1
IN THE COURT OF V ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION)
-CUM- JUDICIAL MAGISTRATE OF I CLASS FOR MOBILE COURT,
CHITTOOR
PRESENT: Smt J. Keerthana V Addl. Civil Judge (Junior Division)-cum- Judl. Magistrate of I Class for Mobile Court, Chittoor.
Thursday, the Eighth (08 th ) day of August, 2024.
C.C.No.388/2023 Between :-
State through the Sub-Inspector of Police, Central Crime Station, Chittoor. Complainant.
And
A3/Biddika Nirmala, w/o Siddaiah, age 29 years, r/at D.No.2-5-252, Pedda Street, Srikakulam, Andhra Pradesh. Accused/A3
This case came up before me for final hearing on 04.07.2024 in the presence of Sri the Learned Assistant Public Prosecutor for the State/Complainant and of Sri. G.Madhusudhan, Legal Aid Counsel for the accused; and upon hearing the arguments on both sides and on perusal of all relevant records this court delivered the following:-
J U D G M E N T
The Sub Inspector of Police, Central Crime Station, Chittoor filed charge sheet against the accused/A3 in Crime No.03/2020 for the offence punishable Under section 420 r/w 34 of Indian Penal Code (in short called as IPC.)
2.The case of the prosecution is as follows :
(a)Prior to 18.02.2020 at Chittoor Town, one Kiran Kumar introduced LW.2 Rushikesh to over phone with dishonest intention. Then,
Shobha Rani lured one Shobha Rani/LW.2 with false promise of providing government job in Guntur Court. On believing the words of Shobha Rani, 2
LW.2 transferred an amount of Rs.2,00,000/- to the ICICI Bank account
No.630701536072, provided by her. Further, Shobha Rano contacted accused/A3 and introduced the defacto complainant to accused/A3 with dishonest intention. Then accused lured the defacto complainant with false promise of providing jobs in different Government wings to any of his relatives and known persons. On believing the words of accused, the
LW.1 gave an amount of Rs.12,85,000/- to her, after collecting the amounts from Lws 3 to 9. Finally, the accused Shobha Rani and Krian
Kumar cheated the complainant and 8 others i.e., Lws. 2 to 9 of
Rs.16,83,900/- on the false promise of providing Government jobs in different government wings.
(b)Basing on the complaint of LW.1 K.Viswanath, LW.19/Sub
Inspector of Police, CCS PS, Chittoor registered a case in Crime
No.03/2020 under section 420 IPC and issued FIR to all the concerned officials and investigated. During the course of investigation, LW.19 examined Lws. 1 to 9 and recorded their section 161 CrPC statements.
On 18.02.2020 he seized the documents produced by LW.1, under a cover of police proceedings.
(c)On 21.02.2020 at about 9.00 am, LW.19 arrested the accused A1/Kiran Kumar and A2/Shobha Rani at Tirupati RTC Bus
Stand, recorded their confessional statements and seized cash of
Rs.30,000/- from A1 and cash of Rs.1,00,000/- from A2 and then he served section 41-A CrPC notice to them. In this case, as the efforts made for the arrest of accused/A3 went in vain, LW.20 M.Narasimhulu,
Sub Inspector of Police filed charge sheet against A1 and A2 on 05.03.2021, by reserving to file additional charge sheet against
A3/Nirmala after the arrest of A3. Therefore, the case was taken on file and numbered as CC.No.1135/2021. Further LW.18 SK. Md. Rafi, Sub
Inspector of Police, Bapatla Town police station arrested the accused 3
A3/Biddika Nirmala on 25.11.2022 at 2.00 pm in the presence of LWs.14 and 15 under a cover of seizure and arrest mediator report in Crime
No.226/2022, under Section 420 r/w 34 IPC of Bapatla Police Station. On 30.11.2022, LW.21 produced A3 before the Hon’ble Court on PT Warrant.
As per the orders of the Hon’ble IV Addl. Judl. Magistrate of I Class,
Chittor vide Crl.MP.No.3257/2022, Dis.No.3326/2022, dt.09.12.2022,
LW.21 took A3 into police custody and recorded her confessional statement at CCS PS, Chittoor, under a cover of confessional mahazar in the presence of Lws. 16 and 17. LW.21 examined Lws.10 and 11 and recorded their section section 161 CrPC statements, who furnished their
ATM Cards and account numbers of Union Bank of India and State Bank of India. After completion of investigation, laid charge sheet against the accused/A3 in this case. Hence this charge.
3.This case was taken on file for the alleged offence under section 420 r/w 34 of IPC against the accused and numbered as CC.No.
