Interim Order 2

Order Details: Copy of Evidence
Pdf Text: 1 of 2
C.C. No. 2277/PW/2018 Exh - 12
Deposition of Witness No. 01 for Prosecution.
I on solemn affirmation depose as under :
My Name : Perpetual Eubal D’souza
Age : 50 years Occupation : Private JOb
R/o. : 32/A, John D’souza House, Church Pakhadi, Road No.2,
Sahar Village, Andheri(E), Mumbai.
Exam.-in-chief by APP Shri. Shri. Jamdhade for the State:-
1. Incident occurred on 09.06.2017 at about 06:00 p.m. at
market at Road No.2, Church Pakhadi, Sahar, Andheri(E). On the day of
incident, a mob came to our vegetable cart and they started hitting us
with rod and sticks. I could not see the assailants during incident. It did
not so happen that on the day of incident accused assaulted us. I lodged
report with the police station about the assault. I did not state to the
police while lodging report that accused assaulted us. The F.I.R. &
printed FIR are now shown to me. They bear my signature. I do not
remember the contents thereof. The F.I.R. & printed FIR are marked
Exh-13 & Exh-14 to the extent of signature.
(Note :- At this stage the Learned A.P.P. submitted that the witness
reslied from his earlier statement. Hence, he be permitted to put the
leading questions to the witness in the nature of cross-examination.
Permission is granted.)
Cross-examination by Learned AP.P Shri. K. S. Jamdhade
2. Police recorded my report as per my assertion. My attention
is now drawn to Portion mark ‘A’ appearing in my report. It is not true
to say that the police recorded the contents of portion mark ‘A’ as per my
-- 1 of 2 --
2 of 2
assertions. It is true to say that we have amicably settled the matter out
of Court with accused as they are my neighbours. It is not true to say that
hence today I am deposing false today.
Examination-in-chief is completes
Cross-examination by Learned Counsel for accused Mr. S. P. Ramdasi
Declined.
No re-examination
Witness is discharged.
R.O.A.C
Sd/-
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
Date : 16.03.2026
Before me,
Sd/-
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
-- 2 of 2 --