The need for clear and cogent evidence, including documentary evidence, to prove the offence of cheating under section 420 of the Indian Penal Code.

JUDGMENT :

S. K. SAHOO, J.

This is an appeal under section 378 (1) and (3) of the Code of Criminal Procedure preferred by the State of Orissa challenging the impugned judgment and order dated 08.12.1995 passed by the learned Chief Judicial Magistrate, Cuttack in Vig. G.R. Case No.31 of 1989 in acquitting the respondent Ananda Chandra Das of the charge under section 420 of the Indian Penal Code for commission of the offence of cheating as against the informant.

2. The prosecution case as per the First Information Report (Ext.5) lodged by Rabindra Mohan Sahoo (P.W.7) before Superintendent of Police, Vigilance, Cuttack Division, Cuttack on 07.09.1989 was that the informant had passed P.E.T. (Physical Education Teacher) training in the year 1981-82. He appeared in an interview conducted by Harijan & Tribal Welfare Department, Bhubaneswar for the post of P.E.T. on 25.05.1986. Two to three days after facing the interview, the informant met the respondent at Baramba who was serving as a teacher in Damangadia U.P. School. The respondent told the informant that he had got close acquaintance with some of the officers of Harijan & Tribal Welfare Department and he would secure a job in the event the informant pays bribe to those officers. The respondent asked the informant to arrange the bribe amount and after three days, the respondent called the informant and told him that he had talked with the officers and they had agreed to give the informant a job on getting Rs.13,000/-. With much difficulty, the informant arranged a sum of Rs.12,200/-and handed over the same to the respondent on 19.06.1986 near the Baramba Court premises in presence of co-villager Chandrakanta Sahoo (P.W.1) and another Dilip Kumar Das (P.W.3) of village Krushnachandrapur. In spite of fulfilling the demand of the respondent, the informant was not provided with a job as assured and on being asked about the same, the respondent on different pretext took time to do the needful. On 26.08.1988, the informant crossed the age of twenty eight years which was the maximum age limit for getting a government job and accordingly, he asked the respondent to refund the money but the respondent did not comply. The informant complained before the gentlemen against the respondent for which a meeting was convened on 20.09.1988 near Baramba weekly market in the house of one Abhaya Charan Choudhury (P.W.5) and in the said meeting, apart from P.W.5, Rabindra Kishore Rana, Laxminarayan Pattnaik, Mahendra Kumar Mohapatra and Chandrakanta Sahoo (P.W.1) were present. In presence of all the gentlemen, the respondent admitted to have taken the money from the informant but told that he had spent Rs.3,000/-on account of his frequent visit to Bhubaneswar. The gentlemen after hearing from the respondent, asked him to refund the balance of Rs.9,200/-to which the respondent agreed but in spite of repeated assurance, the respondent did not fulfill his promise for which the informant first complained before Baramba Police Station and as the same did not yield any result, he presented the First Information Report before Superintendent of Police, Vigilance.

3. On the basis of such written report, the Superintendent of Police, Vigilance directed the Officer in Charge of Vigilance Police Station, Cuttack to register the case and accordingly, Cuttack Vigilance P.S. Case No.31 of 1989 was registered on 07.09.1989 under section 420 of the Indian Penal Code and P.W.8 Keshab Chandra Sethi, Inspector of Vigilance, Cuttack was directed to take up investigation.

During course of investigation, P.W.8 examined the informant, visited the village of the informant and examined some witnesses. He also visited the spot and prepared a spot map (Ext.7) and seized a Panchayat Rufanama on 11.09.1989 under seizure list (Ext.4) in presence of the witnesses and also seized Station diary entry book of Baramba Police Station containing the entries from 06.01.1989 to 23.02.1989 under seizure list (Ext.8). The station diary entry dated