Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF 36th METROPOLITAN MAGISTRATE,
MUMBAI CENTRAL, MUMBAI.
Case No.: 94/SW/2018
Exh. 02
01) Date of commission of
Offence : 16/09/2018
02) Date of Report : 16/09/2018
03) Name of the informant
with present age and
residence.
:
The Union of India,
through Railway Protection
Force, RPF Mumbai Central,
(C. R. No. 12/2018)
04) Name of the accused with
present age and residence.
: Ramkaran Manoj Vishwakarma,
Age : 30 Yrs., Occ. Nil, R/o.:
Mahim Dargah Footpath, Mahim
(W), Mumbai.
05) Particulars of the Offence That on 16.09.2018 at about
13.00 hours at Carshed, Mumbai
Central (W) you were found in
possession of Railway property
i.e. OHE Copper Wire weighing 2
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 : 16.11.2018
Sd/
(S. R. Narwade)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
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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 : 16.11.2018
Sd/
(S. R. Narwade)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
JUDGMENT
(Delivered on 16th day of November, 2018)
The accused voluntarily pleads guilty. Therefore, the
accused is liable to be convicted. The accused submits that he is poor
person and 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, while imposing sentence. The
record goes to show that the accused was found in possession of
railway property of Rs. 500/ (Five Hundred). Therefore, in my
view, it would not just and proper to punish the accused, severely.
Hence, I impose less sentence than prescribed. Therefore, I pass the
order :
ORDER
(01) The accused Ramkaran Manoj Vishwakarma,
R/o.: Mahim Dargah Footpath, Mahim (W), Mumbai
is convicted for the offence punishable under section
3 of the Railway Property (Unlawful Possession) Act
vide section 246(3) of the Code of Criminal
Procedure and he is sentenced to suffer Rigorous
Imprisonment for 03 (Three) months.
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..3.. C. C. No. 94/SW/2018
Judgment...
(02) Set off under section 428 of the Code of
Criminal Procedure be given to the accused in
sentence from 16.09.2018 till date.
(03) The seized property be returned to the concern
department of Western Railway.
Date : 16.11.2018
Sd/
(S. R. Narwade)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
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