JANAK RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) For the reasons recorded therein, the application is allowed and delay of 49 days in re-filing the revision petition is condoned. Main case

(2.) The Judicial Magistrate, Ist Class, Tarn Taran, vide judgement and order dated 14.12.2004 convicted and sentenced the petitioner under Section 409 of Indian Penal Code to undergo rigourous imprisonment of 9 months and to pay a fine of Rs.500/-, in default of payment of fine, to further undergo imprisonment for one month. Aggrieved against the aforesaid judgement and order, the petitioner filed an appeal before the Additional sessions Judge, Tarn Taran, who converted the conviction of the petitioner from Section 409 IPC to Section 408 IPC and released the accused-petitioner on probation by observing as under:-

(3.) Still aggrieved, the petitioner has filed the present petition. The only argument raised by the learned counsel for the petitioner is that the Additional Sessions Judge, Tarn Taran had specifically held that the prosecution has failed to prove the fact that the petitioner was working as a public servant at the relevant time. He was found to be working as a salesman, therefore, the first requirement of Section 409 of IPC is that the petitioner must be working as public servant which fact is lacking in the present case. Thus, the petitioner should be acquitted of the charge even of Section 408 IPC. Section 408 IPC reads as under:-