Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. 39/SW/2024. Exh. :-
The Union of India,
Through Railway Protection Force,
Bandra Terminus R.P. F., Mumbai.
(C. R. No. 07/2024). …. Complainant.
V/s.
1. Naim Akhtar S/o Tafjul Hussain
Age :- 24 Years., Occupation :- Labour.
R/o. :- Bandra, Mumbai
2. Anwar Shaikh S/o Gabbu Shaikh
Age :- 38 Years., Occupation :- Labour.
R/o. :- Bandra (W), Mumbai …. Accused.
Charge :- Punishable under section 3 of the Railway Property
(Unlawful Possession) Act, 1966.
JUDGMENT
(Delivered on 16th day of May, 2024)
Today accused are present before the Court through Video
Conference. 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 them on
the point of sentence.
2. I have heard accused on the point of sentence.
3. Accused submits that they are poor person and the only
income source of their families and requests to take lenient view, while
imposing sentence upon them.
4. Accused are a poor person, the muddemal property
involved in the crime is meager and therefore lenient view needs to be
taken while imposing sentence upon accused. In the circumstances
above the following sentence would be sufficient to meet the ends of
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justice. Hence, order :-
ORDER
(01) Accused No. 01 Naim Akhtar S/o Tafjul Hussain and
accused no. 02 Anwar Shaikh S/o Gabbu Shaikh, are
convicted for the offence punishable under section 3 of
the Railway Property (Unlawful Possession) Act vide
section 246 (3) of the Code of Criminal Procedure and
they are sentenced to suffer simple imprisonment for a
period which they have already undergone and to pay
fine of Rs. 3,000/- (Three Thousand)each in default of
payment of fine accused shall suffer Simple
Imprisonment for 07 (Seven) days each.
(02) The seized muddemal property be returned to the
authorized person of concern department of Western
Railway, after appeal period is over.
(03) Copy of judgment be given to accused free of cost.
Date :- 16/05/2024.
ASS.
sd/-
(B. K. Gawande)
Metropolitan Magistrate
36th Court, Mumbai Central, Mumbai.
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