Final Order 2

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
36th COURT MUMBAI CENTRAL RAILWAY, MUMBAI.
C. C. NO. :- 73/SW/2025. Exh. :-
The Union of India,
Through Railway Protection Force,
Churchgate R.P. F., Mumbai.
(C. R. No. 03/2025). …. Complainant.
V/s.
2. Asfaq s/o Jiyaul Shaikh
Age :- 23 Years, Occupation :- Business
R/o. :- Kalbadevi Road, Mumbai. …. Accused.
Charge :- Punishable under section 3 (a) of the Railway Property
(Unlawful Possession) Act, 1966.
JUDGMENT
(Delivered on 30th day of October 2025)
Today, the accused is present before the Court with his Ld.
Advocate Shri. H. A. Vora. The accused voluntarily pleaded guilty vide
Exh. 05. The accused is facing trial for the offence punishable under
section 3 (a) of the Railway Property (Unlawful Possession) Act, 1966.
Accordingly, the charge is framed against the accused for the offence
punishable under section 3 (a) 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. I therefore, hold the accused guilty for the
offence punishable under section 3 (a) of the Railway Property
(Unlawful Possession) Act, 1966 and proceed to hear him on the point
of sentence.
2. I have heard the Ld. Advocate Shri. H. A. Vora for the
accused. He has submitted that accused has not been previously
convicted. He further submitted that the accused will not commit such
type of offence in future. The accused is the only earning member of his
family and therefore he prays for leniency. I have also heard the Ld. Sr.
P. P.. He submitted that maximum fine sentence may be imposed.
3. The accused is a poor person. So also, the railway property
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in respect of which the offence had been committed, has already been
recovered and seized. The accused is a first time offender and there are
no criminal antecedents against him, so lenient view needs to be taken
while imposing sentence upon the accused. In the circumstances above
the following sentence would be sufficient to meet the ends of justice.
In result thereof, I pass the following order :-
ORDER
(01) Accused namely Asfaq s/o Jiyaul Shaikh is convicted
for the offence punishable under section 3 (a) of the
Railway Property (Unlawful Possession) Act vide
section 269 (3) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 and he is sentenced to suffer simple
imprisonment till rising of the Court and he is also
sentenced to pay fine of Rs. 5,000/- (Rupees Five
Thousand Only) in default of payment of fine the
accused shall suffer simple imprisonment for 15
(Fifteen) days.
(02) The accused to surrender to his bail bonds.
(03) The seized muddemal property be returned to the
authorized person of concern department of the
Western Railway, after appeal period is over.
(04) Copy of judgment be given to the accused free of cost.
Date : 30.10.2025.
Alam
sd/-
(Tushar B. Waje)
Judicial Magistrate (First Class),
36th Court, Mumbai Central Railway, Mumbai.
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