Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. 121/SW/2022. Exh. :
The Union of India,
Through Railway Protection Force,
Churchgate, Mumbai.
(C. R. No. 1208/2022). …. Complainant.
V/s.
1 Prabhu Hira Rathod
Age : 35 Years., Occupation : Nil.
R/o. : Colaba, Mumbai …. Accused.
Charge : Punishable under section 143 (a) of the Railways Act, 1989.
JUDGMENT
(Delivered on 20th day of July, 2023)
The accused is present before the Court with his Ld.
Counsel Shri. Shetty. The accused voluntarily pleads guilty vide
application Exh.02. I therefore, hold accused guilty for the offence
punishable under section 143 (a) of the Railway Act, 1989 and proceed
to hear him on the point of sentence.
2. I have heard the accused in person. He has submitted that,
he will not commit such type of offence in future. He is the only earning
member of his family and therefore he prays for leniency. I have also
heard the Ld. Sr. P.P.. He has submitted that, maximum fine may be
imposed.
3. I have gone through the submissions, made by the defence
counsel and also made by the prosecution. Considering the nature of
offence, I am of a view that, accused is not entitled for the benefit of
probation. In such circumstance, I am of a view that, the following
sentence would be sufficient to meet the ends of justice. Hence, I pass
the order :
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ORDER
(01) The accused viz. Prabhu Hira Rathod is hereby
convicted for the offence punishable under section
143 (a) of the Railways Act, 1989 vide section 246 (3)
of the Code of Criminal Procedure and he is sentenced
to Pay fine of `10,000/ (Ten Thousand ) in default
of payment of fine accused is sentenced to suffer
Simple Imprisonment for 01 (One) Month.
(02) Out of the fine amount, an amount of `4,000/ (Four
Thousand) be given to western railway, as a
compensation vide section 357 (1) of Criminal
Procedure Code.
(03) The accused to surrender his bail bonds.
(04) The seized 02 nos. Live Etickets, 18 nos. Used E
tickets, 04 nos. Cancelled ETickets, 01 EDongle, A4
size paper having 03 personal User ID and I.R.C.T.C.
Certificate no. 02590 be destroyed, as per rules, after
the appeal period is over.
(05) The seized 01 cellcor mobile Phone if in working
condition be auctioned and proceeds of sale be
credited to Western Railway's account, as per rules. If
this article is not in working condition it be disposed
of as per the rules after the appeal period is over.
(06) The seized cash amount of 520/ (Five hundred
Twenty) be credited to government account, as per
rules.
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(07) The seized ticket amount be confiscated to the
Western Railway if any.
(08) Copy of judgment be given to the accused free of cost.
Date : 20/07/2023.
ASS.
Sd/
(B. K. Gawande)
Metropolitan Magistrate,
36th Court, Mumbai Central, Mumbai.
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