Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 1652 / PW / 2018.
& C. C. No.1827/Misc/2017
C/S filed on : 21.06.2018.
Decided on : 02.08.2019.
Duration : 1 Y, 1 M & 12 D
Exh. 6
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. 1652 / PW / 2018 &
C. C. No.1827/Misc/2017.
(b) The date of the commission
of the offence.
: 20.09.2013.
(c) The name of the Informant. : The State (Juhu Police Station
in C. R. No.295/2013)
(d) The name of the accused
persons and their parentage
and residence;
: 1) Ravi Prakash Shigvan,
Age : 38 years, Occ : Service,
Res : Vile Parle (W), Mumbai.
2) Kishor Prakash Shigvan,
Age : 34 years, Occ : Service,
Res : Vile Parle (W), Mumbai.
3) Sagar Prakash Kamble,
Age : 21 years, Occ : ,
Res : Vile Parle (W), Mumbai.
(e) The offence complained of : Under sections 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 : The accused are acquitted.
(h) The date of such order : 02.08.2019.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for all the accused : Shri Shankar Kamble.
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2 C. C. No. 1652 / PW / 2018.
& C. C. No.1827/Misc/2017
COMMON JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused are facing trial for the offences punishable
under sections 323, 504, 506(II) r/w 34 of the Indian Penal Code.
Initially, offence came to be registered in year 2013 vide C. R.
No.295/2013. Juhu Police Station filed chargesheet in C. C.
No.1827/Misc/2017 against accused Sagar Prakash Kamble on
04.08.2017. Lateron, 21.06.2018, Juhu Police Station filed another
chargesheet in C. C. No.1652/PW/2018 against accused Nos.1 Rvi
Prakash Shigvan and 2) Kishor Prakash Shigvan for the same C. R.
No.295/2013. Meantime, charge came to be framed against
accused Nos.1 and 2, however, accused No.3 Sagar Prakash
Kamble came to be included in said charge as both cases came to
be filed for same crime. Ultimately, both cases came to be clubbed
with each other and this common Judgment is passed.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of PW1 Sohel Allan
Khan at Exh.4 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 Shri P. S. Sapkale, Ld. APP for the State and
Shri Shankar Kamble Ld. Advocate for all the accused at length. I
have perused the evidence on record very minutely and carefully.
.......... 3
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3 C. C. No. 1652 / PW / 2018.
& C. C. No.1827/Misc/2017
3 In so far as evidence on record is concerned, PW1 Sohel is
the informant, aggrieved and only injured of this case. He has not
supported the case of prosecution. Per contra, he has denied the
role of present accused persons in said assault. He has also filed a
pursis at Exh.5 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 All the above named accused Nos.1 to 3 are
acquitted of the offences punishable under sections
323, 504, 506(II) r/w 34 of the Indian Penal Code
vide Sec. 248 (1) of the Code of Criminal
Procedure.
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.
….............. 4
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4 C. C. No. 1652 / PW / 2018.
& C. C. No.1827/Misc/2017
iv Copy of this Common Judgment be kept in
both cases.
Sd/
Dt. 02.08.2019. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 02.08.2019.
Transcribed on : 02.08.2019.
Signed on : 02.08.2019.
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