JUDGEMENT
JASJIT SINGH BEDI,J. -
(1.)The present revision petition has been filed against the judgment of the learned Additional District and Sessions Judge, Rewari dtd. 15/11/2021, whereby the appeal of the petitioner against the judgment of the learned Judicial Magistrate, 1st Class, Rewari dated 14/15/1/2019 (P-2) convicting him under Sec. 420 IPC and sentencing him to one year rigorous imprisonment and to pay fine of Rs.1000.00, has been dismissed.
(2.)The brief facts giving rise to the present petition are that complainant-Subedar Sadhu Ram Yadav PW-3 moved an online complaint before the Police as well as before SBI General Manager to the effect that he was serving in the Army. On 28/1/2016 at about 18.00 hrs while he was in journey to rejoin his unit he went to the SBI ATM Counter, Railway Station, Rewari for withdrawing a sum of Rs.3000.00. When he entered the ATM Pin, the ATM machine did not respond. He tried thrice but no response was received. Thereafter, some other persons had also tried to make a withdrawal but the machine did not accept his pin also. Thereafter, he went to another ATM counter (i.e. SBI, Main Branch, Rewari-2) but there also he could not withdraw any amount. However, he meanwhile received a message thereafter regarding the withdrawal of Rs.40,000.00 on his registered mobile No.8884296341. The complainant subsequently took a mini statement which also showed an ATM withdrawal of Rs.40,000.00. Thereafter, he lodged an FIR on the SBI toll free number and registered a complaint. The complainant thus, requested for the registration of a zero FIR and a request was also made by him to the Bank authorities for providing video footage of the transaction of withdrawal.
(3.)On the basis of above complaint, the investigation was started and the CCTV footage of the time of the incident was taken. Thereafter, on 21/4/2016, the petitioner who was arrested in case bearing FIR No.16/16 under Sec. 420 IPC suffered a disclosure statement that on 28/1/2016 also he had withdrawn Rs.40,000.00 from ATM Railway Station, Rewari. Thereafter, in pursuance of his disclosure statement he had got recovered Rs.40,000.00. Though in his disclosure statement, the petitioner/convict had also stated that he along with his accomplice Sandeep had committed the present offence but during investigation, it was found that alleged accomplice Sandeep was lodged in District Jail, Jhajjar from 31/1/2016 to 10/2/2016. Thereafter, challan was presented against the appellant in FIR No.29 dtd. 12/3/2016 at Police Station GRPF, Rewari.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.