Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO. 2111/PW/2018
(Judgment)
MHMM190080772018
Received on : 07/08/2018,
Registered on : 07/08/2018,
Decided on : 23/08/2021,
Duration : 03 Y. 00 M. 16 D.
Exh. : 05
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY IMRAN R. MARCHIYA)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
(a) The serial No. of the case; : 2111/PW/2018
(b) The date of commission of
the offence;
: 09/04/2012
(c) The name of the complainant
(if any);
: The State (Meghwadi Police
Station in C. R. No. 74/2012).
(d) The name of the accused person
and his parentage and
residence;
: 1. Irfan Kadar Sayyed,
Age : 42 Years, Occ. : Business,
2. Sattar Kadar Sayyed,
Age : 47 Years, Occ. : Driver,
3. Farhan Irfan Sayyed,
Age : 36 Years, Occ. : Housewife,
All accused R/o. Near Seven
Number Taki, Opposite Janshakti
Police Chowki, Jogeshwari (East),
Mumbai.
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(Judgment)
(e) The offence complained of
or proved ;
: Under Sections 354, 324 and 504
read with Section 34 of the Indian
Penal Code.
(f) The plea of the accused and
their examination (if any);
: The accused not pleaded guilty.
(g) The final order; : The accused are acquitted.
(h) The date of such order; : 23/08/2021,
Mr. Shah, APP for the State.
Mr. Nagesh Mishra, Advocate for the accused.
J U D G M E N T
(Delivered on 23/08/2021)
1. The accused are prosecuted for the offences punishable under
Sections 354, 324 and 504 read with Section 34 of the Indian Penal Code.
2. In brief, it is the case of the prosecution that the informant Mrs.
Shabana Zahir Shaikh and the accused are resident of same chawl. On
08/04/2012 at about 9.00 p.m. accused no. 3 as usual had parked her scooty
infront of the house of Mubarak Bawarjee. One unknown vehicle had given
dash to said scooty and due to which said scooty had fallen on the ground.
Thereafter, accused no. 3 and her family members quarreled with the
informant by alleging that the hand cart of the family of the informant has
given dash to her scooty. Again on 09/04/2012 at about 5.30 p.m. accused no.
3 and her family members quarreled with the informant and demanded
compensation for the damage caused to her scooty. Thereafter, at about
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(Judgment)
8.00 p.m. when the informant was climbing up the stairs of her room, all
accused came there. Accused nos. 1 and 2 molested the informant by inserting
their hands in the clothes of the informant. The informant raised a
commotion. The family members of the informant and others came there.
Accused no. 1 gave a blow of blade on the left hand of the informant and
caused injury to her. The accused also hurled abuses against the informant.
After the incident the informant took medical treatment at Cooper hospital.
Thereafter the informant went to police station Meghwadi and lodged report
against the accused.
3. On the basis of the report given by the informant, crime no.
74/2012 came to be registered against the accused. During investigation I.O.
drawn spot panchanama on the spot of the incident. He arrested the accused
persons. During further investigation I.O. collected injury report of the
informant and recorded statement of witnesses. After completion of
investigation, I.O. filed chargesheet.
4. I framed charge (Exh.2) against the accused for the above
mentioned offences. The accused pleaded not guilty and claimed to be tried.
The prosecution has examined only the informant. As no incriminating
evidence came on record in the evidence of the prosecution, the statement of
the accused under Section 313 of the Code of Criminal Procedure came to be
dispensed with.
5. The points for determination alongwith my findings thereon as
under :
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(Judgment)
POINTS FINDINGS
1] Does the prosecution prove that the accused
in furtherance of their common intention,
assaulted or used criminal force to the
informant, intending to outrage her
modesty?
No.
2] Does the prosecution prove that the accused
in furtherance of their common intention,
voluntarily caused hurt to the informant by
means of blade ?
No.
3] Does the prosecution prove that the accused
in furtherance of their common intention,
intentionally insulted the informant ?
No.
4] What order ? The accused are
acquitted
REASONS
AS TO POINT NOS. 1 To 3 :
6. These points are interconnected with each other, therefore, they
are taken up together for consideration and determination.
7. The informant (P.W.1) deposes at Exh. P4 that the accused are
her neighbours. The incident took place prior to about 10 years at about 7.00
p.m. to 8.00 p.m. near their house. At the time of the incident quarrel had
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5 C. C. NO. 2111/PW/2018
(Judgment)
taken place between her and the accused on the count of Scooty of the
accused. Now she does not remember much about the incident. She had given
report of the incident to police. F.I.R. dt. 09/04/2012 bears her signature, but
she is not aware about its contents. The informant has not supported the case
of the prosecution. In the crossexamination by learned APP, the informant
denied that at the time of the incident on 09/04/2012 the accused persons
beat her by means of blade, hurled abuses against her and molested her. The
informant admitted that the dispute is settled between her and the accused
persons.
8. The case is of the year 2018. The informant has not supported the
case of the prosecution. The informant and the accused have filed joint
compromise pursis (Exh.3) on record. From the record it is clear that due to
compromise between the parties, the informant has not stated anything against
the accused. No any incriminating evidence against the accused came on
record in the evidence of the prosecution. The prosecution failed to prove the
charges levelled against the accused. Hence, I answer point nos. 1 to 3 in the
negative.
AS TO POINT NO. 4 :
9. The prosecution failed to prove guilt of the accused. Therefore,
the accused are liable to be acquitted. In the result, in answer to point no. 4, I
pass the following order.
ORDER
1 The accused are acquitted of the offences punishable under Sections
354, 324 and 504 of the Indian Penal Code vide Section 248 (1) of
the Code of Criminal Procedure.
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(Judgment)
2 Bail bonds of the accused stand cancelled and they be set at liberty.
3 The accused to execute P.R. Bond of Rs.15,000/ each with one
solvent surety vide Section 437 – A of the Code of Criminal Procedure
for their appearance in the matter in which present judgment is
challenged, if any.
Sd/
Place : Mumbai.
Date : 23/08/2021.
(Imran R. Marchiya)
Metropolitan Magistrate,
Railway Mobile Court, Andheri, Mumbai.
Dictated On : 23/08/2021
Transcribed On : 23/08/2021
Checked and Signed On : 23/08/2021
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