Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. 38/SW/2022. Exh. :
The Union of India,
Through Railway Protection Force,
R.P.F. Bandra Local, Mumbai.
(C. R. No.02/2022). …. Complainant.
V/s.
1. Abdul Kalam Shaikh.
Age : 27 Years., Occupation : Scrap Collector.
R/o. : Bandra (E), Mumbai. …. Accused.
Charge : Punishable under section 3 of the Railway Property
(Unlawful Possession) Act, 1966.
JUDGMENT
(Delivered on 04th day of April, 2022)
Today the accused No.1 is produced before the Court
through video conferencing. The accused voluntarily pleads guilty. I
therefore, hold accused guilty for the offence punishable under section
3 of the Railway Property (Unlawful Possession) Act, 1966 and proceed
to hear him on the point of sentence.
2. I have heard the accused on the point of sentence.
3. The accused submits that he is poor person and the only
income source of his family and requests to take lenient view, while
imposing sentence upon him.
4. Accused is a poor person, the value of the muddemal
property involved in the crime is just `3,000/ (Three Thousand) and
therefore lenient view needs to be taken while imposing sentence upon
the accused. In the circumstances above the following sentence would
be sufficient to meet the ends of justice. Hence, order.
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ORDER
(01) The accused No.1. Abdul Kalam Shaikh is convicted for
the offence punishable under section 3 of the Railway
Property (Unlawful Possession) Act, 1966 vide section
246 (3) of the Code of Criminal Procedure and he is
sentenced to suffer Rigorous Imprisonment for 06 (Six)
Months and to pay fine of `5,000/ (Five Thousand) in
default of payment of fine the accused shall suffer
Simple Imprisonment for 01 (One) Month.
(02) The period of detention, if any undergone by the
accused during investigation / inquiry or trial of the
case, be set off from the term of imprisonment imposed
on him vide section 428 of the Code of Criminal
Procedure.
(03) Case to proceed against other accused No.2. Sadakat
Kamrul Islam.
(04) Copy of judgment be given to accused free of cost.
Date : 04/04/2022.
SRD.
Sd/
(J. C. Dhengale)
Metropolitan Magistrate
36th Court, Mumbai Central,
Mumbai.
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