KRISHNA RANA AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present criminal revision petition, at the hands of the convicts, is directed against the impugned judgment dated 17.12.2012 passed by the learned Additional Sessions Judge, Faridabad, whereby appeal of the petitioners against the judgment of conviction dated 10.1.2012 and order of sentence dated 14.1.2012, was dismissed and their conviction as well as sentence was upheld.

(2.) Brief facts of the case, as recorded by the learned trial court in para 2 and 3 of its impugned judgment, are that the prosecution case was based on the complaint of Guljar Singh son of Sh. Gurdeep Singh village Pundri District Kaithal, addressed to Superintendent of Police, Sector -16, Faridabad, received vide Dairy No. 2642 dated 5.8.2002, wherein it was stated that a person named Ranjeet Singh Rana residing in House No. E -38, Defence Colony, Faridabad cheated him by charging Rs. 5 lacs with an assurance that he would get a visa for America and for this purpose, he had taken his passport for submission of visa application. Around three years have lapsed, but till date neither he got the visa issued nor returned his passport nor returned the money in spite of regular follow up.

(3.) Upon this complaint, FIR was got lodged. In further investigation, the rough site plan of the spot was prepared and accused were arrested. Statements of the witnesses under Sec. 161 Cr.P.C., were recorded. Necessary documents were taken into possession. After completion of investigation and finding substantial incriminating material against the present accused, challan was presented before the Court by SHO of the concerned police station.