RATTAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has filed this criminal revision petition under Section 401 Cr.P.C. challenging the impugned judgment dated 12.9.2014 passed by learned Additional Sessions Judge, Amritsar, whereby the appeal filed by the petitioner against the impugned judgment of conviction and the order of sentence dated 23.3.2012 passed by the learned Judicial Magistrate Ist Class, Amritsar, vide which the accused/petitioner has been convicted for the offence under Section 420 I.P.C. and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/ - and in default of payment of fine to further undergo simple imprisonment for two months, has been dismissed.

(2.) IT is stated in the grounds of revision petition that the impugned judgment dated 12.9.2014 passed by the learned Additional Sessions Judge, Amritsar, whereby appeal of the petitioner has been dismissed, is against the facts of the case and is unreasonable, illegal and the same is liable to be set aside. It is stated that both the Courts below have ignored elementary principles of criminal law while appreciating the evidence produced by the prosecution. It is stated in the revision petition that the petitioner, who is 81 years old, has been convicted for the offence under Section 420 I.P.C. in the absence of any evidence of cheating against him. Neither there is any evidence of cheating or false promise to send the son of the complainant abroad nor there is any demand of money for this purpose by the petitioner. The petitioner has been made scapegoat being father -in -law of main accused Jasbir Singh, who is residing in Spain.

(3.) MR . A.S. Klar, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent -State and contested this petition.