Final 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. :- 64/SW/2025. Exh. :-
The Union of India,
Through Railway Protection Force,
Bandra Terminus R.P. F., Mumbai.
(C. R. No. 09/2025). …. Complainant.
V/s.
Mehtab s/o Shehnullah Shaikh
Age :- 23 Years, Occupation :- labourer
R/o. :- Bandra (W), Mumbai. …. Accused.
Charge :- Punishable under section 3 (b) of the Railway Property
(Unlawful Possession) Act, 1966.
JUDGMENT
(Delivered on 30th day of September 2025)
The accused is in jail, as an under trial prisoner. Today, the
accused is produced before the Jail Court. The accused is facing trial for
the offence punishable under section 3 (b) 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 (b) 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. Therefore, I hold the accused guilty for the
offence punishable under section 3 (b) 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 has previously been convicted in C.C. No.
102/SW/2022 for the offence punishable u/s 3 (a) of the Railway
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Property (Unlawful Possession) Act, 1966. Hence, the present
conviction is the subsequent conviction of the accused. But, the value of
Railway property recovered from the accused is of Rs. 31,000/-. Hence,
having regard to the fact of previous conviction in the light of amount
of the property recovered from the accused, I am of the view that the
following sentence would be sufficient to meet the ends of justice. In
result thereof, I pass the following order :-
ORDER
(01) Accused namely Mehtab s/o Shehnullah Shaikh is
convicted for the offence punishable under section 3
(b) 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 06 (Six) 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) The accused has also been convicted in C.C. No.
63/SW/2025. The substantive sentence of imprisonment
imposed on the accused in the present case and in C.C.
No. 63/SW/2025 shall run concurrently vide section
467(1) of the B. N. S. S..
(04) The seized muddemal property be returned to the
authorized person of concerned department of Western
Railway, after appeal period is over.
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(05) Copy of judgment be given to the accused free of cost.
Date : 30.09.2025.
Alam
sd/-
(Tushar B. Waje)
Judicial Magistrate (First Class),
36th Court, Mumbai Central Railway, Mumbai.
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