Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. 306/PW/2023. Exh. :
The State of Maharashtra,
Through Police Station Officer,
Bandra Railway Police Station, Mumbai.
(C. R. No. 237/2023). .… Complainant.
V/s.
1) Hujefa Mohd. Sayeed Khan
Age :21 Years., Occupation : Nil
R/o. : Khar East , Mumbai .
2) Ritesh Supdu Tayde
Age :23 Years., Occupation : Nil
R/o. : Khar East , Mumbai . .… Accused.
Charge : Punishable under section 379,34 of Indian Penal Code.,
JUDGMENT
(Delivered on 08th day of June, 2023)
Today Both accused are present before the Court through
Video Conference. Both accused voluntarily pleads guilty. I therefore,
hold both accused guilty for the offence punishable under section
379,34 of Indian Penal Code and proceed to hear them on the point of
sentence.
2. I have heard both accused on the point of sentence.
3. The accused submits that they are poor persons and the only
income source of their family and requests to take lenient view, while
imposing sentence upon them.
4. Considering the nature of offence and the grounds put
forth by the accused I am of the view that the following sentence would
be sufficient to meet the ends of justice. Hence, I pass the order :
ORDER
(01) Accused no. 1 Hujefa Mohd. Sayeed Khan and accused
no. 2 Ritesh Supdu Tayde are convicted vide section
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241 of the Criminal Procedure Code for the offence
punishable under section 379,34 of the Indian Penal
Code and they are sentenced to suffer Rigorous
Imprisonment for 3(Three) months each and to Pay
fine of Rs. 5,000/ (Five Thousand) each in default of
payment of fine accused shall sentenced to suffer
Simple Imprisonment for 01 (One) Month each
(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.
(3) The seized muddemal property is already returned to
the authorized person i.e. informant. Indemnity bond
executed by informant stands cancelled after appeal
period is over.
(04) Copy of judgment be given to accused free of cost.
Date : 08/06/2023..
Sd/
(B. K. Gawande)
Metropolitan Magistrate,
36th Court, Mumbai Central, Mumbai.
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