Final Order 1

Order Details: Copy  of Judgment
Pdf Text: Case No.: 374/PW/2018
1
IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT, MUMBAI CENTRAL, MUMBAI.
Case No.: 374/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
29.05.2018 in between 21.00 hours to 21.10 hours the informant
Mr. Dharmesh Naranbhai Solanki was travelling in Churchgate
slow local train. At that time his mobile handset, Lenovo made,
model No. K2 Note was stolen by the accused. Therefore, he
filed report with Police Station Churchgate (Railway). On the
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basis of his report and offence punishable under section 379 of
the Indian Penal Code was registered against the unknown
culprit vide Crime No. 204/2018. 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,
Lenovo made, model No. K3 Note 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,
Lenovo made, model No. K3
Note of the informant
Mr.Dharmesh Naranbhai Solanki
without his consent moved the
same in order to such taking? .... Yes.
02) What order? .... The accused is
convicted.
AS TO POINT NO. 01 :
5] The accused pleaded guilty. Therefore, the
prosecution has proved that the accused has intending to take
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dishonestly mobile handset, Lenovo made, model No. K3 Note of
the informant Mr. Dharmesh Naranbhai Solanki 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
submits 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, Lenovo made, model No.
K3 Note. 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, Lenovo made, model No.
K3 Note already given to the informant Mr. Dharmesh
Naranbhai Solanki 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 :
O R D E R
(1) The accused Muktiyar Singh Komal Singh,
R/o.: TJunction, Pila Bunglow, 90 Feet Road,
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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
02.06.2018 till date.
(3) The sentences passed in C. C. No.
373/PW/2018 and 372/PW/2018 of Churchgate
Railway Police Station shall run concurrently.
(4) The seized mobile handset, Lenovo made,
model No. K3 Note shall be retained by the
informant Mr. Dharmesh Naranbhai Solanki, R/o.:
Street No. 3, Shihori Kripa Milfra, Beside Khadi
Kathe, Porbander, Taluka Porbander, District
Porbander 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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