VILAS NARAYAN GANVIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this revision application, challenge is to the judgment and order dtd. 25/1/2016, passed by the learned Sessions Judge, Gadchiroli, whereby the learned Sessions Judge dismissed the appeal filed by the applicant/accused against his conviction and sentence awarded by the learned Judicial Magistrate First Class, Desaiganj, for the offences punishable under Ss. 171, 419 and 420 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC" for short). The learned Judicial Magistrate First Class, Desaiganj, on conviction, had sentenced the accused to suffer rigorous imprisonment of three months for the offence punishable under Sec. 171 of the IPC, rigorous imprisonment of three years and to pay fine of Rs.5,000.00, in default of payment, to suffer simple imprisonment of three months for the offence punishable under Sec. 419 of the IPC, and rigorous imprisonment of three years and to pay fine of Rs.10,000.00, in default of payment, to suffer simple imprisonment of three months for the offence punishable under Sec. 420 of the IPC.

(2.) It is the case of prosecution that on 9th and 10/12/2013, the informant was proceeding from Desaiganj to his village Kaleta on his motorcycle. On the way at village Chandali, one person in police uniform met him at about 2:00 p.m. and requested him for lift upto village Kaleta. The informant gave him lift. During journey, the said person made enquiry with the informant about his employment. The said person introduced himself as Police Inspector Maske. When the said person alighted from the motorcycle at village Kaleta, he showed his Identity Card to the informant. The name on the Identity Card was Rajendra R. Maske, Police Commissioner Office, Amravati. He told the informant that recruitment process for filling the post of police constables is in progress and in the said process, some candidates have been disqualified in the medical examination and in place of those candidates, other candidates can be given employment. He took the mobile number of the informant. The informant, on his request, dropped him at village Dighori.

(3.) It is the case of prosecution that the said person was not Assistant Police Inspector. He impersonated to be so. On 12/12/2013, Mr. Maske went to the house of the informant at Kaleta. The informant was not present and therefore, he could not meet the informant. On 15/12/2013, Mr. Maske made a phone call to the informant to apply for recruitment as police constable in place of candidates, who were disqualified in the medical examination at Amravati Police Headquarter. On 18/12/2013, Mr. Maske called the informant at the backside of Desaiganj Railway Station and there filled a form of the informant for recruitment and took Rs.125.00 towards fee. On 2/1/2014, Mr. Maske met the informant. They together went to the house of the informant at Nainpur. At the house of the informant, Mr. Maske showed Buckle No.2202 and Chest No.48 to the informant. Mr. Maske, at the time, told the informant to arrange money till 9/1/2014 for getting the employment. On 8/1/2014, Mr. Maske contacted the informant on his mobile phone and made an enquiry about money. The informant told him that he and his uncle would come to Amravati. Mr. Maske suggested them to come to Gadchiroli for deposit of money at Gadchiroli Police Headquarter.