PRAMOD Vs. STATE OF M P

JUDGEMENT

(1.) By the present petition, the petitioner has challenged order dated 03/11/04 passed by the Additional Sessions Judge, (Fast Track) Indore in Criminal Appeal no. 426/03 convicting the accused for offence under section 420 of the IPC and sentencing him to six months rigorous imprisonment with fine of Rs. 2000/-; in case of failure to pay the same, the accused was to undergo an additional sentence of six months rigorous imprisonment.

(2.) Brief facts of the prosecution as alleged are that on the date of incident i.e. 19/11/92, the accused was travelling from Udaipur in Rajasthan to Indore in the bus bearing registration no. 01174 of M.P.S.R.T.C when the conductor of the bus Chandrashekhar PW-2 found that the accused was travelling on a complimentary pass issued by the corporation and prayed for dispensing with payment of the fare regarding two passengers. On being questioned as to how the accused was making such a demand since a complimentary pass is issued only for free travel of a single person, the accused had countered that the pass was issued for two individuals as was evident from the pass itself. Being compelled to take along with these persons, the conductor took them to Indore Depot to the authority concerned. The Officials of the transport corporation suspected the pass to be fraudulent and taking the original got the photocopy made and thereafter returned the original pass to the accused. Thereafter, the copy of the pass was sent for verification; the details of the pass stated therein that the holder of the pass was one resident of Agar Malva and Assistant Editor of a news paper and it also indicated that he was a social worker. However, on investigation, the pass was found to be forged, the conductor Chandrashekhar PW-2 filed an FIR at police station, Chhatripura, Indore after a period of six months on 25/05/93; on the basis of which, the offence was registered and the investigation launched by the Investigating Agency of the State. The accused was arrested; the statement of the witnesses were recorded and the documents were seized. On completion of the investigation, the offence under section 420 of the IPC was registered against the accused and the accused was duly charged and committed to trial.

(3.) The accused abjured his guilt and stated he was falsely implicated in the matter. The Trial Court, on consideration of evidence came to a conclusion that the accused was guilty as charged and convicted him for offence under section 420 of the IPC and sentenced him to two years rigorous imprisonment with fine of Rs. 2000/-.