Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF 36th METROPOLITAN MAGISTRATE,
MUMBAI CENTRAL, MUMBAI.
Case No.: 78/SW/2018
Exh. 02
01) Date of commission of
Offence : 21/07/2018
02) Date of Report : 21/07/2018
03) Name of the informant
with present age and
residence.
:
The Union of India,
through Railway Protection
Force, RPF Post Borivali,
Mumbai.
04) Name of the accused with
present age and residence.
: Santosh Baddu Chauhan, Age :
35 Yrs., Occ. Nil, R/o.: Inside Sky
Walk Bridge, Kandivali (E),
Mumbai.
05) Particulars of the Offence 1] That on 21.07.2018 at about
14.00 hours at Kandivali Traffic
Yard KM no. 32/4A you were
found in possession of Railway
property i.e. 01 Nos. Round Cast
Iron Pot, weighing 35 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. 600/ (Six 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 Santosh Baddu Chauhan, R/o.:
Inside Sky Walk, Kandivali (E), 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. 78/SW/2018
Judgment...
(02) Set off under section 428 of the Code of
Criminal Procedure be given to the accused in
sentence from 21.07.2018 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 --