STATE OF MAHARASHTRA Vs. ASHOK YESHWANT KASBE

JUDGEMENT

(1.) AN order of acquittal passed on the 10th of September, 1986, by the Additional Chief Metropolitan Magistrate, 2nd Court, Mazagaon, Bombay in Criminal Case No. 1971/p/1984 is impugned in the present appeal. The respondent/original accused was charged under Section 379 of the Indian Penal Code for having, on the 29th of November, 1983, at about 1. 15 a. m. at the junction of Sukhalaji Street and Jairajbhai Lane, Nagpada, committed theft in respect of motor taxi No. MRO- 3272. At the trial, prosecution examined P. W. 1 Shri Adam Sule-man Baradia who is the original complaint He was the driver in respect of the aforesaid taxi. After the taxi was stolen away he went to the Nagpada police station and lodged his First Information Report (Exhibit P ). While he was still at the police station, P. W. 2 Shri Shag Faridul Haq brought the taxi at the police station when the accused, who was found driving the taxi, was forced out of it and brought to the police station. The First Information Report (Exhibit P) was recorded by P. W. 3 Shri Abdul Rehman Ali Beg, a P. S. I. attached at the Nagpada Police Station. P. S. I. Beg had also witnessed accused being forced out of the driverts seat of the above taxi by P. W. 2 Shag Faridul Haq.

(2.) AT the trial, P. W. 1 the complainant, turned hostile. He refused to identify the accused in the Court. He was, therefore, declared hostile. P. W. 2 Shri Shag Faridul Haq and P. W. 3 Shri Abdul Rehman Ali Beg have deposed in terms of the prosecution case.

(3.) THE learned Magistrate, by the impugned ORDER and order, has refused to record an order of conviction on the ground that the prosecution case was not supported by the complainant. Since the complainant, who is the main aggrieved party, had not supported the prosecution, he declined to place reliance on the evidence of the other two witnesses namely P. W. 2 Shag Faridul Haq and P. W. 3 Abdul Rehman Ali Beg.