RAVI DUTT Vs. STATE OF HP

JUDGEMENT

(1.) Present criminal revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure is directed against the judgment of conviction and sentence rendered by learned Sessions Judge, Hamirpur, H.P., in Criminal Appeal No. 41 of 2007 dated 30.5.2008, reversing the judgment of acquittal dated 14.5.2007, passed by Judicial Magistrate, Ist Class, Bilaspur, District Bilaspur, HP, in Case No. III-1-2004/87-II-2004.

(2.) Briefly stated facts as emerge from the record necessary for adjudication of the case are that complaint Ex.PW1/A was sent to Hon'ble the Chief Justice of Himachal Pradesh by the complainants namely Dinesh Kumar, Sanjeev Kumar and Suresh Kumar etc., alleging therein that the petitioner accused Ravi Dutt (hereinafter referred to as 'the accused')deceived them and despite taking money from them, he failed to get their admissions done in the Bachelor of Education Course in the Agra University. As per complainant, in July, 2001, Manager Kids Buds Senior Secondary School Bijhar, District Hamirupr, HP, got advertisement published in the News paper namely Divya Himachal for admission in B.Ed. Courses. Complainants also alleged that each of the applicant gave the accused Rs. 60,000/-, who took them to Agra, where he again took Rs. 10,000/- each from them but despite several promises, they were not got admitted in the University by the accused. Record reveals that Secretariat of Hon'ble the Chief Justice of Hon'ble High Court of Himachal Pradesh directed the Director General of Police, Himachal Pradesh, to investigate the matter. Accordingly on 3.9.2003, complaint was received at Police Station Barsar, District Hamirpur, HP, for necessary action. As per complaint, in the year, 2001, accused assured the complainant Dinesh Kumar and other candidates that he will get their admission done in the B.Ed. Course in the Agra University and in this regard, he demanded an amount of Rs. 60,000/- each from the aspirants including complainant, which was paid to him as per version put forth by the complaint. Complainants also further alleged that though, accused repeatedly assured them that in case their admission is not got done, money would be returned back but money was not paid back. Since accused left them at some unknown place at Agra, they managed to come back to the house of the accused at Hamirpur, HP, where he was not present at that time. But somehow accused met them and refused to make payment. He again reassured that he will get their admission in college at Aligarh. Complainants further stated that when they inquired the matter from the Principal of Vaishnav College, Aligarh, regarding their admissions, they were informed that no admission of them have been made in this college. Complaint also reveals that after one month, accused again called complainants and other aspirants in Delhi and introduced them with one person and stated that he is the Registrar of Agra University. But fact remains that no admission, whatsoever, was got done in any of the college either at Agra or Aligarh. As per complainants, thereafter accused returned their original certificates but refused to pay the money. Thereafter, the complainants filed written complaint to the Hon'ble the Chief Justice of Himachal Pradesh, who in turn forwarded the same to the police for taking necessary action in the matter. Subsequently, on the basis of the complaint Ext.PW10/A, police lodged FIR PW10/D against the accused and arrested him. Police also took in possession one receipt Ext.PW9/A. After completion of investigation, Police came to the conclusion that prima-facie case exists against the accused under Sections 406 and 420 of the Indian Penal Code and filed challan before the competent court of law.

(3.) Learned trial Court after satisfying itself that prima facie case exists against the accused, charged him for committing offences under Sections 406 and 420 of Indian Penal Code, to which accused pleaded not guilty and claimed trial.