Final Order 1

Order Details: Copy  of Judgment
Pdf Text: Case No.:- 380/PW/2018
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IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT, MUMBAI CENTRAL, MUMBAI.
Case No.: 380/PW/2018
Exh. 4
The State of Maharashtra,
through Police Station Officer,
Mumbai Central Railway Police Station,
Mumbai, …. PROSECUTION
VERSUS
Samrat Abdul Kalam Azad Khan,
Age 32 years, R/o.: Pole No. 15, Adarsh
Nagar, Palkhadpada, Achole Dongri,
Nallasopara, District Palghar
.... ACCUSED
OFFENCE PUNISHABLE UNDER SECTION 379 OF
INDIAN PENAL CODE.
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Mrs. S. P. Shetty for the prosecution.
The accused in person.
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JUDGMENT
(Delivered on 22nd day of June, 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
27.03.2018 in between 00.30 to 5.30 hours the informant Mr.
Tushar Shivram Lad was sleeping at Dadar western railway
station platform No. 3 inside bridge. At that time his Sack bag
containing Binding Book, Mobile Charger, Headphone, mobile
handset, Oppo made, wallet, Axix Bank Card, Debit and Credit
Card of HDFC Bank, ATM Card of Bank of India and other
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Case No.:- 380/PW/2018
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documents was stolen by the accused. Therefore, he filed report
with police station Mumbai Central (railway). On the basis of his
report and offence punishable under section 379 of the Indian
Penal Code was registered against the unknown culprit vide
Crime No. 676/2018. The investigating officer Mr. M. N. Bhagat,
Police Naik, Police Station Mumbai Central (Railway)
investigated into the matter. He recorded statement of the
witnesses as per their says, further, he seized mobile handset,
Oppo made 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 through Video Conference. 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 a Sack bag containing
Binding Book, Mobile Charger,
Headphone, mobile handset, Oppo
made, wallet, Axix Bank Card,
Debit and Credit Card of HDFC
Bank, ATM Card of Bank of India
and other documents of the
informant Mr. Tushar Shivram Lad
without his consent moved the
same in order to such taking? .... Yes.
02) What order? .... The accused is
convicted.
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AS TO POINT NO. 01 :
5] The accused pleaded guilty. Therefore, the
prosecution has proved that the accused intending to take
dishonestly a Sack bag containing Binding Book, Mobile
Charger, Headphone, mobile handset, Oppo made, wallet, Axix
Bank Card, Debit and Credit Card of HDFC Bank, ATM Card of
Bank of India and other documents of the informant Mr. Tushar
Shivram Lad 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, his father was expired, marriage of sister in next
month, 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 Sack bag containing Binding Book,
Mobile Charger, Headphone, mobile handset, Oppo made,
wallet, Axix Bank Card, Debit and Credit Card of HDFC Bank,
ATM Card of Bank of India and other documents. Therefore, in
my view, it would not just and proper to punish the accused,
severely. Though the accused did not submit anything in respect
of quantum of sentence, in my view, considering facts of the case
lenient view will have to be taken while imposing sentence. The
seized mobile handset, Oppo made already given to the
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informant Mr. Tushar Shivram Lad 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. 02, I pass the order :
O R D E R
(01) The accused Samrat Abdul Kalam Azad Khan,
resident of Pole No. 15, Adarsh Nagar, Palkhadpada, Achole
Dongri, Nallasopara, District Palghar, is convicted for the offence
punishable under section 379 of Indian Penal Code and he is
sentenced to suffer rigorous imprisonment for 03 (Three)
Months vide section 241 of the Code of Criminal Procedure,
1973.
(02) Set off be given to the accused under section 428 of
the Code of Criminal Procedure from 25.05.2018 till date.
(03) The seized mobile handset, Oppo made shall be
retained by the informant Mr. Tushar Shivram Lad, R/o. Room
No. 106, Maratha Building, S. B. Pawar Marg, Lower Parel,
Mumbai and his indemnity bond will be cancelled, after appeal
period is over.
Sd/-
(S. R. Narwade)
Metropolitan Magistrate
Date : 22.06.2018 36th Court, Mumbai Central,
Mumbai.
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