RESHMA RAJESAB KHAN Vs. ZARINA

JUDGEMENT

(1.) THIS criminal appeal is preferred against the judgment of acquittal insofar as the respondents are concerned, who are arrayed as accused Nos. 2 and 3 before the trial Court in C.C.No.1628/2008 on the file of the JMFC IV Court, Belgaum for the offences punishable under Sections 120B, 109, 419, 420, 405, 406, 427, 465, 504, 506 r/w. Section 34 of the Indian Penal Code, 1860.

(2.) THE complainant by name Miss Reshma Rajesab Khan has filed a Private Complaint bearing No.176/2006, against these respondents and also accused No.1 by name Dawood. The allegations made against the accused persons are that, the accused No.1 in collusion with the respondents herein (accused Nos. 2 and 3) made the complainant to believe them and took some amount from her transferred through the account of accused No.3 and thereby cheated the complainant. Further, when the complainant asked the accused persons, all of them abused her with filthy language and threatened her with dire consequences. It is the specific allegation in the complaint that the accused Nos. 2 and 3 along with accused No.1 hatched a conspiracy to cheat the complainant and made her to believe and thereafter, cheated her by taking money from her.

(3.) ON these allegations the learned Magistrate took cognizance of the offence and thereafter issued process against the respondents herein and accused No.1. As the accused No.1 could not be secured before the Court, the case has been spilt up against accused No.1 and these respondents were tried before the trial Court. The trial Court after recording the evidence, ultimately acquitted the respondents herein under Section 248(1) of Cr.P.C.