Final 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. :- 92/SW/2025. Exh. :-
The Union of India,
Through Railway Protection Force,
Bandra Terminus R.P. F., Mumbai.
(C. R. No. 15/2025). …. Complainant.
V/s.
1. Mohammad Jiyan s/o Javed Shaikh
Age :- 18 Years., Occupation :- Nil.
R/o. :- Dongari, Mumbai.
2. Niyaz s/o Sarafat Mandal
Age :- 20 Years., Occupation :- Nil.
R/o. :- Pydhonie, Mumbai. …. Accused.
Charge :- Punishable under section 3 (a) of the Railway Property
(Unlawful Possession) Act, 1966.
JUDGMENT
(Delivered on 18th day of December 2025)
Today, the accused are present before the Court with their
Ld. Advocate Shri. H. A. Vora. The accused voluntarily pleaded guilty
vide Exh.03. The accused are 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 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 Ld. Advocate Shri. H. A. Vora for the
accused. He has submitted that accused have not been previously
convicted. He further submitted that the accused will not commit such
type of offence in future. The accused are the only earning member of
their families and therefore he prays for leniency. I have also heard the
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Ld. Sr. P. P.. He submitted that maximum fine sentence may be imposed.
3. The accused are poor persons. So also, the railway property
in respect of which the offence had been committed, has already been
recovered and seized. The accused are first time offender 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 Mohammad Jiyan s/o Javed
Shaikh and accused no. 02 Niyaz s/o Sarafat Mandal
are convicted for the offence punishable under section
3 (a) of the Railway Property (Unlawful Possession)
Act, 1966 vide section 269 (3) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 and they are sentenced to
suffer simple imprisonment till rising of the Court and
they are also sentenced to pay fine of Rs. 8,000/-
(Rupees Eight Thousand Only) each in default of
payment of fine the accused shall suffer simple
imprisonment for 15 (Fifteen) days each.
02) The accused to surrender to their bail bonds.
03) The seized property be returned to lease holder for
returning it to its real owner.
04) Copy of judgment be given to the accused free of cost.
Date :- 18.12.2025.
Alam
sd/-
(Tushar B. Waje)
Judicial Magistrate (First Class)
36th Court, Mumbai Central Railway,Mumbai.
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