Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
36th COURT MUMBAI CENTRAL RAILWAY, MUMBAI.
MHMM260008442025 C. C. NO. :- 39/SW/2025.
C. R. No. 3599/2024 of
Churchgate Railway Protection
Force, Mumbai.
Exh. :- _____
The Union of India,
Through
Churchgate Railway Protection Force, Mumbai.
(C. R. No. 3599/2024). …. Complainant.
V/s.
Pramod Kumar s/o Mohanlal Yadav
Age :- 22 Years., Occupation :- Nil.
R/o. :- Room No. 12, Mumbai Central, Mumbai. …. Accused.
Charge :- Punishable under section 143(1)(a) of the Railways Act,
1989.
JUDGMENT
(Delivered on 14th day of August 2025)
Today, the accused is present before the Court with his Ld.
Advocate Shri. B. N. Tiwari. The accused voluntarily pleaded guilty vide
Exh. 07. The accused is facing trial for the offence punishable under
section 143(1)(a) of the Railway Act, 1989. Accordingly, the charge is
framed against the accused for the offence punishable under section
143(1)(a) of the Railway Act, 1989. The contents of charge were read over
and explained to the accused in his vernacular. The accused voluntarily
pleaded guilty. I therefore, hold the accused guilty for the offence
punishable under section 143(1)(a) of the Railway Act, 1989 and proceed
to hear him on the point of sentence.
2. I have heard the Ld. Advocate Shri. B. N. Tiwari for the
accused. He has submitted that accused has not been previously convicted.
He further submitted that the accused will not commit such type of
offence in future. The accused is the only earning member of his family
and therefore he prays for leniency. I have also heard the Ld. Sr. P. P.. He
submitted that maximum fine sentence may be imposed.
3. The accused is a poor person. So also, the accused is a first
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time offender and there are no criminal antecedents against him.
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. In result thereof, I pass the following
order :-
ORDER
(01) The accused namely Pramod Kumar s/o Mohanlal Yadav
is hereby convicted for the offence punishable under
section 143(1)(a) of the Railways Act, 1989 vide section
269 (3) of the BNSS, 2023 and he is sentenced to pay
fine of Rs. 10,000/- (Ten Thousand) in default of
payment of fine the accused is sentenced to suffer
Simple Imprisonment for 15 (Fifteen) days.
(02) The accused to surrender his bail bonds.
(03) The seized 10 nos. Live E-tickets, 12 nos. used E-tickets,
01 no. A4 size user ID written paper, 01 no. IRCTC
Certificate and 01 no. IT/CELL/BCT suspected data
sheet be destroyed, as per rules, after the appeal period
is over.
(04) The amount of seized live E-Tickets be forfeited to the
Western Railway.
(05) The seized Techno Company mobile handset has already
been temporarily returned to the accused on executing
his indemnity bond. The said indemnity bond shall
stand cancelled after appeal period is over and the
accused to retain the said mobile handset absolutely.
(06) Copy of judgment be given to the accused free of cost.
Date :- 14.08.2025.
Alam.
sd/-
(Tushar B. Waje)
Judicial Magistrate (First Class),
36th Court, Mumbai Central Railway, Mumbai.
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