STATE OF HIMACHAL PRADESH Vs. RAVI DUTT

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 acquittal rendered by learned Sessions Judge, Hamirpur, H.P., in Criminal Appeal No. 5U of 2007 dated 14.7.2008, affirming the judgment of acquittal dated 20.7.2007, passed by Judicial Magistrate, Ist Class, Barsar, District Hamirpur, HP, in Case No. 23-1-2003/27-II-2003.

(2.) Briefly stated facts necessary for adjudication of the case are that complainant namely Gupteshwar Singh filed complaint Ext.PW16/A, with the Deputy Commissioner, Hamirpur, which was further referred to police. Perusal of Ext.PW16/A suggests that in July, 2001, Manager Kids Buds Senior Secondary School (in Short School) Bijhar, District Hamirpur, H.P., got advertisement published in the newspaper namely Divya Himachal, wherein candidates were invited/advised to contact for admission in M.Sc. course. Complainant with a view to get admission of his daughter contacted Manager of aforesaid School, whereby he was advised to bring original certificates along with Rs. 30,000/-. As per version of complainant, he paid Rs. 30,000/-to one Shri Anil Kumar, who told him that as and when admission is done, he would be informed. Complainant also handed over the testimonials to Shri Anil Kumar, who had informed him that Ravi Dutt petitioner-accused is out of station. Since petitioner-accused failed to get the admission of the daughter of the complainant done in terms of advertisement, complainant lodged FIR Ext.16/B specifically alleging therein that accused neither got the admission done nor he returned the amount of Rs. 30,000/-paid by the complainant for admission of his daughter. Police on the basis of FIR investigated the matter and took into custody newspaper cuttings of the advertisement as Ext.PW-1/B, two receipts Ext.PW-4/A and Ext.PW-2/A vide memo Ext.PW-7/C, one letter from the office of Divya Himachal Ext.PW-17/A. Record also suggests that police also filed application in the Court of learned ACJM Barsar for getting signatures of accused Ext.PW18/B. Besides above, police also moved an application to State Forensic Science Laboratory Ext.PW-15/G along with hand writing specimen and signatures Ext.PW-15/A to Ext.PW-15/C for examination of documents and procured report Ext.PW-15/D to Ext.PW-15/F. After completion of investigation, police found petitioner-accused guilty of offence having committed under Sections 406 and 420 of Indian Penal Code and accordingly, presented the same in the competent court of law. Police also submitted Supplementary Challan in the case on 19.3.2003.

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