IMPORTANT POINT
The judgment emphasizes the importance of recording the complainant's statement and the sufficiency of evidence to establish guilt beyond a reasonable doubt in criminal cases.

JUDGMENT :

Virender Singh, J.

Petitioners have filed the present revision petition, against the judgment of conviction, dated 01.09.2015 and order of sentence dated 04.09.2015, passed by the learned Additional Sessions Judge-II, Shimla, District Shimla, H.P. (hereinafter referred to as the ‘First Appellate Court’), in Criminal Appeal No. RBT 218-S/10 of 14/11, titled as ‘State of Himachal Pradesh vs. Hari Dass and another’.

2. Vide judgment of conviction and order of sentence, as referred-to-above passed by the learned Appellate Court, the learned Appellate Court has allowed the appeal filed by the State, which has been preferred against the judgment of acquittal dated 14.01.2011, passed by the Court of learned Judicial Magistrate First Class, Court No.4, Shimla, District Shimla, H.P. (hereinafter referred to as the ‘learned trial Court’) in Police Challan RBT No. 49/2 of 06/04 titled as ‘State of Himachal Pradesh vs. Hari Dass and another’.

3. Vide judgment of conviction and order of sentence as referred-to-above, the learned Appellate Court has set aside the judgment of acquittal and convicted and sentenced petitioner Hari Dass for the offences punishable under Sections 170, 467, 468 and 471 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), whereas, petitioner Prakash Chand was convicted and sentenced for the offences punishable under Sections 467 and 468 IPC as under:-

1. That convict Hari Dass is hereby sentenced to undergo rigorous imprisonment for six months and Rs.5000/- to for pay fine of the offence punishable under Section 170 IPC and in default of payment of fine he shall further undergo simple imprisonment for one month.

2. That both the convicts are hereby sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.10,000/- each for the offence punishable under Section 467 IPC and in default of payment of fine they shall further undergo simple imprisonment for three months.

3. That both the convicts are hereby sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.5,000/- each for the offence punishable under Section 468 IPC and in default of payment of fine they shall further undergo simple imprisonment for one month.

4. That convict Hari Dass is hereby sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.5000/- for the offence punishable under Section 471 IPC and in default of payment of fine he shall further undergo simple imprisonment for one month.

4. The learned Appellate Court, however, has ordered that all the sentences shall run concurrently.

5. For the sake of convenience, the parties to the present lis, are hereinafter referred to, in the same manner, as were, referred to, by the learned trial Court.

6. Brief facts, leading to the filing of the present revision petition, before this Court, may be summed up, as under:-

6. 1. Police of PS Sadar Shimla has submitted a report under Section 173(2) Cr.P.C in case FIR No. 328 of 2003, dated 15.10.2003, registered under Sections 170, 420, 467, 468 and 471 IPC. The said report was submitted against both the accused persons on the ground that on 15.10.2003, ASI Dharam Singh along-with other police officials was on patrolling duty and was present at Ridge near Padam Dev Complex, then, one Ajay Kumar son of Damodar Dass was selling boiled eggs. He has apprised ASI Dharam Singh that the person standing by his side is harassing him and proclaiming himself to be the CIA Incharge. The said person has also shown his identity card to Ajay Kumar. According to Ajay Kumar, he has suspicion that he is a false CIA Incharge, upon which, ASI Dharam Singh, inquired about the name and address of that person, who has disclosed his name as Hari Dass son of Hari Ram, resident of village Patta, P.O. Saryaanj Tehsil Arki, District Solan, H.P and stated to be working as Care Taker in A.G. Office, Shimla. Hari Dass was having an identity card bearing No. 336, of Himachal Pradesh Police, in which, his rank has been