STATE OF MAHARASHTRA Vs. SALIM IBRAHIM KASKAR

JUDGEMENT

(1.) This Appeal is filed by the State against the order of acquittal passed by the Judicial Magistrate, First Class, Khed, acquitting both the accused of the offence punishable under Section420 read with Section34 of I. P. C.

(2.) Brief facts of the case were that the accused No. 1 and complainant were acquainted with each other as they were employed in different companies which were adjacent to each other. The allegation of the prosecution is that Mangesh had chat with the accused No. 1 who told the complainant Mangesh that the accused No. 1's father was in foreign company and accused No. 1 himself was doing the work of Passport and agency and that his father used to send Visas and asked the complainant whether anybody wanted to take passport. At that time, it is alleged that the complainant told the accused No. 1 that he was serving in a company and that his passport was ready but he was in need of visa. Thereupon, the accused No. 1 told the complainant that he would ask his son to get the amount of Rs. 18,000/- ready for the Visa of the complainant himself and his brother. Accordingly, the complainant collected the said amount for getting the Visa. It is further alleged that on9-5-1984, the accused No. 1 met the complainant and demanded from him the amount of Rs. 4,000/- which the complainant paid in cash whereupon the accused No. 1 passed receipt. 5-6 days later, the accused No. 1 again demanded money. Since the complainant did not have cash, he handed over one wrist watch worth Rs. 250/- to the accused No. 1. About 5-6 days later, again accused No. 1 made a demand and at that time the complainant allegedly paid to the accused No. 1 Rs. 13,820/ -. Accused No. 1 later again demanded money and the complainant paid Rs. 100/- for the passport of his brother Suresh. At that time, it was decided that the complainant and his brother should go to Mumbai on24-8-1984 and accordingly both of them along with the accused No. 1 left their village on23-7-1984. It is further alleged that accused No. 1 left the complainant and his brother saying that he would go to Bhendi Bazar and come again. However, the accused No. 1 did not return. The complainant and his brother waited for accused No. 1 for few days and returned to the village Lavel. After return to the Village, they learnt that the accused No. 1 had collected Rs. 200/- from the mother of complainant as also some ornaments for doing the work of getting passport. The ornaments were; one gold pair of earrings and one gold finger ring totally worth Rs. 1,000/ -. Since the accused No. 1 did not arrange for the passport, the complainant suspected and therefore lodged the complaint to the police.

(3.) In all seven witnesses were examined by the prosecution. They were complainant - Mangesh (PW1), Sunanda (PW2), mother of the complainant, Manohar Lalajisheth (PW3), seizure of gold from the accused, Anant Karekar (PW4) to whom the gold ornaments were sold by the accused, Shashikant Patwardhan (PW5), Uday Modak (PW6) from whom the accused No. 1 had purchased Rikshaw bearing No. MHD 3508 and the PSI (PW7 ).