ISHWAR SINDH SIDAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Applicant has been convicted for commission of offence punishable under Sec. 420 of the IPC by the Judicial Magistrate, First Class, Durg, District Durg (C.G.) in Criminal Case No. 21090/2010 vide judgment of conviction and order of sentence dtd. 23/11/2019 and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.3,000.00, with default stipulation. In appeal being Criminal Appeal No. 283/2019 preferred by applicant/accused, the Second Additional Sessions Judge Durg (C.G.) vide judgment dtd. 3/9/2021, upheld the conviction under Sec. 420 IPC. However, while maintaining fine sentence of Rs.3,000.00 imposed upon the applicant, reduced rigorous imprisonment for three year to rigorous imprisonment for one year.

(2.) Case of the prosecution, in brief, is that in the year 2005 applicant has taken an amount of Rs.75,000.00 from the complainant in order to secure employment in the Food Corporation of India for his son, but despite passing of two years, the applicant could not provide job to the complainant's son. It is alleged that on being demanded the aforesaid amount from the applicant, he did not return the same to the complainant. Based on above facts, present crime under Sec. 420 was registered against the applicant. After usual investigation, charge-sheet was filed against the accused/applicant before Judicial Magistrate, First Class, Durg. Charge under Sec. 420 IPC was framed and the same was explained to the applicant/accused, which he denied and his plea was recorded.

(3.) In order to prove the guilt of accused/applicant, the prosecution has examined as many as 12 witnesses in support of its case. Statement of the accused/applicant was also recorded under Sec. 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.