REKHA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the instant Criminal Revision Petition, petitioner has questioned the validity of the trial Court decision dated 22.8.2006 passed in Criminal Case No. 9 -1/14 -5/2003, by which the petitioner has been convicted under Sec. 409 IPC and sentenced to undergo rigorous imprisonment for 6 months and she was also sentenced to pay a fine of Rs. 2,000/ - and in default of payment of fine, the convict was to further undergo imprisonment for 20 days. In Criminal Appeal No. 56 of 2006, the trial Court decision dated 22.8.2006 has been affirmed on 8.9.2007, by the Sessions Judge, Ferozepur.

(2.) Brief story of the prosecution is that petitioner applied for STD/PCO i.e. ISD, Public Call Office for installation at near Bus Stand, Malwal, District Ferozepur. An agreement was entered into between the Telegraph Authority and the petitioner on 12.6.2000. The petitioner was required to collect the amount of calls made at the PCO and to deposit the same with the Telegraphic Authority - department after deducting her commission and these deposits of revenue collected were payable against the bill issued after 15 days by the Telegraphic Authority - department. The petitioner was the licensee. The petitioner failed to deposit a sum of Rs. 25,772/ - collected for the period from 31.12.2000 to 15.12.2001.The aforesaid amount was not remitted by the petitioner. The matter was investigated and the FIR was filed. The petitioner was arrested on 26.4.2003 and she was released on bail. Challan was presented in the Court of Illaqa Magistrate. She was charge sheeted under Sec. 409 of IPC. Since she did not plead guilty, trial was proceeded.

(3.) The prosecution in order to prove the charge, examined PW -1 SI Gurmit Singh, PW -2 Narinder Kumar Sharma, PW -3 G.S. Gill, General Manager, Telecommunication Department. The petitioner was examined under Sec. 313 Cr.P.C. in which she had denied the incriminating evidence appearing against her in prosecution evidence and pleaded her innocence. However, she has not lead any evidence in her defence.