Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
36th COURT MUMBAI CENTRAL RAILWAY, MUMBAI.
C. C. NO. 38/SW/2026. Exh. :-
The Union of India,
Through Railway Protection Force,
Bandra Terminus, Mumbai.
(C. R. No. 05/2026). …. Complainant.
V/s.
Arif s/o Aslam Shaikh
Age :- 28 Years., Occupation :- Labourer.
R/o. :- Santacruz (E), Mumbai. …. Accused.
Charge :- Punishable under section 3 (a) of the Railway Property
(Unlawful Possession) Act, 1966.
JUDGMENT
(Delivered on 28th day of May, 2026)
The accused is in jail, as an under trial prisoner. Today, the
accused is produced before the Court through video conference. The
accused is facing trial for the offence punishable under section 3 (a) of
the Railway Property (Unlawful Possession) Act, 1966. The accused
submitted that he wants to plead guilty. Accordingly, the charge is
framed against the accused for the offence punishable under section 3
(a) of the Railway Property (Unlawful Possession) Act, 1966. The
contents of charge were read over and explained to the accused in his
vernacular. The accused again voluntarily pleaded guilty. I therefore,
hold the accused guilty for the offence punishable under section 3 (a) of
the Railway Property (Unlawful Possession) Act, 1966 and proceed to
hear him on the point of sentence.
2. I have heard the accused on the point of sentence. He
submitted that he is from poor family. He is the sole bread earner of his
family. Accordingly, the accused requested to take lenient view, while
imposing sentence.
3. The accused is a poor person. So also, the railway property
in respect of which the offence had been committed, has already been
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recovered and seized. The accused is a first time offender and there are
no criminal antecedents against him, so lenient view needs to be taken
while imposing sentence upon the accused. In the circumstances above
the following sentence would be sufficient to meet the ends of justice.
In result thereof, I pass the following order :-
ORDER
(01) Accused namely no.1 Arif s/o Aslam Shaikh is
convicted for the offence punishable under section 3
(a) of the Railway Property (Unlawful Possession) Act
vide section 269 (3) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 and he is sentenced to suffer Rigorous
Imprisonment for 03 (Three) months and to pay fine of
Rs.5,000/- (Rupees Five Thousand only), in default of
payment of fine the accused is sentenced to suffer
Simple Imprisonment for 15 (Fifteen) days.
(02) The period of detention, if any undergone by the
accused during course investigation, inquiry or trial of
the case, be set off against the term of imprisonment
imposed on him vide section 468 of the Bharatiya
Nagarik Suraksha Sanhita.
(03) Copy of judgment be given to the accused free of cost.
(04) Case to proceed against accused no.2.
Date : 28.05.2026.
(Tushar B. Waje)
Judicial Magistrate (First Class),
36th Court, Mumbai Central Railway, Mumbai.
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