RAJESH @ DAWOOD IBRAHIM Vs. STATE

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment passed by the II Additional Sessions Judge, Tirunelveli, in C.A.No.111 of 2006, dated 23.10.2009, confirming the conviction of the Judicial Magistrate, Shencottah, Tirunelveli District, in C.C.No.263 of 2000, dated 19.04.2006.

(2.) The case of the prosecution is that on 10.08.99 at 9.00 am in the residence of witness Subramanian at Illathur village, the accused intentionally induced the witness Pechimuthu Thevar by promising to get employment for his son in abroad, if he paid Rs. 50,000/- and believing his promise, the witness Pechimuthu Thevar paid Rs. 50,000/- to the accused. But he failed to get employment and on demand of money paid by Pechimuthu Thevar, the accused refused to return the money and thereby cheated the complainant. The Inspector of Police attached to Ayikudi Police Station has filed a final report for the offence under Section 420 IPC against the accused.

(3.) In the trial court, 12 witnesses were examined and 3 Exhibits were marked. When the accused were questioned about the incriminating circumstances, they denied the same. The trial court convicted accused for the offence under Section 420 IPC and sentenced him to undergo six months of Rigorous Imprisonment and to pay a fine of Rs. 1,000/-, in default to undergo RI for one month. Aggrieved by the conviction and sentence passed by the trial court, the accused filed appeal in C.A.No.111 of 2006, which was heard by II Additional Sessions Judge, Tirunelveli. The first appellate Court confirmed the findings of the trial court. Aggrieved by the judgment of the courts below, the revision petitioner/accused is before this court.