JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. This revision application is directed against the judgment dated 20.06.2007 passed by Additional sessions Judge-FTC VI, Dhanbad in criminal appeal No. 152/2006 whereby the judgment of conviction and order of sentence dated 26.6.2006 passed by learned J.M. 1st Class, Dhanbad corresponding to G.R. No. 3801/2003, T.R. No. 1201/2006, wherein the petitioner was convicted for the offence under Section 419 IPC and sentenced to undergo R.I. for a period of two and half years, has been affirmed and the appeal filed by the petitioner was dismissed.

3. The brief fact of the case as per the prosecution story is based on the written report (Ext-3) of the informant Sheo Chandra Choudhary (PW-1), Police Inspector-cum-Officer-in Charge, Dhanbad PS addressed to the CJM, Dhanbad stating inter-alia that he was directed to make an inquiry on a written report submitted to Superintendent of Police, Dhanbad by Dr. Leena Priya of Manoram Nagar, Dhanbad whereby she alleged that an unknown man had demanded a sum of Rs.5 lakhs from Dr. Leena Priya. It is also alleged in the FIR that when Dr. Leena Priya asked his name then he told his name as Ramadhin Singh and thereafter he disconnected the phone call. Dr. Leena Priya got the number of call as 9835102399 on her ID Caller. Thereafter she requested the Superintendent of Police, Dhanbad to inquire into the matter and protect her life. On this petition, the Superintendent of Police, Dhanbad directed the informant who being Officer-in-Charge of Dhanbad PS made an entry in the Station Diary and started to verify the matter and make inquiry therein. The informant allegedly verified the truth from Reliance Company and came to know that the said number was registered in the name of Pramod Sachdeva. The informant also got information from the exchange of Reliance Mobile as to how many outgoing calls were made from 27/10/2003 to 29/10/2003. The informant came to know that the man had called on telephone no. 2307095 belonging to Dr. Ram Lakhan Prasad, Telephone No. 2306762 belonging to Ashok Kumar Gupta, Telephone No. 2462225 belonging to Dr. Manjeet Singh, Telephone No. 2207532 belonging to Pragati Nursing Home, Saraidhela and on Telephone No. 065400293130 belonging to Singhbhum Mining Operation, Kumardhubi. The informant asked Pramod Sachdeva in course of inquiry and came to know that Pramod Sachdeva had a mobile bearing no. 9835103399 which was lost at the Railway Station, Dhanbad and for which Pramod Sachdeva had lodged a report with GRP Dhanbad. It is also alleged in the FIR that the informant, in course of inquiry, came to know from the customers of the above mentioned telephone numbers that an unknown man claiming himself to be Ramadhin Singh had demanded Rs 2 lakhs, Rs.5 lakhs, and so on. The informant also came to know from Dr. Ram Lakhan Prasad that the unknown caller had inquired from him as to why transfer of Didar Singh had not been stayed. The informant allegedly came to the revisionist who confessed his guilt before the Police that he had got one mobile set bearing No. 9835103399 and had called on the above numbers.

On the basis of said confessional statement before the police, the police allegedly recovered one SIM card torn in three pieces from the place disclosed by the petitioner. The police also allegedly seized two mobile phone sets having no. 03263102151 of Reliance India and another number 9835325308 of Samsung Mobile. The informant claimed that the accused used the stolen SIM Card and demanded several lakhs of rupees from different persons disclosing his name as Ramadhin Singh. That on the basis of the said written report of the informant, Dhanbad PS Case No. 698 of 2003 u/s 419, 420, 386, 387 IPC was registered on 1/10/2003 against the petitioner and a formal FIR (Ext-4) was drawn in this regard. After conclusion of the investigation, police submitted charge sheet against the accused-petitioner and on the basis of the cha