K J SAMUEL Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under section 420 IPC in S.C No. 72 of 1997 of the Court of Session, Alappuzha. The accused faced trial before the learned Additional Asst. Sessions Judge, Alappuzha under Sections 420, 468, 474 and 306 IPC, on the allegation that the victim of offence in this case had been financially and sexually exploited by the accused. The accused was a Senior Assistant of the KSEB, working at that time at the Electrical major section Ambalapuzha, and the deceased lady was an Anganavady worker. They developed illicit intimacy, and this led to an inseperable illicit affair. According to prosecution, it was during this inseparable llicit affair, the accused cheated and exploited the lady. The Police registered the crime on the basis of the complaint filed by the brother of the deceased before the Court of the Judicial First Class Magistrate, Alappuzha. The said complaint was forwarded to the Police for investigation under Section 156(3) Cr.P.C. Even a case of murder was alleged in the complaint. Anyway after investigation, the Police submitted final report in court under Sections 420, 468, 474 and 306 IPC.

(2.) The accused appeared before the learned trial Judge and pleaded not guilty to the charge framed against him. The prosecution examined twenty seven witnesses and proved Exhibits P1 to P11 documents including the letters and receipts contained in the Exhibit P2 series documents. When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances, and in defence, he examined a witness as DW1 and also proved Exhibits D1 to D5 documents.

(3.) On an appreciation of the evidence, the trial court found the accused not guilty under Sections 468, 474 and 306 IPC, and he was acquitted of those offences. But the accused was found guilty under Section 420 IPC. On conviction thereunder, he was sentenced to undergo rigorous imprisonment for three years.