KOUSALYA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed by the revision petitioner- accused challenging the judgment of conviction and order of sentence passed by Additional Civil Judge and JMFC, Srirangapatna in CC No.142/2011 dtd. 21/10/2013, whereby the learned Magistrate has convicted the accused-revision petitioner herein for the offence under Sec. 420 of IPC by imposing sentence of imprisonment for a period of two years with fine of Rs.10,000.00 with default clause, which was confirmed by III Additional District and Sessions Judge, Mandya sitting at Srirangapatna in Crl.A.No.5012/2013 vide judgment and order dtd. 1/8/2014.

(2.) For the sake of convenience parties herein are referred with the original ranks occupied by them before the trial Court.

(3.) The brief factual matrix leading to the case are that on 29/5/2010 the complainant has lodged a complaint against accused by setting the law in motion. According to the allegations of the prosecution, the accused is acquainted with complainant and she introduced that she was working at Stree Shakthi Sanga in Mandya. It is also alleged that the accused has induced the complainant and others that on behalf of Stree Shakthi Sanga she is going to distribute gas cylinders at the cost of Rs.2,500.00 for single cylinder and Rs.5,000.00 for two cylinders and she received Rs.5,000.00 each from CWs.2 to 5, Rs.3,000.00 from CW7, Rs.3,500.00 from CWs.8 to 12 and Rs.4,000.00 from complainant and hence, it is alleged that accused by inducing the complainant and others collected Rs.44,000.00 from them with a dishonest intention under the guise of providing gas cylinders, but failed to provide the same and thereby, it is alleged that she has cheated the complainant and others.