Final Order 1

Order Details: Copy  of Judgment
Pdf Text: Case No.:- 388/PW/2018
1
IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT, MUMBAI CENTRAL, MUMBAI.
Case No.: 388/PW/2018
Exh. 7
The State of Maharashtra,
through Police Station Officer,
Mumbai Central Railway Police Station,
Mumbai, …. PROSECUTION
VERSUS
Danny Miachal Parera,
Age 21 years, R/o.: Room No. 19, L. C. Chawl
No. 20, Kamani, Sunder Bag, Kurla (W),
Mumbai.
.... ACCUSED
OFFENCE PUNISHABLE UNDER SECTION 379 OF
INDIAN PENAL CODE.
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Mrs. S. P. Shetty, APP for the Prosecution.
The accused in person.
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JUDGMENT
(Delivered on 10th 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
06.05.2017 in between 14.00 to 14.20 hours the informant
Mr.Ahajaj Ahmad was travelling in up Churchgate slow local
train. At that time his one wallet containing cash amount of
Rs.1600/- (One Thousand Six Hundred), Aadhar Card, and
Identity Card of Colleage and other necessary documents was
stolen by the accused. Therefore, he filed report with police
station Mumbai Central (Railway). On the basis of his report
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and offence punishable under section 379 of the Indian Penal
Code was registered against the unknown culprit vide Crime No.
971/2018. The investigating officer Mr. Sachin Lokhande, API,
Police Station Mumbai Central (Railway) investigated into the
matter. He recorded statements of the witnesses as per their
says. Further, he seized cash amount of Rs.500/- (Five
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. 5. 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 proved
that the accused intending to
take dishonestly one wallet
containing cash amount of
Rs.1600/- (One Thousand Six
Hundred), Aadhar Card, and
Identity Card of Colleage and
other necessary documents of
the informant Mr. Ahajaj
Ahmad 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 has intending to take
dishonestly one wallet containing cash amount of Rs.1600/-
(One Thousand Six Hundred), Aadhar Card, and Identity Card
of Colleage and other necessary documents of the informant Mr.
Ahajaj Ahmad 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 and orphan person. He further submit that this is his
first offence. Therefore, he prayed for leniency.
7] The record goes to shows that the accused has
committed the theft of one wallet containing cash amount of
Rs.1600/- (One Thousand Six Hundred), Aadhar Card, and
Identity Card of Colleage and other necessary 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 cash amount of
Rs.500/- (Five Hundred) was seized. Considering fact of the
case, in my view, the seized cash amount will have to be handed
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over to the informant Mr. Ahajaj Ahmad, 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 Danny Miachal Parera, R/o.: Room No.
19, L. C. Chawl No. 20, Kamani, Sunder Bag, Kurla (W), Mumbai
is convicted for the offence punishable under section 379 of
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.
(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 cash amount of Rs.500/- (Five Hundred)
be handed over to the informant Mr. Ahajaj Ahmad, R/o.: Ward
No. 5, Mev Mohalla, Post Malhaka, Taluka Pahadi, District
Bharapur, State Rajasthan, after appeal period is over.
Sd/-
(S. R. Narwade)
Metropolitan Magistrate
Date : 10.07.2018 36th Court, Mumbai Central,
Mumbai.
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