Manish Pitale JUDGMENT
Manish Pitale, J.
1. By this revision application, the applicant (original accused) has challenged judgments and orders of two Courts below, whereby he stood convicted and sentenced for offences punishable under sections 419, 420, 465 and 468 of the Indian Penal Code. The sentences for the said offences range between 3 months and 3 years which were directed to run concurrently.
2. The complainant caused an FIR to be registered against the applicant by submitting a written report dated 22/12/2001, claiming that the applicant had taken a sum of Rs. 65,000/-from him on a false promise of arranging for his appointment in service in the Police Department. It is claimed that the applicant posed himself to be working in the Traffic Department of the Police and on that basis cheated the complainant and committed the said offence. It was claimed that the said actions were undertaken by the applicant about 5 to 6 months prior to registration of the FIR and the delay was because, initially the applicant had promised to return the amount that had been taken from the complainant. During the course of investigation, it came to light that there were other persons, who had been similarly duped by the applicant. On the basis of the material that came on record, the Court of Judicial Magistrate First Class, Gondia, framed charge against the applicant and the trial commenced.
3. The prosecution examined 8 witnesses in support of its case, of whom PW-1, PW-2 and PW-3 were panch witnesses, for recovery of identity cards, belt, motorcycle, etc., who turned hostile during the recording of evidence. PW-4 Sanjay was the complainant, who gave evidence in support of the allegations made by him in the report leading to registration of FIR. PW-5 Mahesh also claimed to be one of the victims of the applicant and stated that the applicant had taken Rs. 46,000/-from him on the promise of arranging for appointment in the Police Department and when the applicant could not return the amount, he allegedly transferred the motorcycle in question in the name of the said witnesses. PW-6 Nitin also made similar allegations against the applicant and claimed to have been duped to the extent of Rs. 46,000/-. PW-7 Vijay was the brother of the complainant and he vouched for the fact that the applicant had cheated his brother i.e. the complainant to the extent of Rs. 65,000/-. PW-8 Bhaiyalal Thakare was the Investigating Officer, who deposed in respect of the seizure of Police uniform, photographs, rubber stamps, identity card, etc. during the course of investigation. Upon completion of recording of evidence, the statement of the applicant under section 313 of the Criminal Procedure Code was recorded.
4. By judgment and order dated 13/07/2011, the Court of Magistrate found the applicant guilty under sections 171, 419, 420, 465 and 468 of the Indian Penal Code sentencing him to imprisonment for periods ranging between 3 months and 3 years. Aggrieved by the same, the applicant filed appeal before the Sessions Court. By the judgment and order dated 23/07/2012, the Sessions Court partly allowed the appeal of the applicant, holding that the offence under section 171 of the Indian Penal Code was not made out, but confirmed and maintained the remaining part of the conviction and sentence imposed by the Court of Magistrate. The applicant filed the present revision application and by order dated 07/0........