Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 3707 / PS / 2018.
C/S filed on : 10.12.2018.
Decided on : 03.01.2020.
Duration : 1 Y & 24 Days.
Exh. 7
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. 3707 / PS / 2018.
(b) The date of the commission
of the offence.
: 08.02.2017.
(c) The name of the Informant. : The State (Juhu Police Station
in C. R. No. 88/2017)
(d) The name of the accused
person and her parentage
and residence;
: Kum. Prachi Kamlesh Jhaveri,
Age : 24 years, Occ : Student,
Res : Andheri (W), Mumbai.
(e) The offence complained of : Under sections 279 and 337
of the Indian Penal Code and
section 134(a)(b) of the
Motor Vehicles Act.
(f) The plea of the accused and
her examination.
: The accused pleaded not
guilty.
(g) The final order : The accused is acquitted.
(h) The date of such order : 03.01.2020.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for the accused : Shri Satish Prabhu.
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- 2 - C. C. No. 3707 / PS / 2018.
JUDGMENT UNDER SECTION 355 OF THE CODE OF CRIMINAL
PROCEDURE.
The accused is facing trial for the offences punishable under
sections 279 and 337 of the Indian Penal Code and section 134(a)
(b) 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 Ashok Kashinath
Agale at Exh.4 came to be recorded. As no incriminating evidence
has come on record against the accused, hence, her 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
Satish Prabhu 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 Ashok is
the informant, aggrieved and only injured of this case. He has not
supported the case of prosecution. Per contra, he has denied the
occurrence of incident at the hands of accused. He has specifically
deposed that accused was not driving the vehicle at the time of
incident. Additionally, he has filed an application at Exh.6 for non
prosecution of this case. Hence, in view of non support of this most
relevant witness, the allegations leveled against accused cannot be
proved in any manner. Hence, I am satisfied to acquit the accused
by passing following order -
........... 3
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- 3 - C. C. No. 3707 / PS / 2018.
O R D E R
i Accused Kum. Prachi Kamlesh Jhaveri is
acquitted of the offences punishable under sections
279 and 337 of the Indian Penal Code and section
134(a)(b) 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 bonds of
Rs.10,000/- under section 437(A) of the Code of
Criminal Procedure.
Dt. 03.01.2020. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 03.01.2020.
Transcribed on : 03.01.2020.
Signed on : 03.01.2020.
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