Full Order Text
Final Order 1 · 12 Sept 2018 · CNR MHMM260014572018
Order Details: Copy of Judgment Pdf Text: IN THE COURT OF 36th METROPOLITAN MAGISTRATE, MUMBAI CENTRAL, MUMBAI. Case No.: 73/SW/2018 Exh. 02 01) Date of commission of Offence : 05/08/2018 02) Date of Report : 05/08/2018 03) Name of the informant with present age and residence. : The Union of India, through Railway Protection Force, RPF BCT, Mumbai. 04) Name of the accused with present age and residence. : Rihan Asif Ansari, Age : 21 Yrs., Occ. Nil, R/o.: Shuklaji State, 14th Galli Footpath, Kamathipura, Mumbai. 05) Particulars of the Offence 1] That on 05.08.2018 at about 12.00 noon at Mumbai Central platform No. 5 FOB you were found in possession of Railway property i.e. Four Feet Iron I Section (Gatar) weighing 20 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. Yes. 2) Do you understood the particular of offence now read over and explained you in vernacular? Ans. Yes. 3) Do you plead guilty? Ans. Yes, I plead guilty. 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 is liable to be convicted. The accused submits that he is only earning member of his family. He further submits that this is his 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. 400/ (Four 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) The accused Rihan Asif Ansari, R/o.: Shuklaji State, 14th Galli Footpath, Kamathipura, Mumbai is convicted for the offence punishable under section 3 of the Railway Property (Unlawful Possession) Act vide section 241 of the Code of Criminal Procedure Code and he is sentenced to suffer Rigorous Imprisonment for 03 (Three) months. -- 2 of 3 -- ..3.. C. C. No. 73/SW/2018 Judgment... (02) Set off under section 428 of the Code of Criminal Procedure be given to the accused in sentence from 05.08.2018 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 --