THE STATE OF MAHARASHTRA Vs. RONALD ALBERT WILLIAMS

JUDGEMENT

(1.) Heard. This is an appeal filed by the State of Maharashtra challenging the Judgment and Order dated 20/12/2001 passed by Metropolitan Magistrate 15th Court, Mazgaon, Mumbai wherein respondent is acquitted of offence punishable under section 420 of Indian Penal Code in C.C. No. 182/P/2000. Heard respective counsel.

(2.) Such of the facts necessary for the decision of this appeal are as follows.

(3.) In the month of June, 1993 complainant/P.W. 1 Mrs. Lily Anthony Dass wanted to seek admission for the child of one of her friend in Don Bosco School. She had approached respondent herein. According to the complainant, respondent herein was a social worker and used to help people, seek admission, ration cards etc. It is alleged that respondent herein had demanded Rs. 25,000/- for seeking admission in Don Bosco school. The said amount was paid by the complainant, however according to the complainant, he had not made any efforts to seek admission and therefore, she had approached Byculla Police Station on 23/07/1993 and had lodged a report alleging therein that respondent herein had obtained Rs. 25,000/- fraudulently for seeking admission in Don Bosco school and hence, had cheated the complainant. On the basis of report lodged by P.W. 1, crime No. 271 of 1993 was registered at Byculla Police Station for offence punishable under section for offence punishable under section 420 of Indian Penal Code. After completion of investigation, charge-sheet was filed.