Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO.3222/PW/2018
Filed on .. 03/12/2018
Registered on .. 03/12/2018
Delivered on .. 17/09/2022
Duration .. 03Y 09M 14D
CNR No.MHMM190128022018
Exh.6
BEFORE 65th METROPOLITAN MAGISTRATE,
ANDHERI, MUMBAI.
(Presided over by C.P. Kashid)
(Judgment as per Sec. 355 of the Cr.P.C.)
(a) The serial number of the
case;
: C.C. No.3222/PW/2018
(b) The date of commission of
offence;
From 19.04.2017 to 30.06.2017
(c) The name of the
informant, if any;
: Through PSO Andheri Police
Station (CR No.381/2017)
(d) The name of the accused
person, his parentage and
residence;
: 1) Ashvir Virendra Hegde
Age : 36 years
Occupation : Nil
R/o.: D/8 Sahar Society
Parshiwada, Andheri East,
Mumbai.
2) Asha Virendra Hegde
Age : 60 years
Occupation : Nil
R/o.: D/8 Sahar Society
Parshiwada, Andheri East,
Mumbai.
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2 C. C. NO.3222/PW/2018
(e) The offence complained of
or proved;
: U/Sec. 498A, 323 and 504 r/w
Sec.34 of the Indian Penal Code.
(f) The plea of the accused
and his examination, (if
any);
: Accused pleaded not guilty
(g) The final order; : As Per Final Order
h) The date of such order; : 17/09/2022
Appearance : Ld. APP. A Shaikh for the State
Ld. Adv. Chandrakant Ambani for the accused
JUDGMENT
(Delivered on 17/09/2022)
1. Accused have been chargesheet ed for the offences
punishable U/Sec. 498A, 323 & 504 r/w Sec.34 of the Indian
Penal Code (for short “IPC”).
The prosecution case in short is as follows :
From 19.04.2017 to 30.06.2017 at D/8 Sahar Society,
Parshiwada, Andheri East, Mumbai, accused No.1 being husband
of informant along with other accused subjected the informant to
cruelty by demanding dowry. Accused voluntarily caused hurt and
intentionally insulted the informant. Therefore, the informant
went to Andheri police station and lodged FIR. As per FIR, Crime
No.381/2017 registered against the accused. Thereafter,
Investigating Officer recorded statement of witnesses and after
completion of investigation submitted chargesheet against the
accused.
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3 C. C. NO.3222/PW/2018
2. I have framed charge against the accused No.1 & 2 vide
Exh.4 and it read over and explained to them in vernacular, to
which they pleaded not guilty and claimed to be tried. Their
defence is of total denial and false implication.
3. Following points arise for my determination and I have
recorded findings thereon for the reasons discussed herein after :
SR.
NO.
POINTS FINDINGS
1 Whether prosecution prove that from
19.04.2017 to 30.06.2017 at D/8 Sahar
Society, Parshiwada, Andheri East, Mumbai,
accused in furtherance of their common
intention, subjected the informant to cruelty
by demanding dowry ? No
2 Whether prosecution prove that on the
above date, time & place, accused in
furtherance of their common intention,
voluntarily caused hurt to the informant ? No
3 Whether prosecution prove that on the
above date, time & place, accused in
furtherance of their common intention,
intentionally insulted informant and thereby
gave provocation, intending that such
provocation would cause her to break the
public peace ? No
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4 C. C. NO.3222/PW/2018
4 What order ? As per
final order
R E A S O N S
As to points No. 1 to 3 :
4. In order to establish guilt of the accused, prosecution has
examined only one witness. The prosecution has examined the
informant Ankita Hegde as PW1 at Exh.5. But she turned hostile
and not stated anything against the accused. She stated that she
do not know about the contents of FIR. But she further stated that
settlement is arrived between her and accused and she do not
want to proceed further against them and she has no any
complaint against the accused. Thus there is no any incriminating
substance comes in the evidence of PW1 against the accused,
therefore, statement of U/Sec.313 of CrPC is dispensed with. Thus,
it appears that material witness i.e the informant is not supported
and corroborated to the prosecution case to prove the guilt of the
accused, therefore, evidence of prosecution was closed.
5. Thus, the prosecution has failed to prove the case against
the accused beyond reasonable doubt. Therefore, I answered
points No.1 to 3 in the negative. Therefore, accused are entitled to
be acquitted from the charges levelled against them. Hence for
answering point No.4, I pass following order :
ORDER
1) Accused are acquitted of the offences punishable U/Sec. 498A,
323 and 504 r/w Sec.34 of the Indian Penal Code vide Section
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5 C. C. NO.3222/PW/2018
248(1) of the Cr.P.C.
2) Their bail bonds (if any) are cancelled.
3) The accused are directed to furnish P.B. & S.B. of Rs.15,000/
each or cash bail of the same for appearance before the Hon'ble
Appellate Court towards the compliance of Section 437(A) of the
Cr.P.C.
4) Dictated & declared in the open Court.
Date : 17.09.2022 (C.P. Kashid)
Metropolitan Magistrate
ask 65th Court, Andheri, Mumbai.
Dictated &
typed on : 17.09.2022
Signed on : 17.09.2022
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