Rajinder Singh vs State Of Punjab on 20 September, 2017

207
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRR No. 1344 of 2017 (O/M)
Date of decision : 20.9.2017

Rajinder Singh ………. Revisionist

Versus

State of Punjab ……. Respondent

CORAM : HON’BLE MR. JUSTICE KULDIP SINGH

Present:- Mr. R.K. Saini, Advocate, for revisionist.

Mr. C.L. Pawar, Senior DAG Punjab.

1. Whether the Reporters of local newspaper may be allowed to
see the judgment ?

2. To be referred to the Reporter or not.

3. Whether the judgment should be reported in the digest ?

-.- -.-

KULDIP SINGH J. (ORAL)

Heard.

The learned counsel for revisionist restricts his prayer on the

quantum of sentence only.

In this case, revisionist has been convicted by the learned Sub

Divisional Judicial Magistrate, Rajpura, for offences punishable under

Sections 406, 420 IPC, vide judgment of conviction and order of sentence

dated 5.4.2016 and was sentenced as under :-

“Name of accused Offence Sentence

Rajinder Singh Under Sec. 420 To undergo Rigorous Imprisonment
IPC for a period of one year and also to
pay fine of Rs. 200/-. In default of
payment of fine to further undergo
SI for seven days.
Under Sec. 406 To undergo simple imprisonment for a
IPC period of three months.”

The fine was paid. The appeal against the said judgment was

1 of 2
24-09-2017 01:25:29 :::
CRR No. 1344 of 2017 (O/M) -2-

dismissed by the learned Additional Sessions Judge, Patiala, vide judgment

dated 22.11.2016.

It comes out that the allegations against revisionist are that he

cheated the complainant and obtained Rs. 1,30,000/- from him for sending

his son to Malaysia and arrange a work permit and instead, he arranged a

tourist visa for the son of complainant. It comes out that both the Courts

below have committed grave error while convicting revisionist for offences

punishable under Sections 406 as well as 420 IPC. The allegations are of

cheating and not of criminal breach of trust. Therefore, conviction awarded

to revisionist under Section 406 IPC is hereby set aside. As per the custody

certificate, revisionist has already undergone the actual sentence of about 8

months and 27 days (as on 4.7.2017), which now comes to about 11 months

and 13 days.

Considering the facts and circumstances of the case, the

sentence of revisionist awarded under Section 420 IPC is reduced to the

period already undergone by him. He be released forthwith, if not required

in any other case. Hence, revision is partly allowed.

(KULDIP SINGH)
JUDGE
20.9.2017
sjks

Whether speaking / reasoned : Yes

Whether Reportable : No

2 of 2
24-09-2017 01:25:31 :::

Leave a Comment

Your email address will not be published. Required fields are marked *