STATE OF HIMACHAL PRADESH Vs. MAN SINGH RANA

JUDGEMENT

(1.) The respondent was allegedly running a Travel Agency. The case of the prosecution is that PW-1 Ranjit Kumar, PW-2 Ram Dass, PW-4 Shiv Pal, PW- 6 Kashmir Chand, PW-7, Milkhi Ram, PW-9 Ved Prakash, PW-13 Amar Nath, PW-14 Dharam Chand, PW-15 Prakash Chand and PW-17 Rajinder Kumar were duped by the respondent, hereinafter referred to as "the accused " to provide them job in foreign country, as such, collected money from each of them ranging between Rs. 14,300.00 to Rs. 17,000.00. Instead of getting working visa, the accused is alleged to have managed the tourist visa to Syria, thus, managed their flight from Bombay on 13th June, 1984. When they landed at Syria airport, they were not having any money. The authorities asked them to produce show money, but when they could not do so, they were handed over to police. The police contacted embassy at Bombay and it was thereafter that the accused allegedly managed to send 200.00 dollars per person. Thereafter, they were let off. As per the statements of the prosecution witnesses, a person was deputed with them who took them in a military vehicle to some other place, from there they entered the boundaries of Lebanon, where they were caught by the police being the illegal entrants. Thereafter, they were deported to India.

(2.) PW-17 Rajinder Kumar lodged the FIR. PW- 18 Bhag Singh, the then Sub Inspector, CIA Staff, commenced the investigation. He raided the office of the accused and took into possession some furniture lying therein vide memo Ext. PW-3/A. The accused was arrested. Pursuant to the statement recorded under Sec. 27 of the Evidence Act, he got recovered one photo copier alongwith pass port Ext. P-11, writing pad Ext. P-10 and diary Ext. P-8, which were taken into possession vide Memo Ext. PW-4/A. The police also took into possession passports of Kashmir Chand Ext. PW-6/A vide Memo Ext. PW-9/A, Prakash Chand Ext. P2 and Amar Nath Ext. P-1 vide memo Ext. PW-2/A. After recording the statements of the aforesaid witnesses, the police concluded the offence punishable under Sec. 420 of the Indian Penal Code against the accused, as such, challan was prepared and presented in the learned trial Court for his trial.

(3.) The accused was accordingly charge sheeted for the aforesaid offence. The prosecution led its evidence. At the end of the trial, he was convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,00,000.00 with the default clause. It was also ordered that in case the fine amount is realized, the amount received by the accused from each of the aforesaid persons, be refunded to them.