Final Order 1

Order Details: Copy  of Judgment
Pdf Text: JUDGMENT 1 C.C.NO.3336/PW/2018
MHMM190135812018
Received on : 17.12.2018
Registered on : 17.12.2018
Decided on : 04.10.2023
Duration : 04Ys. 09M. 17Ds.
Exh. : 18
IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22nd COURT, ANDHERI, MUMBAI.
(JUDGMENT U/SEC. 355 OF CRIMINAL PROCEDURE CODE)
(a) The serial No. of the case; : C.C. No. 3336/PW/2018.
(b) The date of commission of
the offence;
: 05.12.2018.
(c) The name of the informant
(if any);
: The State (Sahar Police Station in
C. R. No. 386/2018).
(d) The name of the accused
person, parentage and
residence;
: Alvina Joseph Lobo,
Age : 27 years
Occupation : Service
R/at : S.R. No.311,
Sasane Nagar, Hadapsar,
Pune.
e) The offence complained of
or proved ;
: U/Sec. 420 of Indian Penal Code.
(f) The plea of the accused and
his examination (if any);
: Accused pleaded not guilty.
(g) The final order; : Accused is acquitted.
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JUDGMENT 2 C.C.NO.3336/PW/2018
(h) The date of such order; : 04.10.2023.
APPEARANCE :
Ld. A.P.P. Mr. S. M. Bagale for State.
Ld. Advocate Mr. B. R. Sharma for the accused
J U D G M E N T
(Delivered on 04.10.2023)
1. The above named accused person stands charged for
having committed an offence punishable under Section 420 r/w 34 of
the Indian Penal Code, 1860 (for the sake of brevity hereinafter referred
to as 'I.P.C.').
2. Facts germane to the prosecution case is abridged
thus :
That on 05.12.2018 at around 08.00 hrs. the informant was
on duty at Immigration Departure Wing, Chhatrapati Shivaji Maharaj
International Airport, Mumbai on counter No.22. That the accused
came to his counter for immigration clearance as she intended to go to
Bahrain from Mumbai by flight No. GF/65. That on checking it was
found that she was possessing Indian passport of ECNR Status and was
going to Bahrain on the strength of tourist visa. That informant got
doubt and brought the said fact to the notice of WingIncharge Shri.
Vilas Rane. That on inquiry it was disclosed by the accused that she is
going to Bahrain for employment purpose and she produced
Work(employment) visa paper of Bahrain and also appointment letter.
Further it is disclosed that she obtained tourist visa paper with the help
of agents namely Ashish D'souza and Mohammad for consideration of
Rs.40,000/, in order to avoid immigration clearance process from
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JUDGMENT 3 C.C.NO.3336/PW/2018
Protector of Emigrant office. Thus, she has cheated the Immigration
Authority.
3. Consequently, the informant lodged report in respect of the
aforesaid incident with Sahar police station. On the basis of report C.R.
No.386/2018 was registered under section 420, 34 of IPC against the
accused. Investigation of the case was carried out by P.S.I. Shri. Jayshri
Sangle. After investigation he found sufficient evidence against the
accused, hence forwarded chargesheet under supra sections.
4. Charges were framed against accused on 04.05.2023. He
pleaded not guilty and claimed to be tried. In view of above rival facts
following points arose for my determination and I record my findings
thereon with reasons thereof :
Sr. No. Points Findings
1] Does the prosecution prove that, on above
date, time and place accused in
furtherance of common intention with
agents namely Ashish D'souza and Mohd.
held tourist visa paper of Bahrain,
concealed employment(work) visa paper
of Bahrain in order to avoid immigration
clearance process from Protector Of
Emigrant office, attempted to travel from
Mumbai to Bahrain by pretending that she
was going to Bahrain for tourism and
thereby cheated Mumbai Immigration
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JUDGMENT 4 C.C.NO.3336/PW/2018
Authority thereby committed an offence
punishable under section 420 of I.P.C ? In the negative.
2] What order ? As per final order.
R E A S O N S
5. Prosecution in the instant case has examined two
witnesses, whereas the defence did not examine any witness in support
of his defence. Prosecution examined Immigration Officer as PW No.1
vide Exh08 & Investigating Officer Smt. Jayshri Sangle as PW No.2 vide
Exh13. Heard both sides.
AS TO POINT NO. 1 :
6. PW No.2 is a frmal witness who happens to be an
Investigating Officer and had registered the offence by seizing the
documents and by preparing panchnama which is at Exh14. PW No.1
is an Immigration Officer who testified at Exh1 contending that the
accused was about to board a plane for Bahrain. She was intercepted
and her documents were checked. On checking, work visa of Bahrain
was found, while she was going to Bahrain on Tourist Visa. In fact, she
was going for work to pursue her profession as a nurse without clearing
P.O.E. and that too by using Tourist Visa.
7. On going through the evidence, there is nothing on record
except bald testimony of Immigration Officer. Prosecution failed to
prove Tourist Visa as well as Work Visa nor there is any investigation in
respect to acquiring alleged work visa from the agent as stated in the
remand paper. In fact, the agent Ashish D'souza and Mohammad had
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JUDGMENT 5 C.C.NO.3336/PW/2018
played key role in obtaining the documents on receiving payment of
Rs.40,000/ from the accused. The agent were neither made party nor
they were traced out. Entire investigation is without concrete evidence.
Bald statement of witness is not sufficient to bring home the guilt.
Hence, I point No.1 in the negative.
AS TO POINT NO. 2 :
8. Since the point No. 1 is determined in the negative, I am
of the opinion that, the prosecution has failed to prove its case
beyond reasonable doubt and the accused persons are liable to be
acquitted. Hence, the following order:
O R D E R
1. Accused Alvina Joseph Lobo, age : 27 years, r/at : S.R. No.311,
Sasane Nagar, Hadapsar, Pune is hereby acquitted vide Section
248(1) of Cr.P.C. for the offence punishable under Sections 420
r/w 34 of I.P.C.
2. The earlier P.R. bond of accused stands cancelled.
3. The accused to furnish P.R. of Rs.10,000/ in compliance to section
437(A) of Cr.P.C.
(Judgment dictated on dais and pronounced in open court).
Date.: 04.10.2023
(J. W. Gaikwad)
Addl. Chief Metropolitan Magistrate
22nd Court, Andheri, Mumbai
csj
Typed on : 06.10.2023
Signed on : 06.10.2023
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