Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF 36th METROPOLITAN MAGISTRATE,
MUMBAI CENTRAL, MUMBAI.
Case No.: 71/SW/2018
Exh. 02
01) Date of commission of
Offence : 03/08/2018
02) Date of Report : 04/08/2018
03) Name of the informant with
present age and residence. :
The Union of India,
through Railway Protection Force,
RPF Churchgate, Mumbai.
04) Name of the accused with
present age and residence.
: 1] Sanjay Vijay Sharma, Age : 35
Yrs., Occ. Nil, R/o.: Marine Drive
Footpath, In front Marine Line
Station, Marine Lines, Mumbai.
2] Domnik Vinod James, Age 21 Yrs.,
Occ. Nil, R/o.: Fashion Market, Metro
Cross Maidan, In front of BMC Office
Footpath, Chruchgate, Mumbai.
05) Particulars of the Offence 1] That on 03.08.2018 at about
19.00 hours at Marine Lines Station
KM No. 01/1301/14 Center you
alongwith coaccused were found
in possession of Railway property
i.e. 01 No. Iron Plate weighing 50
Kg. and the said property is
suspected to be stolen railway
property and or obtained unlawfully
for which you cannot give any
satisfactory account and thereby
committed an offence punishable
under section 3 Railway Property
(Unlawful Possession) Act, 1966
and within my cognizance.
And, I hereby direct that you be
tried by me on the said charge.
Date : 12.09.2018
Sd/
(S. R. Narwade)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
-- 1 of 3 --
..2..
Statement of the accused
1) Have you received case paper/ police challan?
Ans. No.1 Yes. No.2 Yes.
2) Do you understood the particular of offence now read over and
explained you in vernacular?
Ans. No.1 Yes. No.2 Yes.
3) Do you plead guilty?
Ans. No.1 Yes, I plead guilty. No.2 Yes, I plead guilty.
1)
2)
Signature/ T.I. of the accused
Date : 12.09.2018
Sd/
(S. R. Narwade)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
JUDGMENT
(Delivered on 12th day of September, 2018)
The accused voluntarily plead guilty. Therefore, the
accused are liable to be convicted. The accused submit that they ares
only earning members of their family. They further submit that this
is their first offence. Therefore, the accused prayed for leniency.
Considering submissions of the accused, in my view, lenient view will
have to be taken. The record goes to show that the accused was
found in possession of railway property of Rs. 800/ (Eight
Hundred). Therefore, in my view, it would not just and proper to
severely punish the accused. Hence, I impose less sentence than
prescribed. Therefore, I pass the order :
ORDER
(01) Accused No. 1 namely, Sanjay Vijay Sharma,
R/o.: Marine Drive Footpath, In front of Marine
Lines Station, Marine Lines, Mumbai and accused
No. 2 namely, Domnik Vinod James, R/o.: Fashion
Market, Metro Cross Maidan, In front of BMC Office
Footpath, Chruchgate, Mumbai are convicted for the
-- 2 of 3 --
..3.. C. C. No. 71/SW/2018
Judgment...
offence punishable under section 3 of the Railway
Property (Unlawful Possession) Act vide section 241
of the Code of Criminal Procedure Code and they is
sentenced to suffer Rigorous Imprisonment for 03
(Three) months each.
(02) Set off under section 428 of the Code of
Criminal Procedure be given to the both accused in
sentence from 04.08.2018 till date.
(03) The seized property be returned to the concern
department of Western Railway.
Date : 12.09.2018
Sd/
(S. R. Narwade)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
-- 3 of 3 --