Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. 77/SW/2004. Exh. :- 06
The Union of India,
Through Railway Protection Force,
R.P.F. Churchgate(W), Mumbai.
(Churchgate/C. R. No.1557/2004). ….Complainant.
V/s.
Vikas Kaluchand Solanki
Age :- 40 Years., Occupation :- Nil.
R/o. :- Bhayander, Thane - 401101 ….Accused.
Charge :- Punishable under section 143 of the Railways Act, 1989.
JUDGMENT
(Delivered on 21st day of November, 2024)
The accused is present before the Court along with his Ld.
Counsel Shri. B.N. Tiwari. The accused voluntarily pleads guilty vide
application Exh.04. I therefore, hold accused guilty for the offence
punishable under section 143 of the Railway Act, 1989 and proceed to
hear him on the point of sentence.
2. I have heard the Ld. Counsel Shri. B.N. Tiwari for the
accused. He has submitted that, accused is not previously convicted. He
has further submitted that, accused will not commit such type of offence
in future. 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
has submitted that, maximum fine sentence 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 following order :-
-- 1 of 2 --
ORDER
(01) The accused viz. Vikas Kaluchand Solanki is hereby
convicted for the offence punishable under section
143 of the Railways Act, 1989 vide section 246 (3) of
the Code of Criminal Procedure and he is sentenced
to Pay fine of Rs.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 Rs.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. Railway Reservation Live E-tickets
and 9 nos. Railway Reservation used E-Tickets, one
A4 Size paper having six personal ID’s be destroyed as
per rules, after the appeal period is over.
(05) The seized cash amount of Rs.520/- (Five hundred
Twenty) be credited to government account, as per
rules.
(06) The seized Redmi company mobile phone has already
been given authorized person. Interim custody of it
shall made absolute and indemnity bond shall stands
cancelled after appeal period is over.
(07) Copy of judgment be given to the accused free of cost.
Date :- 21/11/2024.
ASS.
sd/-
(B. K. Gawande)
Metropolitan Magistrate,
36th Court, Mumbai Central, Mumbai.
-- 2 of 2 --