Final Order 1

Order Details: Copy  of Judgment
Pdf Text: Case No.: 372/PW/2018
1
IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT, MUMBAI CENTRAL, MUMBAI.
Case No.: 372/PW/2018
Exh. 4
The State of Maharashtra,
through Police Station Officer,
Churchgate Railway Police Station,
Mumbai, …. PROSECUTION
VERSUS
Muktiyar Singh Komal Singh
Age 40 years, R/o.: TJunction, Pila
Bunglow, 90 Feet Road, Dharavi
Zopadpatti, Mahim, Mumbai.
.... ACCUSED
OFFENCE PUNISHABLE UNDER SECTION 379 OF THE
INDIAN PENAL CODE.
Mrs. S. P. Shetty for the prosecution.
The accused in person.
JUDGMENT
(Delivered on 20th day of July, 2018)
The accused in the dock is charged with the offence
punishable under section 379 of the Indian Penal Code.
2] Brief is stated the case of prosecution is that on
30.05.2018 in between 3.00 hours to 3.30 hours the informant
Mr. Swapnil Ramesh Polakhare was sleeping at Grant Road
railway station platform No. 1. At that time his mobile handset,
Samsung made, model No. G550FY was stolen by the accused.
The accused caught raid handed by the police. Therefore, he
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Case No.: 372/PW/2018
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filed report with Police Station Churchgate (Railway). On the
basis of his report and offence punishable under section 379 of
the Indian Penal Code was registered against the accused vide
Crime No. 202/2018. The investigating officer Mr. C. B. Godse,
PSI, Police Station Churchgate (Railway) investigated into the
matter. He recorded statements of the witnesses as per their
says. Further, he seized mobile handset, Samsung made, model
No. G550FY from the possession of the accused and prepared
seizure panchanama in presence of panch witnesses and after
completion the investigation he chargesheeted the accused.
3] I framed the charge against the accused for the
offence punishable under section 379 of the Indian Penal Code
vide Exh. 2. The contents of charge were readover and explained
to the accused, in vernacular. The accused pleaded guilty.
4] The points for determination alongwith my findings
thereon :
POINT FINDINGS
01) Whether the prosecution proves
that the accused intending to take
dishonestly mobile handset,
Samsung made, model No. G
550FY of the informant Mr.
Sawpnil Ramesh Polakhare
without his consent moved the
same in order to such taking? .... Yes.
02) What order? .... The accused is
convicted.
AS TO POINT NO. 01 :
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5] The accused pleaded guilty. Therefore, the
prosecution has proved that the accused has intending to take
dishonestly mobile handset, Samsung made, model No. G550FY
of the informant Mr. Sawpnil Ramesh Polakhare without his
consent moved the same in order to such taking. Therefore, I
answer point No. 01 in the affirmative.
AS TO POINT NO. 02 :
6] The prosecution has proved the guilt of the accused.
Therefore, the accused is liable to be convicted. I heard the
accused on the point of quantum of sentence. He submits that he
is poor person, only earning member of his family. He further
submit that this is his first offence. Therefore, he prayed for
leniency. The Learned APP Mrs. S. P. Shetty submits that the
accused has severely punished, as per the law.
7] The record goes to shows that the accused has
committed the theft of mobile handset, Samsung made, model
No. G550FY. Therefore, in my view, it would not just and
proper to punish the accused, severely. Considering the
submission of the accused, lenient view will have to be taken
while imposing sentence. The seized mobile handset, Samsung
made, model No. G550FY already given to the informant
Mr. Swapnil Ramesh Polakhare on indemnity bond. Considering
fact of the case in my view, the informant shall retained seized
article, which is taken by him on indemnity bond and his
indemnity bond will have to be cancelled, after appeal period is
over. Hence, in these circumstances, in answer to point No. 03, I
pass the order :
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O R D E R
(1) The accused Muktiyar Singh Komal Singh,
R/o.: TJunction, Pila Bunglow, 90 Feet Road,
Dharavi Zopadpatti, Mahim, Mumbai is hereby
convicted for the offence punishable under section
379 of the Indian Penal Code and he is sentenced to
suffer rigorous imprisonment for 04 (Four) Months
vide section 241 of the Code of Criminal Procedure,
1973.
(2) Set off be given to the accused under section
428 of the Code of Criminal Procedure from
30.05.2018 till date.
(3) The sentences passed in C. C. No.
372/PW/2018 and 373/PW/2018 of Churchgate
Railway Police Station shall run concurrently.
(4) The seized mobile handset, Samsung made,
model No. G550FY shall be retained by the
informant Mr. Swapnil Ramesh Polakhare, R/o.:
Kulam Khed, Taluka Malkapur, District Buldhana
and his indemnity bond will be cancelled, after
appeal period is over.
Date : 20.07.2018
Sd/
(S. R. Narwade)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
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