Jharkhand High Court
Deepak Kumar Nayak vs The State Of Jharkhand on 2 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1545 of 2019
....
Deepak Kumar Nayak .... ....Petitioner
-Versus-
1. The State of Jharkhand
2. Suresh Prasad .... ....Opp. Parties
CORAM:-HON'BLE MR. JUSTICE RAJESH KUMAR
.......
For the Petitioners : - Mr. Sarju Prasad, Adv.
For the State : - Mr. Saket Kumar, A. P. P.
.....
The matter was taken up through Video Conferencing. Learned counsels for the parties
had no objection with it and submitted that the audio and video qualities were good.
........
I.A. No. 3811 of 2020
06/02.09.2021 I.A. No. 3811 of 2020 has been filed for exemption from surrender, which has
become infructuous as the petitioner has already surrendered.
Accordingly, I.A. No. 3811 of 2020 is dismissed as infructuous.
Cr. Revision No. 1545 of 2019
Heard learned counsel for the petitioner and learned counsel the State.
The criminal law has put into motion by lodging an FIR in which trial has
been conducted being G.R. Case No. 1966 of 2012 (T.R. No. 20 of 2019) by the
Judicial Magistrate, 1st Class, Ramgarh in which the accused has been charged
under Sections 419/420/406 of the Indian Penal Code. On conclusion of the trial,
he has been convicted under Sections 420 and 406 of the Indian Penal Code. The
conviction order has been upheld by the Appellate Court in Criminal Appeal No.
03 of 2019 vide order dated 31.08.2019. Against the said appellate order, the
present revision has been filed.
As per the allegation, it appears that the appellant impersonating himself as
LIC agent has cheated the victim of Rs. 1300/-.
It has been submitted that conviction under both Sections 420/406 of the
Indian Penal Code is bad in law. Further learned counsel for the petitioner has
confined his prayer for sentencing part only. The petitioner has remained in
custody for about six months i.e. during trial he was in custody for about five
months and thereafter he is in custody since 17.08.2021.
Both the parties are known to each other and they are residing peacefully. On
the above fact, it has been submitted that sentencing part may be reduced and the
petitioner is ready to pay compensation to the victim.
Learned counsel for the State has opposed the prayer.
Having heard learned counsel for the parties and on perusal of the records, it
appears that incident is dated 13.06.2012 wherein it has been alleged that Rs.
1300/- has been cheated from the victim in the name of LIC policy. The petitioner
has already faced trial for about eight years and is in custody for about six months.
The petitioner is aged about 28 years.
Considering the age, nature of allegation and relationship of the parties, the
sentencing part of the judgment dated 31.08.2019 passed by Additional Sessions
Judge-III, Ramgarh in Criminal Appeal No. 03 of 2019 is reduced to the period
already undergone by the petitioner and further considering the mandate of Section
357 of the Cr. P. C. and the amount involved, I, hereby, direct the petitioner to pay
Rs. 5,000/- as compensation to the victim. In absence of the payment of
compensation amount, the petitioner is directed to undergo three months S.I.
With the above modification of the sentencing part, the present criminal
revision is, hereby, disposed of.
I.A. No. 4345 of 2021 stands disposed of.
The Court below is directed to release the petitioner forthwith, after depositing
the compensation amount, if not wanted in any other case.
Let this order be communicated through FAX to the Court concerned.
(Rajesh Kumar, J.)
Kamlesh/
