Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 3255 / PW / 2018.
C/S filed on : 05.12.2018.
Decided on : 05.05.2022.
Duration : 03 Y, 05 M &0 D
Exh. 13
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY SHRI R. R. KHAN)
(a) The serial number of the
case.
: C. C. No. 3255 / PW / 2018.
(b) The date of the commission
of the offence.
: 31.07.2012
(c) The name of the Informant. : The State (Juhu Police Station
in C. R. No.76/2018)
(d) The name of the accused
person and his parentage
and residence;
: Chelumuttu @ Abu
Chinatambi Devendra
Age : 40 years, Occ : Labour
Res : Vile Parle (W), Mumbai.
(e) The offence complained of : Under section 394, 506 (ii),
504 of the Indian Penal Code.
r/w 37 (1), 135 of M.P 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 : 05.05.2022
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri Dr. Khade.
Advocate for the accused : Shri Arvind Jadhav
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- 2 - C. C. No. 3255 / PW / 2018.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused is facing trial for the offence punishable under
section 394, 506 (ii), 504 of IPC r/w sec. 37 (1), 135 of M.P Act.
2 In order to prove the guilt of the accused, prosecution has
examined in all two witnesses. The evidence of PW1
Santoshkumar Parbhans Mahato at Exh.4 and PW2 Mr. Kamalkar
Kerba Sonttake at Exh.7 came to be recorded. I have recorded the
statement of accused at Exh.12. He has denied the evidence
putforth by the prosecution. I have heard Shri. Dr. Khade, the
learned APP for the State and Shri Arvind Jadhav, the learned
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
Santoshkumar is the informant/victim of this case. He has denied
the case of prosecution. He has been cross-examined by learned
APP but of no use. He has not supported incident and stated that
he do not know who assaulted him. He has further deposed that
he do not know who has stolen his amount. He has denied the
ingredients of his own FIR. Ultimately he has denied the entire
case of prosecution.
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- 3 - C. C. No. 3255 / PW / 2018.
4. The next the prosecution examined PW2 Mr. Kamalkar
Sonttake, the investigating officer of this case. He has formally
deposed regarding the manner in which he conducted
investigation. He has deposed about recording of FIR, preparation
of panchnama and completion of other formalities.
5. Keeping in view the nature of allegations, it is significant to
mention here that the informant/victim has denied the case of
prosecution as well as occurrence of incident. In purview of plain
denial by victim, the formal evidence of investigating officer is of
no use to convict the accused on his solitaire version. In such
circumstances, in absence of corroboration of informant regarding
incident, the allegations leveled against the accused cannot be
proved beyond all shadow of doubt. Hence, I am satisfied to pass
the following order:-
O R D E R
i The accused Chelumuttu @ Abu
Chinatambi Devendra is acquitted of the offence
punishable under section 394, 506 (ii), 504 of the
Indian Penal Code r/w section 37 (1), 135 of M.P
Act vide section 248 (1) of the Code of Criminal
Procedure.
ii Bail bonds of the accused stand cancelled.
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- 4 - C. C. No. 3255 / PW / 2018.
iii The accused shall furnish bond of
Rs.10,000/- under section 437(A) of the Code of
Criminal Procedure.
Sd/-
Dt. 05.05.2022 (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
ssk.
Dictated on : 05.05.2022
Transcribed on : 05.05.2022
Signed on : 05.05.2022
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