SEKAR Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal revision is by the accused. He was convicted by the trial Court under Sec. 406 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000.00. In the appeal filed, the appellate Court confirmed both the conviction and the sentence. It is against this the Criminal Revision Case is filed.

(2.) It is contended that there s no reliable evidence at all to show that the accused had committed any offence and the conviction and sentence are clearly unsustainable.

(3.) The case of the prosecution appears to be that P.W.1 the complainant in the case and the accused are distant relation. The accused was telling P.W.1 that he was a partner in Deepa Jewellery Mart and if P.W.1 had any old jewels and wanted them :o be converted into new ones it could be entrusted to him. P.W.1 on 5-7-1987 entrusted to the accused an old necklace weighing 50 grams worth Rs. 17,000.00 asking him to get it converted into two pairs of gold bangles but the accused did not bring any new jewels. Thereupon when questioned the accused executed a letter wherein he has admitted having received the jewel and undertaking to get it converted into new ones and he would deliver it before 30-11-1987, but even after 30-11-1987 the accused did not deliver any such new jewels. Therefore P.W.1 gave a complaint to the police.