Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 1805 / PS / 2018.
C/S filed on : 22.06.2018.
Decided on : 16.03.2021.
Duration : 2 Y, 8 M & 22 D
Exh. 11.
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. 1805 / PS / 2018.
(b) The date of the commission
of the offence.
: 11.04.2018.
(c) The name of the Informant. : The State (Jogeshwari Police
Station in C. R. No.56/2018)
(d) The name of the accused
person and his parentage
and residence;
: Umashankar Ramapati Dubey,
Age : 30 years, Occ : Driver,
Res : Nala Sopara (E), Dist-Palghar.
(e) The offence complained of : Under sections 279, 338 of
the Indian Penal Code and
sections 134(a)(b), 184, 13
RR/177 and 15(2)(7)/177 of
the Motor Vehicles Act.
(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 : 16.03.2021.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for the accused : Shri U. S. Tiwari.
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- 2 - C. C. No. 1805 / PS / 2018.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused is facing trial for the offences punishable under
sections 279, 338 of the Indian Penal Code and sections 134(a)(b),
184, 13 RR/177 and 15(2)(7)/177 of the Motor Vehicles Act.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of PW1 Abhishek
Chandrakant Jadhav at Exh.9 came to be recorded. 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 Mrs. Geeta Godambe,
Ld. In-charge APP for the State and Shri U. S. Tiwari 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 Abhishek
Chandrakant Jadhav is the informant and only injured of this case.
He has not supported the case of prosecution. Per contra, he did
not identify the accused as the same driver. He has also filed a
pursis at Exh.10 quoting therein that he has settled the matter with
accused and 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.
Furthermore, there is no legal and substantial evidence to indicate
rash and negligent conduct of accused. Hence, I am satisfied to
acquit the accused by passing following order -
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- 3 - C. C. No. 1805 / PS / 2018.
O R D E R
i Accused Umashankar Ramapati Dubey is
acquitted of the offences punishable under sections
279, 338 of the Indian Penal Code and sections
134(a)(b), 184, 13 RR/177 and 15(2)(7)/177 of
the Motor Vehicles Act vide Sec. 255 (1) of the
Code of Criminal Procedure.
ii Bail bonds of the accused stand cancelled.
iii The accused shall furnish bond of
Rs.10,000/- under section 437(A) of the Code of
Criminal Procedure.
iv Muddemal Property i.e. DVD containing
CCTV footage being worthless, be destroyed after
appeal period is over.
Sd/-
Dt. 16.03.2021. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 16.03.2021.
Transcribed on : 16.03.2021.
Signed on : 16.03.2021.
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