Interim Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. 107/SW/2021. Exh. :
The Union of India,
Through Railway Protection Force,
R.P.F. Bandra Terminus, Mumbai.
(C. R. No.9/2021). …. Complainant.
V/s.
1. Ahmed Ali Akbar Ali.
Age : 22 Years., Occupation : AC Mechanic.
R/o. : Kurla (W) , Mumbai. …. Accused.
Charge : Punishable under section 3 of the Railway Property
(Unlawful Possession) Act, 1966.
JUDGMENT
(Delivered on 27th day of May, 2022)
Today the accused No.1. Ahmed Ali Akbar Ali is produced
before the Jail Court. 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. 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.
3. Accused is a poor person, the muddemal property involved
in the crime is meager 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. Ahmed Ali Akbar Ali, is
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 he is sentenced to suffer Rigorous
Imprisonment for 01 (One) Year and to pay fine of
`5,000/ (Five Thousand) in default of payment of
fine accused is sentenced to 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) Sentence passed in C. C. No. 117/SW/2019,
98/SW/2021, 107/SW/2021 and 121/SW/2021 to
run concurrently.
(04) Case to proceed against accused No.2. Moiddin
Mehboob Sayyed.
(05) Copy of judgment be given to accused free of cost.
Date : 27/05/2022.
SRD.
Sd/
(J. C. Dhengale)
Metropolitan Magistrate, 36th Court,
Mumbai Central, Mumbai.
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