The judgment established the interpretation and application of criminal intimidation, extortion, and cheating under the Indian Penal Code.

Krishnan, J.

1. In this case, the accused was convicted, by the Sub-Divisional Magistrate of Mannargudi, under Sections 420 and 507, Indian Penal Code and sentenced to rigorous imprisonment for two years. On appeal, the Sessions Judge of West Tanjore came to the same findings of fact, but altered the conviction to one under Sections 385 and 508, Indian Penal Code, holding that Sections 420 and 507, Indian Penal Code, were not the proper sections, applicable on the facts; he also reduced the sentence to 21 months rigorous imprisonment. In revision it is argued that on the facts found, no offence has been committed, by the accused, under Sections 385 and 508, Indian Penal Code, as all the necessary ingredients of those offences are not made out; and that in any event the Sessions Judge was wrong in convicting the accused under these sections, as he had not been charged under thorn and that the proper order if any would have been one for a re-trial.

2. The facts found are that the accused sent two anonymous letters, Exs. A and B by post, to one Abdul Jaffer, a well-to-do Mahomedan of Koothanallar, son of one Natharkanni Rowther, recently deceased, purporting to come from the deity at Nagoro (Nagore Andavar), directing him to pay certain sums of money, to a person, specified in the letters, whom he was to seek out and threatening him with ruin and death from divine displeasure, if he failed to do so. As reference was made to the recent death of his father, Natharkanni, as having resulted from disobeying such warnings, Abdul Jaffer was frightened and he and his brother-in-law, P.W. 2, went to the place named, with Rs. 300 and there met the accused. On that occasion, for some reason or other, the accused denied that he was the person they, were in search of and ridiculed their taking the anonymous letters seriously. Seeing that Abdul Jaffer went away and did nothing more thereafter, the accused went to Koothanallur and pretended that he had two letters, Exs. C and D, from the God at Nagore, wherein he was commanded to go to Jaffer and explain the serious situation to him and to receive Rs. 300 from him. He also showed them the identification mark, mentioned in Ex. B, a big mole on his left arm, to convince Jaffer that he was the man referred to Jaffer was anxious to pay, but his brother-in-law, P.W. 2, dissuaded him from doing so that day; and the accused was not paid then and he went away. Very shortly after, Jaffer, received another letter, Ex. E, found by the lower Courts to have been sent by the accused, saying that that was the last communication that he would receive and that dire consequences would follow without further warning. It was signed "Andavan" and purported to come from God himself. On receiving this letter, Jaffer got alarmed and sent for the accused; in the meanwhile, his brother-in-law had informed the police of what had happened. The accused came to Jaffers house and discussed the matter with him and two others and agreed to receive three currency notes of Rs. 100 each, if offered on a silver plate, with sugar and fruits. On the offer being so made, the accused took the notes and put the bundle under his arm-pit and was leaving the house, when he was arrested by the Police. Jaffer seems to have been satisfied with the transaction, as he thought he had thereby averted the threatened danger to him and his family.

3. It is on the above facts that we have to decide what offence the accused had committed. One of the sections under which the accused was convicted, by the first Court is Section 507, Indian Penal Code. It is a kind of criminal intimidation. The offence of, criminal intimidation is defined in Section 503, Indian Penal Code. The Sessions Judge was of opinion that the injury mentioned in it must be an injury to be inflicted by some act of the offender and that as here the threat was in the nature of an intimation of divine displeasure, the offence did not fall under criminal intimidation. It seems to me