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. :- 55/SW/2026.
CNR NO. :- MHMM26-001312-2026 Exh. :-
The Union of India,
Through Railway Protection Force,
Malad R.P. F., Mumbai.
(C. R. No. 02/2026). …. Complainant.
V/s.
1. Sadikul Islam Hasan Ali
Age :- 30 Years, Occupation :- Nil.
R/o. :- Andheri (E), Mumbai. …. Accused.
Charge :- Punishable under section 3 (a) of the Railway Property
(Unlawful Possession) Act, 1966.
JUDGMENT
(Delivered on 10th day of July 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
recovered and seized. The accused is a first time offender and there are
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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 Sadikul Islam Hasan Ali is convicted
for the offence punishable under section 3 (a) of the
Railway Property (Unlawful Possession) Act vide
section 269 (3) of the BNSS, 2023 and he is sentenced
to suffer Rigorous Imprisonment for 06 (Six) months
and to pay fine of Rs. 3,000/- (Rupees Three 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 BNSS.
03) The accused has also been convicted in C.C. No.
50/SW/2026, C.C. No. 53/SW/2026, C.C. No.
56/SW/2026, C.C. No. 60/SW/2026, C.C. No.
61/SW/2026, C.C. No. 62/SW/2026, C.C. No.
64/SW/2026 and C.C. No. 65/SW/2026. The
substantive sentence of imprisonment imposed on the
accused in the present case and in C.C. No.
50/SW/2026, C.C. No. 53/SW/2026, C.C. No.
56/SW/2026, C.C. No. 60/SW/2026, C.C. No.
61/SW/2026, C.C. No. 62/SW/2026, C.C. No.
64/SW/2026 and C.C. No. 65/SW/2026 shall run
concurrently vide section 467(1) of the BNSS.
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04) Case to proceed against other accused.
05) Copy of judgment be given to the accused free of cost.
Date : 10.07.2026.
Alam
sd/-
(Tushar B. Waje)
Judicial Magistrate (First Class),
36th Court, Mumbai Central Railway, Mumbai.
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