Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
36th COURT MUMBAI CENTRAL RAILWAY, MUMBAI.
C. C. NO. :- 72/SW/2026.
CNR NO. :- MHMM26-001672-2026. Exh. :-
The Union of India,
Through Railway Protection Force,
Andheri R.P. F., Mumbai.
(C. R. No. 08/2026). …. Complainant.
V/s.
1. Nijam s/o Kiazamuddin Khan
Age :- 30 Years, Occupation :- labour.
R/o. :- Bandra (E), Mumbai.
2. Raju s/o Iliyas Shaikh
Age :- 28 Years, Occupation :- labour.
R/o. :- Bandra (E), Mumbai. …. Accused.
Charge :- Punishable under section 3 (a) of the Railway Property
(Unlawful Possession) Act, 1966.
JUDGMENT
(Delivered on 10th day of August 2026)
The accused are in jail, as an under trial prisoners. Today, the
accused are produced before the Court through video conference. The
accused are facing trial for the offence punishable under section 3 (a) of
the Railway Property (Unlawful Possession) Act, 1966. The accused
submitted that they want to plead guilty. 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 their 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 them on the
point of sentence.
2. I have heard the accused on the point of sentence. They
submitted that they are from poor families. They are the sole bread earner
of their families. Accordingly, the accused requested to take lenient view,
while imposing sentence.
3. The accused are poor persons. So also, the railway property in
respect of which the offence had been committed, has already been
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recovered and seized. The accused are first time offenders and there are no
criminal antecedents against them, 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 No. 01 namely Nijam s/o Kiazamuddin Khan and
accused no. 02 namely Raju s/o Iliyas Shaikh are
convicted for the offence punishable under section 3 (a)
of the Railway Property (Unlawful Possession) Act vide
section 269 (3) of the BNSS, 2023 and they are sentenced
to suffer Rigorous Imprisonment for 03 (Three) months
each and to pay fine of Rs. 2,000/- (Rupees Two
Thousand only) each, in default of payment of fine the
accused are sentenced to suffer Simple Imprisonment for
07 (Seven) days each.
02) The period of detention, if any undergone by the accused
during course investigation, inquiry or trial of the case,
be set off against the term of imprisonment imposed on
them vide section 468 of the BNSS.
03) The accused have also been convicted in C.C. No.
71/SW/2026. The substantive sentence of imprisonment
imposed on the accused in the present case and in C.C.
No. 71/SW/2026 shall run concurrently vide section
467(1) of the BNSS.
04) Case to proceed against accused no. 03.
05) Copy of judgment be given to the accused free of cost.
Date : 10.08.2026.
Alam
sd/-
(Tushar B. Waje)
Judicial Magistrate (First Class),
36th Court, Mumbai Central Railway, Mumbai.
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