R.SUBRAMANI Vs. STATE

JUDGEMENT

(1.) This criminal revision has been filed to call for the records and to set aside the judgments in C.A.No.215 of 2010 dtd. 28/11/2013 passed by the learned II Additional Sessions judge, Chennai confirming the judgment dtd. 27/10/2010 passed by the learned Chief Metropolitan Magistrate, Egmore, Chennai in C.C.No.12002 of 2002 finding the petitioner / accused guilty for the offence under Sec. 420 I.P.C (2 counts) and convicting him to undergo Rigorous imprisonment for one year (for each count) to run concurrently and to pay a fine of Rs. 2,000.00in default to pay the fine to undergo simple imprisonment for three month.

(2.) The brief facts of the prosecution is that the petitioner / accused is a traffic police constable and he had befriended the defacto complainant / Subhashini. The petitioner / accused had told her that he had lost his wife and son in an accident and in the pretext of marrying her, induced her and had sexual intercourse with her and thereby she became pregnant. Further, the petitioner/accused had told the defacto complainant that he will get her a job as Typist in the Secretariat and received her 3% sovereign jewels and thereby cheated her and again the petitioner/accused had made a false representation to the father of the defacto complainant that he will get him the licence by tender for running a two wheeler and four wheeler parking at Fountain plaza, Egmore for which the defacto complainant's father / PW2 had handed over his pension book to the petitioner/accused and the petitioner/accused got a sum of Rs. 17,000.00 from the financier by pledging the same and the petitioner / accused did not get the licence and did not return the money thereby the petitioner had cheated them and committed the offence.

(3.) The complaint was given by the defacto complainant on 27/4/2001, the respondent after completion of investigation filed final report against the petitioner/accused for the offence under Sec. 420 I.P.C (2 counts). On appearance of the petitioner / accused, the trial Court framed charges against the petitioner / accused for the offence under Sec. 420 I.P.C (2 counts). On the side of the prosecution 15 witnesses were examined as PW1 to PW15 and exhibits Ex.Pl to Ex.P14 were marked. The case of the prosecution as unfolded from the evidence is that P.W.l Subhashini is the victim girl, P.W.2 Perumal is the father of the victim girl and P.W.4 Thanjaiammal is the mother of the victim girl. P.W.1 had deposed that on 19/8/2000 her mother P.W.4 was admitted in the Egmore Eye Hospital for surgery. Since her father P.W.2 had a urinary problem she was attending to her mother. The accused was working as a traffic constable at Pantheon Road Junction and that he helped her in crossing the road and assisted P.W.2 in the hospital after getting information from P.W.1. Thereafter he had introduced one Maran in the hospital. On 1/9/2000 P.W.4 was discharged and after knowing the same, the accused met them at the bus stop and P.W.4 thanked the accused for his help. Thereafter, whenever P.W.4 came for periodical check up, the accused helped her and that one day the accused had come to the house of P.W.l. He was introduced to P.W.2 by P.W.4. Thereafter the accused used come to P.W.l's house. P.W.l had further deposed that she had studied upto B.B.A, and completed the course in typing and I.T.I. The accused had represented that he will get a typist post to P.W.l in the Secretariat and had taken her to P.A. to Minister. Thereafter the accused had demanded Rs. l Lakh to get a job and she had informed about the same to her parents. After discussing with each other in the family, they decided to give the amount. During September 2000 P.W.1 had paid Rs. 20,000/- and within three days another sum of Rs. 20,000/- was paid and further after three days another sum of Rs. 10,000/- was paid. Thereafter, since no cash was available with them, they have offered to give the jewels and had told the accused that he can pledge the same. Accordingly, a double strand gold chain weighing 6 sovereigns, one saradu weighing 5 sovereigns belonging to the elder sister of P.W.1 was handed over to the accused. P.W.4 had also given another gold saradu. The accused had pledged the jewels at Tamil Nadu Industrial Co-operative Bank, at Thalamuthu Natarajan building, Egmore. The accused had not informed them how much cash he received by pledging their jewels. At the time of pledging the jewels P.W.1 accompanied the accused. Since the accused demanded further amounts, the elder sisters of P.W.l viz. Vijay Mala and Latha gave their two gold aarams weighing 5 sovereigns and 5% sovereigns each and one necklace weighing 3 sovereigns and two stud and gimiki and the accused had not informed where those jewels were pledged and the accused had further demanded amount and when her father had informed that no further amount is available, the accused had insisted for further amount and some more jewels were also given to the accused. Thereafter, the accused told P.W.l to wait for sometime and on 17/11/2000 the accused volunteered that he would purchase an auto for them and he had taken P.W.1 and her father to a financier residing at Kellys Road, behind Devi