ORDER :

Prayer: Revision petition filed under Sections 397 r/w 401 of Cr.P.C. to setaside the conviction and sentence passed in C.C.No.157 of 2002 on 10.10.2013 by the learned Judicial Magistrate No.VI, Combatore, and having been confirmed by the learned IV Additional District & Sessions Judge, Coimbatore on 05.08.2014 in C.A.No.173 of 2013 and acquit the petitioner herein so that justice may be done.

(The case has been heard through video conferencing)

This Criminal Revision Case Crl.R.C.No.922 of 2014 was originally filed by the 1st accused viz. K.Saravana Kumar @ Samsudeen, aggrieved by the judgment of the learned Judicial Magistrate No.VI, Coimbatore dated 10.10.2013 in C.C.No.157 of 2002 whereby the petitioner was convicted for an offence u/s.120(B) and imposed punishment of six (6) months Rigorous Imprisonment and fine of Rs.1,000/- and in default to pay the fine one (1) month Rigorous Imprisonment and for the offence u/s.420 (26 counts), three (3) years Rigorous Imprisonment in respect of each count and Rs.1,000/- as fine in respect of each count and in default of payment of fine, nine (9) months Rigorous Imprisonment, for the offence of 465, one (1) year Rigorous Imprisonment and fine of Rs.1,000/- in default to undergo three (3) months Rigorous Imprisonment and for the offence of 468 r/w 471 (26 counts) and imposing punishment of three (3) years Rigorous Imprisonment in respect of each count and fine of Rs.1,000/- in each count and in default to pay the fine amount nine (9) months Rigorous Imprisonment in respect to each count and the judgment of the IV Additional District and Sessions Judge, Coimbatore, on 05.08.2014 in C.A.No.173 of 2013, thereby dismissing the appeal and confirming the conviction and sentence imposed by the trial Court.

2. On 30.01.2002 P.W.1 lodged a complaint before the Inspector of Police, City Crime Branch, Coimbatore, stating that the 1st accused was the President of the District Builder's Association and during October 2001, promising to get a job for P.W.1's daughter viz. Sumathi, stating that they know the authorities in the Coimbatore Municipality and promising to get her a job of technical assistant, totally on two occasions obtained a sum of Rs.1,20,000/- and thereafter on 28.01.2002 they received a job offer by registered post and upon verification with the Coimbatore Municipality, they found that the said order was bogus, therefore the complaint. P.W.31, the Inspector of Police took up the case for investigation and he actually found that, apart from P.W.1, the accused have conned another 25 persons by promising them to get employment in different organizations during the period 1999 upto 2002 and have cheated a total sum of Rs.18,08,300/- and therefore after examining the witnesses and completing the investigation laid a charge sheet proposing both the accused guilty of the offences punishable u/s.120(B), 465, 420 (26 counts), 468 r/w 471 (26 counts).

3. The case was taken on file as C.C.No.157 of 2002 by the learned Judicial Magistrate No. VI, Coimbatore and upon summoning the accused and furnishing copies u/s.207 Cr.P.C., the accused denied the charges and stood trial.

4. Thereafter, the prosecution examined P.W.1 to P.W.31 and marked Ex.P1 to Ex.P47 and rested its case. Upon questioning of adverse evidence and circumstances on record u/s.313 Cr.P.C. the accused denied the same as false. The learned Magistrate, thereafter, proceeded to hear the learned Additional Public Prosecutor (Grade II) on behalf of the prosecution and the learned counsel for the accused and by judgment dated 10.10.2013 found that P.W.1 to P.W.29 all these persons being victims, who are conned by the accused by making false promises that they will get employment in various Government organizations and by providing them with fake / bogus / forged orders of appointment, which are all also marked as Ex.P2 to Ex.P28, found that the prosecution has proved the offences beyond any reasonable doubt and convicted the accused