MADDALA DHANALAKSHMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Revision Case came to be filed under Ss. 397 and 401 of the Code of Criminal Procedure, 1972 (for short, 'the Cr.P.C.) by the petitioner herein, who was the appellant in Criminal Appeal No.358 of 2006, on the file of the Court of XI Additional District and Sessions Judge (Fast Track Court), Guntur at Tenali (for short, 'the learned Additional Sessions Judge'), challenging the judgment, dtd. 14/11/2008; where under the learned Additional Sessions Judge, allowed the Criminal Appeal in part, filed by the petitioner, setting aside the conviction imposed against the petitioner for the offence under Sec. 419 of the Indian Penal Code, 1860 (for short, 'the IPC') while confirming the conviction imposed under Sec. 420 IPC by the learned First Additional Munsif Magistrate, Tenali (for short, 'the trial Court') in C.C. No.158 of 2005, dtd. 7/8/2006. The petitioner faced trial in C.C. No.158 of 2005 on the file of the Court of First Additional Munsif Magistrate, Tenali. The learned Magistrate found the petitioner guilty of the offences under Ss. 419 as well as 420 IPC and accordingly convicted and sentenced her to suffer Simple Imprisonment for three months and to pay a fine of Rs.500.00, in default to suffer Simple Imprisonment for 15 days for the offence under Sec. 419 IPC and sentenced her to suffer Simple Imprisonment for six months and to pay a fine of Rs.500.00, in default to suffer Simple Imprisonment for 15 days for the offence under Sec. 420 IPC. Felt aggrieved of the same, the petitioner filed Criminal Appeal No.358 of 2006 on the file of the Court of XI Additional District and Sessions Judge (Fast Track Court), Guntur at Tenali and the learned Additional Sessions Judge allowed the Criminal Appeal in part, as above. Aggrieved of the same, the petitioner filed this Criminal Revision Case.

(2.) The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court, for the sake of convenience.

(3.) The State represented by Station House Officer, Tenali II Town Police Station, filed charge sheet in Crime No.36 of 2005 for the offences under Ss. 419 and 420 IPC alleging in substance that the accused is a housewife and resident of Lecturers Colony, Tenali. On 28/3/2005 at about 08:00 P.M, she entered into the shop of LW.1-Chimakurthy Ramachandra Rao and introduced herself that she is the Vigilance Officer from Hyderabad and wanted to check the stocks and records of his shop. She demanded him to give some items at free of cost saying that she would leave the shop without checking else she would call for office squad by phone and will arrest him by issuing Non Bailable Warrant. Then, LW.1 gave the goods demanded by her from his shop. At that time, LW.2-Grandhi Chandramouleeswara Rao, went to the shop of LW.1 and learnt about the version of the accused from LW.1 and questioned her about her particulars. The accused told her name, husband name and caste and abruptly went away from the shop of LW.1 by taking the items along with her, without paying for the same. So, LW.1 suspecting the behaviour of the accused telephoned to the Police. By the time the Police went to the shop of LW.1, accused went to Sri Rameswaraswamy temple and informed LW.6-Nagabhairava Saibabu, Executive Officer, that she is Vigilance Officer and asked him to arrange for pooja. LW.6 believed the version of the accused and arranged for pooja. Accused also went to the shop of LW.3-Kaminahalli Ramaswami Aiyangar Janardhan and demanded for some bakery items to her for free of cost, after informing him that she is the Vigilance Officer. In the meantime, LW.7-S.V. Rajasekhar Reddy, SubInspector of Police, II Town Police Station, Tenali after receipt of information from LW.1 went to the shop of LW.1 and on his information, took the accused into his custody at the shop of LW.3. On the same day at 10:00 P.M, LW.1 appeared in Police Station and presented the report. LW.7, the Sub-Inspector of Police registered the aforesaid Crime on receiving report from LW.1 and, after completion of investigation, he filed charge sheet.