ORDER

Preface:

This Criminal Revision is directed against the concurrent conviction of the petitioner/Accused No.1 for offences under Sections 406 and 420 IPC, as confirmed in C.A. No. 14 of 2022 by the learned IV Additional District and Sessions Judge, Madurai, arising from C.C. No. 1232 of 2019 on the file of the learned Judicial Magistrate No. II, Madurai. While re-examining the conviction and sentence under Sections 397/401 Cr.P.C., 1973, this Court also records the subsequent developments before it concerning restitution to the victims and considers the appropriateness of extending the benefit of the Probation of Offenders Act, 1958 (“PO Act”).

Case of the Prosecution :

2. The de-facto complainant Mohammed Rakip (PW1) and victim Saravanakumar (PW2) were reception/administrative staff at Vadamalayan Hospital, Madurai. Accused No.1, Krishnakumari @ Praghalya, a resident of Krishnanagar/Thiruppalai, Madurai, and Accused No.2, Aso Jebro Samuel, a Kenyan national, then residing at Madurai, allegedly represented that 2^nd Accused's father was running a hospital in Cuba and induced PW-1 and PW-2 to part with monies on the promise of overseas employment. On diverse dates, i.e., 23.04.2018