C. JANAKIRAMAN Vs. STATE

JUDGEMENT

(1.) This revision arises against two concurrent judgments of conviction for offence under Section 420 IPC. This petitioner and an another stood trial for offence under Section 420 IPC in C.C. No. 23 of 2005, on the file of the Judicial Magistrate No. II, Vellore. The prosecution case was that this petitioner/A1 called P.W. 1, on 15.11.1996, represented that the second accused was running a financial business; that he required Rs. 5,00,000/- (Rupees five lakh) there for and that if P.W. 1 advanced such sum, he would be paid a sum of Rs. 30 lakh within one week. Making such false representation, the petitioner/A1 caused P.W. 1 to believe such representation to be true and divested him of a sum of Rs. 5 lakhs and thereby committed the offence.

(2.) On completion of investigation, a charge-sheet was filed. Before the trial Court, the prosecution examined five witnesses and marked three exhibits. None were examined on behalf of the defence nor were any exhibits marked. The accused denied the offence upon being questioned under Section 313 Cr.P.C.

(3.) Upon consideration of the materials before it, the trial Court convicted the accused of offence under Section 420 IPC and sentenced him to one year rigorous imprisonment and fine of Rs. 1000/-, in default, three months simple imprisonment. Against such finding, petitioner moved C.A. No. 43 of 2006, which came to be dismissed by the Additional District and sessions Judge, (Fast Track Court), Vellore, confirming the finding and sentence of the trial Court, under judgment dated 7.5.2008. There against this revision.