Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO.3287/PW/2018
Filed on .. 10/12/2018
Registered on .. 10/12/2018
Delivered on .. 18/07/2019
Duration .. 00Y 07M 08D
CNR No.MHMM19-013172-2018
Exh.5
BEOFRE 65th METROPOLITAN MAGISTRATE,
ANDHERI, MUMBAI.
(Presided over by S.C.Pathare)
(Judgment as per Sec. 355 of the Cr.P.C.)
(a) The serial number of the
case;
: 3287/PW/2018.
(b) The date of commission of
offence;
: From 03.05.2017 from 22.30
hours till 05.05.2017 at about
11.30 hours.
(c) The name of the informant,
if any;
: Through P.S.O. Vileparle Police
Station
(CR No. 149/2017).
(d) The name of the accused
person, his parentage and
residence;
: 1. Shrikant Pandit Chavan..
Age : 23 years.
R/o. Acharya Laman Tanda,
Murum, Tal : Umruga,
Dist : Osmanabad.
(e) The offence complained of
or proved;
: U/Sec.379 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; : 18/07/2019.
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2 C. C. NO.3287/PW/2018
Appearance : Ld. APP. Shri. G.G. Khade for the State.
Ld. Adv. Shri. D.D. Kerkar for the Accused.
JUDGMENT
(Delivered on 18.07.2019)
1. The accused has been charge-sheeted for the offence
punishable U/Sec.379 of the Indian Penal Code (for short “IPC”).
Factual Matrix :-
Informant was having Innova car. He had parked the same
near Ramabai school between 03.05.2017 to 05.05.2017. However, it
was noticed by informant that some unknown person had stolen the
same. On 05.05.2017 he went to police station and lodged report of the
incident.
2. On the basis of it, crime came to be registered. Statements of
the witnesses were recorded, police seized said vehicle. On completion
of the investigation, charge-sheet came to be submitted.
3. My learned predecessor has framed charge vide Exh.02. The
same was read over and explained to him in vernacular, to which he
pleaded not guilty and claimed to be tried. His defence is that of total
denial and false implication.
4. The following points arose for my determination and I have
recorded findings thereon for the reasons discussed infra:-
S.NO. POINTS FINDINGS
1 Whether prosecution proved that on
03.05.2017 at about 22.30 hours till
05.05.2017, Accused committed theft of
Innova car ? Not proved.
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3 C. C. NO.3287/PW/2018
2 What order ? As Per
Final Order.
R E A S O N S
As to point No. 1 :
5. In order to establish guilt of the accused the prosecution has
examined only one witness. PW1 Ashish Borgaonkar (Informant) is
examined at Exh.4
The statement of accused U/Sec.313 of the Cr.P.C has been
dispensed with.
6. In this case, informant is the main witness who deposed that
on 03.05.2017 his car was stolen from the concern parking place. He
deposed that FIR Exh.5 was lodged by him. However, in the chief
examination, he has not uttered even a single word against the present
accused. Even-though Jail Authority produced accused today, but PW1
has said nothing regarding his identification. Apart from that, informant
submitted pursis stating that he is not interested in this case. In short,
there is absence of clear, cogent and convincing material against the
accused.
7. It is the settled position of law that prosecution has to
establish guilt of the accused beyond reasonable doubt. However, in
the present case, it has failed to do so. In view of the above peculiar
facts, circumstances and evidence, accused is found entitled to the
benefit of doubt. Accordingly, I answered above point in the negative
and proceed to pass infra order :-
ORDER
i) Accused Shrikant Pandit Chavan stands acquitted of the
offence punishable U/Sec.379 IPC vide the provisions of section 248(1)
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4 C. C. NO.3287/PW/2018
of the Cr.P.C.
ii) His bail bonds(if any) are cancelled.
iii) The Accused is directed to furnish P.B. of Rs.5,000/- for
appearance before the Hon'ble Appellate Court, towards compliance of
Section 437(A) of the Cr.P.C.
iv) Inform the Jail Authority accordingly.
v) Dictated & declared in the open Court.
Sd/-
Date : 18.07.2019 (S.C. Pathare)
Metropolitan Magistrate,
ask 65th Court, Andheri, Mumbai.
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“I affirm that the contents of this P.D.F. file Judgment are
same word for word as per original Judgment.
Name of Steno : A.S. Kubal
Court Name : S.C. Pathare,Metropolitan Magistrate, 65th Court,
Andheri, Mumbai.
Judgment signed by Presiding Officer on : 19.07.2019.
Judgment uploaded on : 19.07.2019.
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