RAJINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried for committing the offence under Section 420/120-B IPC. Vide judgment and order dated 12.11.2009, learned Additional Chief Judicial Magistrate, Hoshiarpur, found the petitioner guilty for the offence under Section 420 IPC and sentenced her undergo RI for one year and to pay a fine of Rs.1500/- and, in default of payment of fine, to further undergo RI for 15 days.

(2.) Aggrieved there-against, the petitioner filed an appeal before the learned Sessions Judge, Hoshiarpur. Vide judgment dated 3.6.2010, the learned Additional Sessions Judge Hoshiarpur, while upholding the conviction of the petitioner under Section under Section 420 IPC, dismissed the appeal filed by the petitioner, thereby affirming the judgment and order passed by the learned trial Magistrate.

(3.) In the present case, FIR had been registered on the statement of Bakhshish Singh son of Bawa Singh, to the effect that Gurbax Singh and his wife Tarsem Kaur, residents of Mohali, were known to him. He expressed his desire to send his son abroad, whereupon both the aforesaid persons told the complainant that they could help him in this regard and thus, they introduced the petitioner with accused-petitioner Rajinder Kaur. On 20.8.1998, the accused came and took the passport of the complainant's son, namely, Surinderjit Singh and also took an amount of Rs.13,500/- from the complainant and accused-petitioner Rajinder Kaur also issued a receipt in this regard. The accused assured the complainant that Visa would be arranged. It was further alleged that accused-Rajinder Kaur, had received an amount of Rs.1,16,500/- more from the complainant and told him that Visa had been obtained and they would send the complainant's son to Italy. It was further alleged that accused-Rajinder Kaur, her husband Jasjit Singh, Tarsem Kaur and Gurbax Singh again came to the complainant and took Rs.2,20,000/- from him. At that time, Surinderjit Singh, had accompanied them. Thereafter, they arranged a flight for the son of the complainant from Delhi to Moscow on 11.10.1998, but he was in fact, sent to Armania. On reaching there, the complainant's son telephoned him that he was not sent at the proper place. Upon this, the accused raised a further demand of Rs.50,000/-. The complainant also paid the said amount. All the accused had assured the complainant that his son would be properly settled abroad. However, after sometime, the complainant received an intimation that his son had died and his dead-body was lying in some Hospital at Keeve. Despite the best efforts of the complainant, the dead body of his son, could not reach India. It was, thus alleged that all the accused had cheated the complainant of Rs.4,00,000/- for sending his son to Italy, but failed to send him there.