STATE OF MAHARASHTRA Vs. REKHA RAMAKANT RAHALKAR

JUDGEMENT

(1.) This is an appeal filed under Section 378(4) of Criminal Procedure Code impugning the judgment dated 21-3-1997 passed by the Additional Sessions Judge, Pune, by which the accused was acquitted of a charge under Section 420 of Indian Penal Code.

(2.) The appeal that was filed before the Additional Sessions Judge was to challenge an order of conviction against accused no.1. There were three accused and accused nos.2 and 3 were acquitted by the Trial Court.

(3.) In a nutshell, it is the case of complainant that accused no.1 (hereinafter referred to as accused) was a congress party worker based in Pune and accused used to promise jobs in Government offices for payment of a fee. The prosecution says accused made such promises to many others, some of whom are P.-W.-2 to P.W.-11, took money from them with a promise of Government or bank job, but never got them any job or returned the money. Complainant- Nitin Bhosale has stated that he did not have a permanent employment and he was in search of a job. In June 1993, he came to know through one Ms Saitwadkar that accused was a congress party worker who had political contacts at high levels and helps people to get Government job for payment of some money. Accordingly, complainant in June 1993 went to meet accused at her residence. He was accompanied by Ms Saitwadkar and another person Balu, i.e., Vijay Phakatkar (P.W.-2). Accused, it seems, informed the trio that she has contacts in Delhi and Mumbai with Ministry and that she was also going to open a Bank in Pune and some people are going to be employed. It seems, accused also informed that she has already given jobs to many people and if it is not possible to get jobs in the Government department or PCMC (Pimpri Chinchwad Municipal Corporation), she would get them job from Delhi quota (what it means is not explained). It seems complainant was told by accused that for a Government job as a clerk the cost will be Rs.7000/- and for a Government job as peon, it will be Rs.2000/-. It seems accused also assured, if the amount was paid within 2 or 3 days, he will get the employment immediately.