Kasam
Chauhan,
Age : 47 years, Occ : Housewife,
Res : Andheri (W), Mumbai.
3) Huzaifa Kasam Chauhan,
Age : 27 years, Occ : Business,
Res : Andheri (W), Mumbai.
4) Smt. Rameeza Shaikh,
Age : 37 years, Occ : Housewife,
Res : Andheri (W), Mumbai.
(e) The offence complained of : Under sections 324, 342, 323,
504, 506(II) r/w 34 of the
Indian Penal Code.
(f) The plea of the accused and
their examination.
: The accused pleaded not
guilty.
(g) The final order : All the accused are acquitted.
(h) The date of such order : 01.06.2020.
(i) Brief statement of reasons : As recorded herein below.
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- 2 - C. C. No. 1982 / PW / 2018.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for all the accused : Shri A. N. Shaikh.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused are facing trial for the offences punishable
under sections 324, 342, 323, 504, 506(II) r/w 34 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 Ms. Parveen
Abbas Shaikh at Exh.7 came to be recorded. As no incriminating
evidence has come on record against the accused, hence, their
statement under section 313 of the Code of Criminal Procedure is
dispensed with. I have heard both sides at length. I have perused
the evidence on record very minutely and carefully.
3 In so far as evidence on record is concerned, PW1 Ms.
Parveen is the informant, aggrieved and only injured of this case.
She has not supported the case of prosecution. Per contra, she has
denied the incident of assault. She has deposed that she lodged
complaint in anger. She was cross-examined by prosecution, but, of
no use. She has deposed that she has settled the dispute with
accused. Additionally, she has filed her Affidavit vide Exh.8 and 9
in support of her stand. 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 -
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- 3 - C. C. No. 1982 / PW / 2018.
O R D E R
i All the above named accused nos.1 to 4 are
acquitted of the offences punishable under sections
324, 342, 323, 504, 506(II) r/w 34 of the Indian
Penal Code in their absence vide Sec. 248 (1) of
the Code of Criminal Procedure.
ii Bail bonds of all the accused stand
cancelled.
iii The accused shall furnish bonds of
Rs.10,000/- by each under section 437(A) of the
Code of Criminal Procedure. The Ld. Advocate for
the accused is directed to comply the provisions of
section 437(A) of Cr. P. C. at the earliest and after
relaxation of national lock-down.
Dt. 01.06.2020. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 01.06.2020.
Transcribed on : 01.06.2020.
Signed on : 01.06.2020.
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