Final Order 1

Order Details: Copy  of Judgment
Pdf Text: Case No.:- 386/PW/2018
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IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT, MUMBAI CENTRAL, MUMBAI.
Case No.: 386/PW/2018
Exh. 4
The State of Maharashtra,
through Police Station Officer,
Mumbai Central Railway Police Station,
Mumbai, …. PROSECUTION
VERSUS
Iqbal Ibrahim Shaikh, Age 30 years,
R/o.: Shasri Nagar, Slator House Compound,
Maharashtra Nagar, Bandra (W), Mumbai.
.... 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 20th 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
29.03.2018 in between 11.33 to 11.47 hours the informant
Mr. Sachin Govind Patil was travelling in up Churchgate slow
local train. At that time his wallet containing amount of
Rs.2300/- (Two Thousand Three Hundred), Aadhar Card, PAN
Card, Election Card, Driving License and other documents were
stolen. 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
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registered against the unknown culprit vide Crime No.
694/2018. The investigating officer Mr. K. M. Rajebhosle, Police
Hawaldar, Police Station Mumbai Central (railway) investigated
into the matter. He recorded statement of the witnesses as per
their says, further, he seized amount of Rs.600/- (Six Hundred)
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 wallet
containing amount of Rs.2300/-
(Two Thousand Three
Hundred), Aadhar Card, PAN
Card, Election Card, Driving
License and other documents of
the informant Mr. Sachin
Govind Patil 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 the accused
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intending to take dishonestly a wallet containing amount of
Rs.2300/- (Two Thousand Three Hundred), Aadhar Card, PAN
Card, Election Card, Driving License and other documents of the
informant Mr. Sachin Govind Patil 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, one small girl, no one look after her and 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 wallet containing amount of Rs.2300/-
(Two Thousand Three Hundred), Aadhar Card, PAN Card,
Election Card, Driving License 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.
8] During the course of investigation amount of
Rs.600/- (Six Hundred) was seized. Considering fact of the case,
in my view, the seized amount will have to be handed over to the
informant, after appeal period is over. Hence, in these
circumstances, in answer to point No. 02, I pass the order :
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O R D E R
(01) The accused Iqbal Ibrahim Shaikh, resident of Shasri
Nagar, Slator House Compound, Maharashtra Nagar, Bandra
(W), Mumbai, 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 16.05.2018 till date.
(03) The seized amount of Rs.600/- (Six Hundred) be
handed over to the informant Mr. Sachin Govind Patil, R/o.:
Room No. 45, Omkar Galli, Gajanan Park, Khar, Mumbai.
Sd/-
(S. R. Narwade)
Metropolitan Magistrate
Date : 20.06.2018 36th Court, Mumbai Central,
Mumbai.
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