RAJNISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner alongwith his father Mohinder Kumar and wife Manju was tried for the offences under Sections 420/34 IPC on the allegations that they had collected an amount of Rs. 4,50,000/- from complainant Ranjana Singla with a false promise of sending her son Amit to a foreign country for studying there. Vide judgment and order dated 15.6.2002, learned Sub Divisional Judicial Magistrate, Phul convicted the petitioner under Section 420 IPC and his co-accused Mohinder Kumar and Manju under Sections 420/34 IPC and sentenced them to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/- each and in default of payment of fine, to undergo further rigorous imprisonment for two months.

(2.) Aggrieved of their conviction and sentence, the petitioner and his co-accused filed an appeal. Vide judgment dated 16.4.2003, learned Additional Sessions Judge, Bathinda acquitted Mohinder Kumar and Manju accused of the charges against them. However, the conviction and sentence of the petitioner, as ordered by the trial Court was maintained.

(3.) Learned Counsel for the petitioner has expressed his helplessness in laying serious challenge to the conviction of his client under Section 420 IPC in view of the overwhelming evidence brought on record by the prosecution. However, he has submitted that out of the sentence of two years imposed upon the petitioner by the Courts below, the petitioner has already undergone a period of about one year and four months in jail. He has been facing the agony of criminal prosecution for the last about ten years. He is a first offender and required to look after his aged father Mohinder Kumar besides running his own household. Therefore, the remaining sentence of imprisonment of the petitioner be reduced to that already undergone by him.