Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF 36th METROPOLITAN MAGISTRATE,
MUMBAI CENTRAL, MUMBAI.
Case No.: 572/PW/2018
Exh. 02
01) Date of commission of
Offence : 24/08/2018
02) Date of Report : 26/08/2018
03) Name of the informant with
present age and residence. :
The State of Maharashtra,
through Police Station Officer,
Railway Police Station, Bandra,
Mumbai.
04) Name of the accused with
present age and residence.
: Arvind Pramod Bishnoi alias Udiya,
Age : 20 Yrs., Occ. Nil, R/o.:
Indiranagar Pipeline Zopadpatti, Near
Bandra Terminus, Bandra (E),
Mumbai.
05) Particulars of the Offence /
Charge
1] That on 24.08.2018 at about
09.30 am at Bandra Terminus,
Mumbai you intending to take
dishonestly mobile handset MI
made, model No. Max2 out of
possession of the informant Mr.
Rahul Sunildutta Dadichha without
his consent, moved it in order to
such taking and thereby committed
an offence of theft, punishable
under section 379 of Indian Penal
Code 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. Hence, I pass
the order :
ORDER
(01) The accused Arvind Pramod Bishnoi alias Udiya,
R/o.: Indiranagar Pipeline Zopadpatti, Near Bandra
Terminus (E), Mumbai is convicted for the offence
punishable under section 379 of the Indian Penal Code
vide section 241 of the Code of Criminal Procedure Code
and he is sentenced to suffer Rigorous Imprisonment for
03 (Three) months.
(02) Set off under section 428 of the Code of Criminal
Procedure be given to the accused in sentence from
26.08.2018 to till date.
-- 2 of 3 --
..3.. Case No. 572/PW/2018
Judgment...
(03) The seized mobile handset MI made, model No.
Max2 shall be retained by the informant Mr. Rahul
Sunildutta Dadichha, R/o.: Gaon Disuri, Taluka Disuri,
District Pali, State Rajasthan and his indemnity bond will
be cancelled, after appeal period is over.
Date : 12.09.2018
Sd/
(S. R. Narwade)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
-- 3 of 3 --