Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C.C.NO.2202103/PW/2018
Filed on : 06082018
Registered on : 06082018
Decided on : 24102019
Duration : 01Y, 02M, 18D
Exh. : 06
IN THE COURT OF THE ADDIL. CHIEF METROPOLITAN MAGISTRATE,
22nd COURT, ANDHERI, MUMBAI.
(Presided Over by S. N. SALVE)
Judgment Under Section 355 of the Code of
Criminal Procedure
(a) The serial & CNR No. of
the case;
: C. C. No. 2202103/PW/2018
CNRNo.MHMM190079592018
(b) The date of commission of
the offence;
: 16032018
(c) The name of the
complainant
(if any);
: The State of Maharashtra
(At the instance of Sahar Police
Station in Crime No. 103/2018)
(d) The name of the accused
person and his parentage
and residence;
: Lakshayraj Singh Sisodiya
Age : Adult
Occupation : Nil
R/at : Beside R.T.O. Office,
Dariyavat Road, Pratapgad
Rajasthan.
(e) The offence complained
of or proved;
: Under Section 354 of the Indian
Penal Code
(f) The plea of the accused
and
his examination(if any);
: Accused pleaded not guilty and
claimed to be tried.
(g) The final order; : Accused is acquitted.
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2 C.C.NO.2202103/PW/2018
(h) The date of such order; : 24102019
Appearance: APP Mrs. N. R. Pasarkar for the State.
Advocate Shri. Tripathi for accused.
J U D G M E N T
(Delivered on 24102019 )
The accused stands prosecuted for the offence punishable
under Section 354 of the Indian Penal Code (For short, the I.P.C.).
2. The prosecution case, in a nutshell, is that the informant
lodged report with Sahar Police Station alleging therein that, on
16032018 she was on duty on Flight No. AI643 from Bombay to
Udaipur and when the said flight was landing at Udaipur, accused
outraged her modesty.
3. On the basis of aforesaid F.I.R., Crime No. 103/2082 under
Section 354 of the I.P.C. was registered against the accused. The
investigation of the crime was carried out by P.S.I. Smt. Jayashri
Sangale and after completion of due investigation she submitted charge
sheet against the accused for the offence punishable under Section 354
of the I.P.C.
4. I framed charge (Exh2) against the accused for the offence
punishable under Section 354 of the I.P.C.. It was read over and
explained to him to which he pleaded his innocence and claimed to be
tried. The statement of accused under Section 313 of the Code of
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3 C.C.NO.2202103/PW/2018
Criminal Procedure is not recorded as there is no incriminating evidence
against him.
5. The points for determination along with my finding with
reasons thereon are as follows :
Sr.
No
Points Findings
1 Whether the prosecution proves that
accused outraged modesty of informant ? : No.
2 What order ? : Accused is
acquitted.
R E A S O N S
6. In order to bring home the guilt of the accused, the
prosecution has examined the informant as PW 1 at Exh.4.
: Point No.1 :
7. The informant (PW 1) being the victim of the crime is the
star witness of the prosecution. Unfortunately, she has not supported to
the case of the prosecution. She deposed that, on 16032018 she was
on duty on Flight No. AI643 from Bombay to Udaipur and when the
said flight was landing at Udaipur, one of the passenger came from
behind and touched her inappropriately. She lodged complaint by
email. She could not identify the said passenger, as he came from
behind. In the crossexamination conducted by Ld. A.P.P. for the State,
she denied that accused present before the Court is the same person. In
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4 C.C.NO.2202103/PW/2018
the crossexamination conducted by Ld. Advocate for the accused, she
admitted that she does not want to proceed with the matter as it is
settled out of the Court.
8. As the informant (PW 1), who is the alleged victim of the
crime herself has not supported to the case of the prosecution, rest of
the witnesses other than informant have not been examined. Under
these circumstances, examining remaining witnesses would have been
futile exercise.
9. There is no iota of evidence against the accused to show
that he committed the offence alleged against him. Considering
evidence led by the prosecution and the reasons discussed herein above,
I hold that prosecution has not been able to establish the guilt of the
accused. Consequently, I answer point No.1 in the negative.
: Point No. 2 :
10. In view of my negative finding as to point No. 1 accused is
entitled for acquittal.
11. In the result, following order is passed.
O R D E R
(i) Accused is acquitted of the offence punishable under 354 of the
Indian Penal Code under section 248 (i) of Cr.P.C.
(ii) Bail bond of the accused stands cancelled.
(iii) He shall furnish P.R. and S.B. of Rs.15,000/ (Rs. Fifteen
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5 C.C.NO.2202103/PW/2018
Thousand Only) as per Section 437 (A) of the Code of Criminal
Procedure for the period of six months.
Date : 24102019
(S. N. Salve)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
*csj
Dictated on : 24102019
Typed on : 24102019
signed on : 24102019
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