I.K. NARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner was convicted by the Trial Court, under Ss.419, 471, 472 and 420 r/w S.511 IPC. He was sentenced to undergo simple imprisonment for different periods and also pay fine, under the aforesaid sections.

(2.) In brief, the case of the prosecution was that, on 27.04.2007, at 11.30 a.m., the petitioner was found driving a Ambassador Car bearing registration No.MEX-42, with Karnataka Government nameplates having the Government emblem and stickers, on Siddaiah Puranik Road, within the limits of Basaveshwaranagar Police Station. On suspicion, when CW-1/PW-2 stopped the car and enquired, the petitioner was found possessing seals and other documents and when questioned, he pretended to be an Assistant Commissioner of Commercial Taxes and produced an identification card and other documents and made to believe that he is a public servant. Upon enquiry, it was learnt from the department of Commercial Taxes, that the petitioner is not working in the department and thereby, dishonestly cheated both the public and the Government. CW-1/PW-2 lodged a complaint/Ex.P4. CW-10/PW-5 registered a case and sent the FIR/Ex.P22 to the Court and took up the investigation, which was later on taken over by CW- 11/PW-6. CW-11 laid the charge sheet.

(3.) The accused denied the charge. During trial, the prosecution in order to establish the charges, examined PWs.1 to 6, through whom Exs.P1 to P23 and MOs.1 to 18 was marked. The accused was examined under S.313 Cr.P.C. Accused denied the incriminating evidence and has not led any defence evidence. Learned Trial Judge, taking into consideration the record of the case and the rival contentions, upon appreciation of the evidence, found the accused guilty of the charged offences. Hence, a Judgment of conviction was passed and the accused was sentenced to undergo imprisonment and also pay fine.