Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. 102/SW/2023. Exh. :
The Union of India,
Through Railway Protection Force,
Bandra Terminus R.P.F., Mumbai.
(C. R. No. 960/2023). …. Complainant.
V/s.
1 Vijay Shankar Pawar
Age : 26 Years., Occupation : AC Mechanic .
R/o. : Kherwadi, Mumbai …. Accused.
Charge : Punishable under section 143 (a) of the Railways Act, 1989.
JUDGMENT
(Delivered on 02nd day of February, 2024)
The accused is present before the Court with his Ld.
Counsel Shri. Anil Chauhan. The accused voluntarily pleads guilty vide
application Exh. 11. 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 Ld. Counsel Adv. Shri. Anil Chauhan for
the accused. He has submitted that, accused no. 02 has pleaded guilty
in the above offence and he was released subject to penalty, under that
circumstances and above ground of parity and the accused is an orphan
and working as a AC technician. He is first time offender 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
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sentence would be sufficient to meet the ends of justice. Hence, I pass
the order :
ORDER
(01) Accused no. 01 Vijay Shankar Pawar, 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 `5,000/ (Five 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 `2,000/ (Two
Thousand) be given to western railway, as a
compensation vide section 357 (1) of Criminal
Procedure Code.
(03) The seized 01 no. Live JCRT ticket and 01 Blank
Reservation Paper page be destroyed, as per rules,
after the appeal period is over.
(04) The seized cash amount of ` 530/ (Five hundred and
thirty) be credited to government account, as per
rules.
(05) Copy of judgment be given to the accused free of cost.
Date : 02/02/2024.
ASS.
Sd/
(B. K. Gawande)
Metropolitan Magistrate,
36th Court, Mumbai Central, Mumbai.
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