Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 1963 / PW / 2018.
C/S filed on : 23.07.2018.
Decided on : 03.10.2018.
Duration : 2 M & 10 D.
Exh. 9
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY SHRI R. R. KHAN)
(a) The serial number of the
case.
: C. C. No. 1963 / PW / 2018.
(b) The date of the commission
of the offence.
: During the period from
23.01.2017 till 23.04.2017.
(c) The name of the Informant. : The State (Jogeshwari Police
Station in C. R. No.23/2018)
(d) The name of the accused
persons and their parentage
and residence;
: 1) Brijal Subhashchandra
Patel,
Age : 29 years, Occ : Service,
Res : Jogeshwari (E), Mumbai.
2) Smt. Meenakshi
Subhashchandra Patel,
Age : 56 years, Occ : Housewife,
Res : Jogeshwari (E), Mumbai.
3) Hemanshu @ Himanshu
Subhashchandra Patel,
Age : 25 years, Occ : Service,
Res : Jogeshwari (E), Mumbai.
(e) The offence complained of : Under sections 498A, 323,
406, 504, 506, 500 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 : The accused are acquitted.
(h) The date of such order : 03.10.2018.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for all the accused : Shri M. V. Kabra.
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2 C. C. No. 1963 / PW / 2018.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused are facing trial for the offences punishable
under sections 498A, 323, 406, 504, 506, 500 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 Smt. Jinal Brijal
Patel at Exh.7 came to be recorded. I have heard Shri P. S.
Sapkale, Ld. APP for the State and Shri M. V. Kabra Ld. Advocate
for all 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 Smt. Jinal
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 also filed a pursis at Exh.8 quoting
therein that she do not want to proceed with the case. Hence, in
view of non support of this most relevant witness, the allegations
leveled against accused persons cannot be proved in any manner.
Hence, I am satisfied to acquit the accused by passing following
order
O R D E R
i Above named accused nos.1 to 3 are
acquitted of the offences punishable under sections
498A, 323, 406, 504, 506, 500 r/w 34 of the
Indian Penal Code vide Sec. 248 (1) of the Code of
Criminal Procedure.
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3 C. C. No. 1963 / PW / 2018.
ii Bail bonds of all the accused stand
cancelled.
iii All the accused shall furnish bonds of
Rs.10,000/ by each under section 437(A) of the
Code of Criminal Procedure.
iv Muddemal Property i. e. 'Stridhan' as
described in the chargesheet is already returned
to the informant, be retained with her and
Indemnity Bond executed by her, be deemed
cancelled, after appeal period is over.
Sd/
Dt. 03.10.2018. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 03.10.2018.
Transcribed on : 03.10.2018.
Signed on : 03.10.2018.
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