R. KANNAN Vs. STATE

JUDGEMENT

(1.) THE petitioner was originally the first accused in C.C. No. 193 of 2003. One Mr. Muthaiah was the second accused in the said case. Mr. Muthaiah died during the pendency of the case for trial. Thus, the petitioner alone faced the trial. He stood charged for the offence under Sections 420 and 465 r/w 34 IPC. By judgment dated 21.07.2007, the trial Court acquitted him from the charge under Section 465 r/w 34 IPC, but convicted him under Section 420 IPC and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,000/ -, in default to undergo simple imprisonment for six months. Challenging the same, the petitioner filed an appeal in C.A. No. 57 of 2007. The learned Additional Sessions Judge (Fast Track Court), Virudhunagar, by judgment dated 11.12.2007, dismissed the appeal, thereby confirming the conviction and sentence imposed by the trial Court. Challenging the same, the petitioner has come up with this revision.

(2.) THE case of the prosecution in brief is as follows;

(3.) THE learned counsel appearing for the petitioner would submit that there is no document to show that the money was actually paid by so called victims to the petitioner. He would further submit that though it is the case of the prosecution that the petitioner was arrested on 05.06.1999, the investigating officer has admitted that he was arrested as early as on 04.06.1999 itself and therefore, the recovery of the school certificates from his possession cannot be believed. The learned counsel would further submit that Ex. P2, the paper publication, has not been proved to have been made by this petitioner. Thus, according to the learned counsel, the prosecution has failed to prove the case.