Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 3456 / PW / 2018.
C/S filed on : 26.12.2018.
Decided on : 06.03.2021.
Duration : 2 Y, 2 M & 8 D
Exh. 6
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. 3456 / PW / 2018.
(b) The date of the commission
of the offence.
: During the period from 20.20
hours of 25.08.2018 till 09.30
hours of 26.08.2018.
(c) The name of the Informant. : The State (Juhu Police Station
in C. R. No. 395/2018)
(d) The name of the accused
person and his parentage
and residence;
: Sameer Mirsa Shaikh,
Age : 22 years, Occ : Nil,
Res : Andheri(W), Mumbai.
(e) The offence complained of : Under sections 379 and 427
of the Indian Penal Code.
(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 : 06.03.2021.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Mrs. Geeta Godambe.
Advocate for the accused : Shri Nasir Patel.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused is facing trial for the offences punishable under
sections 379 and 427 of the Indian Penal Code.
-- 1 of 3 --
- 2 - C. C. No. 3456 / PW / 2018.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The prosecution has filed a report at
Exh.4 mentioning therein that informant of this case is
untraceable. According the prosecution has examined its
Investigating Officer in the form of available witness. The evidence
of PW1 Suryamohan Narayanrao Bolamwad at Exh.5 came to be
recorded. As no incriminating evidence has come on record against
the accused, hence, his statement under section 313 of the Code of
Criminal Procedure is dispensed with. I have heard Mrs. Geeta
Godambe, the Ld. In-charge APP for the State and Shri Nasir Patel
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
Suryamohan Narayanrao Bolamwad is the Investigating Officer of
this case. He has formally adduced his part of investigation.
Noticeably, it is the case of theft of car tape from the parked
motorcar came to be seized during the entire investigation.
Though one cartape is shown to be seized in this crime, however,
there is no evidence to show that it is the stolen one. Furthermore,
the prosecution has not examined its informant and panch witness
and thus not proved the seizure of stolen property in legal sense.
There is only evidence of Investigating Officer which appears to be
insufficient to prove the chain of theft. Thus, there is no legal and
substantial evidence to prove the guilt of accused beyond all
reasonable doubt. Hence, I am satisfied to extend benefit of doubt
to accused. Thus, accused is acquitted through following order -
-- 2 of 3 --
- 3 - C. C. No. 3456 / PW / 2018.
O R D E R
i Accused Sameer Mirsa Shaikh is acquitted
of the offences punishable under sections 379 and
427 of the Indian Penal Code vide Sec.248 (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.
iv Muddemal Property i. e. one cartape if not,
be returned to the informant on proper
identification and verification after appeal period
is over.
Sd/-
Dt. 06.03.2021. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 06.03.2021.
Transcribed on : 06.03.2021.
Signed on : 06.03.2021.
-- 3 of 3 --