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1959 Supreme(AP) 194
Andhra Pradesh High Court
Judges : MUNI KANNIAH
In Re: K.Rama Rao - Appellant
Versus
. - Respondent
Decided On : 10-22-59
The offence of cheating by personation under Section 419 I. P. C. is established when a person fraudulently induces another person to deliver any property by falsely representing himself to be another person.
Headnote:
CRIMINAL LAW - CHEATING BY PERSONATION - SECTION 419 I. P. C. - PUBLIC SERVICE COMMISSION - DAMAGE OR HARM - SECTION 415 I. P. C. - OFFENCE OF CHEATING BY PERSONATION ESTABLISHED - CONVICTION UNDER SECTION 420 I. P. C. SET ASIDE - SENTENCE REDUCED.
Fact of the Case:
The accused applied to the Madras Public Service Commission for the post of a supervisor (Civil Engineering) and stated in his application that he held the degree of B. E. (Civil), Mysore University. The Public Service Commission selected him as one of the candidates for appointment. The accused had been appointed by the Chief Engineer temporarily as supervisor, and when he appeared before the Public Service Commission, he held this temporary post. He was employed as the supervisor and promoted as junior Engineer and held the post till 12-3-1956, when he was arrested at Adoni.
Finding of the Court:
The court found that the accused had earlier worked as an overseer under the name of K. V. Rama Rao and that he had obtained the provisional certificate which he relied upon as entitling him to B. E. , degree by personating another person.
Issues: 1. Whether the accused had cheated by personation by representing himself as K. Rama Rao, a graduate of the Mysore University, to the Public Service Commission. 2. Whether the Public Service Commission suffered damage or harm as specified in Section 415 I. P. C. 3. Whether the conviction of the accused under Section 420 I. P. C. was sustainable.
Ratio Decidendi: 1. The court held that the accused had cheated by personation by representing himself as K. Rama Rao, a graduate of the Mysore University, to the Public Service Commission. The court relied on the evidence of witnesses who had known the accused as K. V. Rama Rao, an overseer, and on the fact that the accused had obtained the provisional certificate by personating another person. 2. The court held that the Public Service Commission suffered damage or harm as specified in Section 415 I. P. C. The court reasoned that the Public Service Commission's reputation was affected by the accused's fraudulent inducement to select him by mentioning false details in his application. 3. The court held that the conviction of the accused under Section 420 I. P. C. was not sustainable. The court reasoned that the Public Service Commission did not deliver any property to the accused and that the appointment of the accused was not by the Public Service Commission but by the Government.
Final Decision: The court upheld the conviction of the accused under Section 419 I. P. C. and reduced the sentence to rigorous imprisonment for a period of one year and three months. The court set aside the conviction of the accused under Section 420 I. P. C.
( 1 ) THIS revision petition is filed by the sole accused who had been convicted by the Judicial First Class Magistrate, Adoni, for offences under Sections 419 and 420 I. P. C. , and sentenced to rigorous imprisonment for two years on each count. The sentences were ordered to run consecutively.
( 2 ) THE facts admitted by the accused may first be set out. On 1-11-1948, the accused applied to the Madras Public Service Commission for the post of a supervisor (Civil Engineering) and stated in his application Ex, P-41 the following:"kunigal Ramarao, son of K. Narayana Rao, occupation landlord, residing in Basant Road, Bezwada; place and date of birth Nellore and 11-6-1922; highest qualification possessed in Engineering (Col. 8) held the decree of B. E. (Civil), Mysore University and enclosed a provisional certificate obtained from the University of Mysore and because of the degree claimed to be qualified for service. "the Public Service Commission considered this application of the accused before whom he appeared on 17-2-1949 and selected him as one of the candidates for appointment. Soon after he applied to the Public Service Commission i. e,, on 6-11-1948, he had been appointed by the Chief Engineer temporarily as supervisor, and when he appeared before the Public Service Commission, the accused held this temporary post. He was employed as the supervisor and promoted as junior Engineer and held the post till 12-3-1956, when he was arrested at Adoni.
( 3 ) IT may be mentioned that the findings of both the lower courts established two sets of circumstances against the accused. The first is that the accused representing himself to be K. V. Rama Rao holding the qualifications of a licentiate in Civil Engineering from the Engineering College, Guindy, Madras, secured the post of an overseer and was appointed as such in D. O. No. 2173/gl/ 47 on 2-5-1947. The accused was then made himself known as K. V. Ramarao and was first posted to Jagannadhagiri Section and later transferred to Western Division (West Godavari District ). While so in employment, it happened on 28-6-1948 that the accused was beaten, by his laskers and this led to his suspension and discharge from service. His whereabouts thereafter were not known. In respect of this P. Ws. 1, 2, 3. 8 and 17 have been examined. P. W. 1 was the Chief Engineer to whom K. V. Rama Rao applied for the post. P. W. 2 worked as Irrigation Gumasta in P. W. D. from 1-2-194 8/06/1950, He resided at Chilkampadu where the accused worked as Overseer in the same section and used to reside in a house adjacent to that of the accused. He conveyed the news of the accused being beaten by the laskers to the Assistant Engineer by telephone, The accused left the place and was not heard of thereafter. P. W. 3 was the overseer of Madapeta Section from October 194 6/06/1949. He knew that the accused was working as an overseer and that the accused was known as K. V. Rama Rao. He speaks to the taking of a group photo Ex. P-16 on the eve of retirement of an overseer Sri P. A. B. Ramamurthy. He identified that he was sitting first from the left while the accused was sitting third from the left, and Sri P. A. B. Ramamurthy was third from the right. P. W. 8 who is a landlord and contractor of P. W. D. knew the accused who then styled himself as K. V. Rima Rao. He stated that he was the contractor for the work as noted in Exs. B-16 and P-37 and that the bill Ex. P-38 was prepared by the accused and that he had been paid by cheque a sum of Rs. 124. 00 in payment of the bill. P. W. 17 is a Retired Assistant Engineer of P. W. D. who was the sub-divisional Officer-in-charge of the Undi Sub-Division in West Godavari during the period between 1947 and 1948. He knew the accused as a Section Officer known by the name of K. V. Rama Rao and he corroborated P. W. 8 in regard to his work as a contractor. He also made the report about the beating of the accused by the laskers and savs that the accused was subsequen
