Case Note & Summary
The State of Maharashtra filed an appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 21-3-1997 passed by the Additional Sessions Judge, Pune, which acquitted the respondent, Rekha Ramakant Rahalkar, of a charge under Section 420 of the Indian Penal Code, 1860. The case arose from a complaint by Nitin Bhosale, who alleged that the accused, a congress party worker, promised him and others government jobs in exchange for money. The complainant claimed that in June 1993, he met the accused through one Ms Saitwadkar and another person, Vijay Phakatkar. The accused allegedly stated she had contacts in Delhi and Mumbai and could arrange jobs. On 5-7-1993, the complainant gave an application for a clerk job for himself and a peon job for his brother, paying Rs.2000 out of the total demanded Rs.9000. The accused allegedly failed to provide the jobs or return the money. The trial court acquitted the accused, leading to the present appeal. The High Court examined the evidence and found that the complainant's testimony was not reliable, as there were contradictions with other prosecution witnesses. The court noted that the complainant had not produced any documentary evidence of payment and that the other witnesses (PW-2 to PW-11) gave inconsistent statements. The court held that the prosecution failed to prove the case beyond reasonable doubt and that the trial court's findings were not perverse. Consequently, the appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Cheating - Section 420 Indian Penal Code, 1860 - Acquittal Appeal - The State appealed against acquittal of accused charged with cheating by promising government jobs for payment. The High Court held that the prosecution failed to prove the case beyond reasonable doubt, as the complainant's testimony was unreliable and there were material contradictions in the evidence of other witnesses. The appeal was dismissed, affirming the acquittal. (Paras 1-12) B) Criminal Procedure - Appeal against Acquittal - Section 378(4) Code of Criminal Procedure, 1973 - Scope of Interference - The High Court reiterated that in an appeal against acquittal, the appellate court should not interfere unless the findings of the trial court are perverse or unreasonable. The court found no such perversity in the impugned judgment. (Paras 1-12)
Issue of Consideration
Whether the judgment of acquittal passed by the Additional Sessions Judge, Pune, in favour of the respondent-accused for an offence under Section 420 of Indian Penal Code is perverse and liable to be set aside.
Final Decision
The High Court dismissed the appeal and upheld the judgment of acquittal passed by the Additional Sessions Judge, Pune, dated 21-3-1997.
Law Points
- Acquittal appeal under Section 378(4) CrPC
- standard of proof in criminal cases
- appreciation of evidence in cheating cases
- presumption of innocence
- benefit of doubt
