K. RAVI Vs. INSPECTOR OF POLICE, NAMAKKAL

JUDGEMENT

(1.) These two Revisions in Crl.R.C.Nos.468 and 446 of 2014 are filed by the accused Nos.1 and 2 respectively in Cr.No.1355 of 2004, aggrieved by judgment of the learned Judicial Magistrate No.I, dtd. 31/12/2012 in C.C.No.36 of 2005, thereby, convicting petitioners for the offence under Ss. 406 and 420 of Indian Penal Code and imposing a sentence of one year Simple Imprisonment for the offence under Sec. 406 of Indian Penal Code and sentence of one year Simple Imprisonment for the offence under Sec. 420 of Indian Penal Code and fine of Rs.1,000.00 each and in default of payment of fine, to undergo one month Simple Imprisonment and the judgment of the learned Principal Sessions Judge, in Crl. A.Nos.5 of 2013 and 7 of 2013, dtd. 28/2/2014, thereby confirming the conviction and sentence passed by the Trial Court.

(2.) On 17/8/2004, P.W.1, one Thilaka went to the Namakkal Police Station and lodged a complaint stating that by promising to get an employment as Sub- Inspector of Police in the Police Department, Government of Tamil Nadu, both the accused persons jointly conned her and made her to part with the sum of Rs.1,00,000.00 on 15/1/2003 and another sum of Rs.1,40,000.00 on 20/2/2003, but the said results were negative, therefore, when she asked for the money, a sum of Rs.20,000.00 was paid and for another sum of Rs.15,000.00, a cheque was issued, but, however, the same bounced. On the said complaint, P.W.12, the Sub- Inspector of Police registered a case in Crime No.1355 of 2004, for the offences under Ss. 406 and 420 of I.P.C, thereafter, P.W.14 took up the case for investigation and filed a final report on 31/12/2004, proposing both the accused guilty of the offences under Ss. 120-B, 420, 468 and 471 of Indian Penal Code.

(3.) The learned Judicial Magistrate No.I, Namakkal took the case on file in C.C.No.36 of 2005 and after hearing the learned Public Prosecutor and the learned Counsel appearing on behalf of the accused and upon considering the materials on record, on 20/6/2005 framed four charges under Ss. 120-B, 420, 468 and 471 of Indian Penal Code. Upon questioning, the accused denied the charges and stood trial. Thereafter, the prosecution examined P.W.1 to P.W.14 and marked Exs.P-1 to P-8 .Upon being questioned about the adverse evidence and incriminating circumstances on record, as per Sec. 313 Cr.P.C., the accused denied the same as false.