Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 2071 / PW / 2018.
C/S filed on : 02.08.2018.
Decided on : 15.07.2019.
Duration : 10 Y, 11 M & 13 D
Exh. 8
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. 2071 / PW / 2018.
(b) The date of the commission
of the offence.
: 19.10.2017.
(c) The name of the Informant. : The State (Juhu Police Station
in C. R. No.646/2017)
(d) The name of the accused
person and his parentage
and residence;
: Shankar Arun Panadi
Age : 34 years, Occ : Driver,
Res : Vile Parle (W), Mumbai.
(e) The offence complained of : Under sections 323, 354, 509,
504, 506 of the Indian Penal
Code.
(f) The plea of the accused and
his examination.
: The accused pleaded not
guilty.
(g) The final order : The accused is acquitted.
(h) The date of such order : 15.07.2019.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for the accused : Shri P. A. Shetty.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused is facing trial for the offences punishable under
sections 323, 354, 509, 504, 506 of the Indian Penal Code.
-- 1 of 3 --
2 C. C. No. 2071 / PW / 2018.
2 In order to prove the guilt of the accused, prosecution has
examined in all two witnesses. The evidence of PW1 Smt. Suman
Ranglal Gupta at Exh.4 and PW2 Smt. Simadevi Ranglal Gupta at
Exh.6 came to be recorded. Both the witnesses have denied the
case of prosecution. As no incriminating evidence has come on
record against the accused, hence, his 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 P. A. Shetty Ld.
Advocate for 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 Suman is
the informant, aggrieved and victim of this case. She has not
supported the case of prosecution. Per contra, she has denied the
incident of outraging of her modesty. She has also filed a pursis at
Exh.7 quoting therein that she do not want to proceed with the
case.
4 Similarly PW2 Simadevi has also not supported the case of
prosecution and denied incident of assault by accused. Hence, in
view of non support of these most relevant witnesses, the
allegations leveled against accused cannot be proved in any
manner. Hence, I am satisfied to acquit the accused by passing
following order
…....... 3
-- 2 of 3 --
3 C. C. No. 2071 / PW / 2018.
O R D E R
i Accused Shankar Arun Panadi is acquitted
of the offences punishable under sections 323,
354, 509, 504, 506 of the Indian Penal Code vide
Sec. 248 (1) of the Code of Criminal Procedure.
ii Bail bonds of the accused stand cancelled.
iii The accused shall furnish bonds of
Rs.10,000/ under section 437(A) of the Code of
Criminal Procedure.
Sd/
Dt. 15.07.2019. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 15.07.2019.
Transcribed on : 15.07.2019.
Signed on : 15.07.2019.
-- 3 of 3 --