Advocate finds copy of century-old Thane court order in mango theft case

In the order dated July 5, 1924, the then magistrate TA Fernandes convicted four people of mango theft and released them after admonition, considering they were all young men, and he did not want to ruin their life by sentencing them.

Thane: An advocate has stumbled upon a copy of an order pronounced by a court in Maharashtra's Thane 100 years ago in a case of theft of mangoes, providing a glimpse of the legal proceedings at that time.

In the order dated July 5, 1924, the then magistrate TA Fernandes convicted four persons of mango theft and released them after admonition, considering they were all young men, and he did not want to ruin their life by sentencing them.

Advocate Poonit Mahimkar told PTI on Sunday that while shifting from his previous house in Thane city, he found a bag lying unattended in the mezzanine for years, possibly left by the earlier house occupants.

When he opened the bag, he found some old property papers and a copy of the magistrate's order.

The order was pertaining to the case titled 'Crown Vs Anjelo Alwares and 3 others', charged under Sections 379/109 of the Indian Penal Code (IPC)for the theft of '185 green mangoes'.

The judgement, by magistrate Fernandes, recounted the prosecution's case alleging the accused were caught red-handed while plucking mangoes from a field belonging to Bostiav Ellis Andraden.

Witnesses testified to seeing the accused selling the stolen mangoes to a local dealer, prompting Andraden to reclaim his property (mangoes) and seek legal action.

The defence argued claiming innocence, but the magistrate convicted the accused of theft.

"Considering the whole evidence, I am satisfied that accused are guilty of the offence of theft. But they are all young men and I have no wish to ruin their life by sentencing them, and they have moreover no previous conviction. Accordingly, I convict them under Section 379/109 and release them after due admonition," the magistrate said in the order.

Mahimkar said he now plans to preserve the document.