BOMMA CHAKRAVARTHY GOUD Vs. STATE OF A P

JUDGEMENT

(1.) The unfortunate accused was convicted for the offence under Section 417 of the Indian Penal Code ('IPC' for short) by the learned IX Additional Chief Metropolitan Magistrate, Hyderabad. The accused was charge sheeted and was charged for the offence Under Section 468 and 420 IPC. The prosecution examined 4 witnesses. Exs. P-1 to P-8 were marked by the prosecution. The learned trial Judge found the accused not guilty of the offence Under Section 468 IPC, but convicted the accused for the offence Under Section 417 IPC. Simple imprisonment for one year was recorded against the sole accused. Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No. 244 of 2005 before the Metropolitan Sessions Judge, Hyderabad. The learned Metropolitan Sessions Judge confirmed the conviction and sentence. Aggrieved by the same, the present revision is laid.

(2.) The accused was involved in Crime No. 136 of 1989 of Amberpet Police Station, Hyderabad for the offences Under Section 384 and 420 IPC. It ultimately was numbered as C.C. No. 508 of 1993. It would appear that the accused was ultimately acquitted in C.C. No. 508 of 1993.

(3.) However, while C.C. No. 508 of 1993 was pending for disposal, the accused was selected for the post of the Sub-Inspector of Police. The accused was to fill up an attestation form after his selection. Column No. 12 of the attestation form as shown in Ex. P-12 contemplates that the accused should state if he was ever arrested by police, convicted by a Court or was detained for any offence. A note is appended to Column No. 12 of the attestation form that in the event the selected applicant is detained, arrested, convicted or debarred subsequent to the filing of the attestation form, the applicant should immediately bring it to the notice of the State Level Recruitment Board or the concerned authority. The note further contemplates that in the event the answer to the main question whether the applicant was ever arrested by police, convicted by a Court or was detained for an offence is in the affirmative, the applicant should state the details of such arrest etc.