Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. 359/PW/2019. Exh. : 06
The State of Maharashtra,
Through Police Station Officer,
Railway Police Station, Mumbai Central, Mumbai.
(C. R. No. 524/2019). …. Complainant.
V/s.
1 Sanjay Gopi Kharwa.
Age : 20 Years., Occupation : Nil.
R/o. : Dahisar (W), Mumbai. ….......... Accused.
JUDGMENT
(Delivered on 06th day of July, 2019)
Today accused is produced before the Jail Court. The
charge is already framed, on 24/06/2019, at (Exh. 02) against him to
which he pleaded not guilty. But now the accused voluntarily pleaded
guilty vide his statement, at (Exh.05). The accused is given
understanding that, he is not bound to plead guilty and if he pleads
guilty he will be sentenced to punishment, as per law. The charge of
the offence punishable under section 379 of the Indian Penal Code was
read over and explained to accused in vernacular to which he pleaded
guilty voluntarily. He has further submitted that he feels repentance for
the act committed by him and he is poor person. He is only earning
member in his family. On the above grounds prayed for leniency.
2) Perused the case papers. It appears that, from 13/05/2019
accused was in judicial custody. Heard the accused in person.
Considering submissions of the accused, in my view, lenient view is to
be taken, while imposing sentence. Hence, I pass the order :
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ORDER
(01) The accused viz. Sanjay Gopi Kharwa, is
convicted for the offence punishable
under section 379 of the Indian Penal
Code vide section 241 of the Code of
Criminal Procedure and he is sentenced
to suffer Rigorous Imprisonment for 03
(Three) Months.
(02) Set off under section 428 of the Code of
Criminal Procedure be given to the
accused in sentence from 13/05/2019
till date.
(03) The seized gold chain (Weight 12.480
Grams) be kept with police.
(04) Case against other accused No. 2 to
proceed further.
Date : 06/07/2019.
SRD.
Sd/
(G. P. Bawaskar)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
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