388/2023. On appearance of accused, the copies of documents were furnished to the accused as contemplated under section 207 of CrPC.
4.Accused produced from District Jail, Chittoor and she was examined under Section 239 of Cr.P.C. and a charge for the offence under Section 420 r/w 34 of IPC was framed, read over and explained to the accused in telugu language for which she pleaded not guilty and claimed to be tried.
5.Therefore, the prosecution was directed to adduce the evidence on their behalf to substantiate the guilt of accused for the offence leveled against her. The prosecution got examined PWs.1 to 15 and got marked
Ex.P1 to Ex.P11.
6.After conclusion of the prosecution evidence, the accused was examined under Sec.313 of Cr.P.C., in respect of incriminating evidence 4 available against her in the evidence of prosecution witnesses, for which the accused denied and reported no defence evidence on her side.
7.Heard the arguments of learned Assistant Public Prosecutor and learned Legal Aid Counsel for accused. Perused the material placed on record.
8Now the point that arise for determination is:
Whether the prosecution has proved the guilt of the accused
for the offence under Section 420 r/w 34 of Indian Penal Code
beyond reasonable doubt?
9.POINT:
The case of the prosecution is that the accused A3 received amount of Rs.14,90,000/- from PWs. 1 to 8 and promised to provide government jobs to them. Later the accused deceived them by not providing jobs.
10.To prove the same, the prosecution has cited as many as twenty one witnesses, out of which, fifteen witnesses were examined. The defacto complainant k. Viswanath was examined as PW.1. He deposed that he completed his Bachelor of Arts (B.A) and was searching for
Government Job. At that time, his relative M.R.Rushikesh/PW.4 informed him that one Kiran Kumar who is working as Shift Operator at Electric
Sub Station knows one Shobha Rani, through her, he can get job in the
Guntur Court Complex for which PW.4 need to pay Rs.10,00,000/- and out of that he paid Rs.2,00,000/- as advance to the account of one
Shobha Rani of ICICI Bank.
He further deposed that on 03.10.2019 PW.4 informed him that he received a phone call from Shobha Rani and she informed that that there 5 are backlog posts at Ongole Collectorate. Subsequently, PW.1 also contacted Shobha Rani and agreed to pay Rs.10,00,000/- for the post of
Junior Assistant and paid Rs.2,00,000/- as advance to the account of
Shobha Rani through the account of his friend one Prahalladh. On 04.10.2019 PW.4 informed him that he received information from Shobha
Rani that they have to go to Ongole Collectorate on 11.10.2019, accordingly on 11.10.2019 they went to Ongole Collectorate and from went to her office situated at Guntur Town. She further stated to approach one Venkatesh at the office and hand over the original certificates to him and asked to join at Ongole Collectorate on 14.10.2019. Accordingly on 14.10.2019 they went to Ongole Collectorate and called to Shobha Rani and she informed that the joining orders postponed to 18.10.2019. She further informed them they will receive call from accused who is working in the Ongole Collectorate and he received phone call from the accused stating that who ever paid the amount to Shobha Rani they need to join on 21.10.2019.
Further on 21.10.2019 she postponed to 4.11.2019. On 24.10.2019 again he received phone call from accused and she informed him that there are vacancies for the posts of Junior Assistant, Record Assistant at
Guntur, Vijayawada and Ongole Collectorates and stated to inform to any one and asked to pay Rs.2,00,000/- for the post of Junior Assistant,
Rs.1,00,000/- for the post of Record Assistant and Rs.5,000/- additionally for Service Register. Subsequently, he informed his friends and PWs. 2, 5 to 7 and LW,8 applied for the posts of Junior Assistants and Pws.3 and 6 applied for the posts of Record Assistants. On 30.10.2019 PW.6 Harish gave Rs.30,000/- to him and he deposited in the SBI Account of PW.10
Nakka Vamsi as said by accused. On 8.11.2019 when they went to
Guntur office PW.6 gave him Rs.70,000/- and the same was given to accused.
6
He further stated that on one day PW.8 gave him Rs.30,000/- the same was deposited in the account of PW.10. PW.8 again gave him
Rs.30,000/- and the same was transferred to the account of PW.9
Mathew Mari Das, PW.8 also gave Rs.40,000/- to him and the same was deposited to the Bank of India account of accused. On 8.11.2019 PW.8 gave him Rs.1,00,000/- and the same was given to accused at Guntur.
He further stated that on one day PW.3 Jyothi Prakash transferred Rs.
1,00,000/- to his account and the same was transferred to Bank of India account of accused.
He further deposed that on one day PW.7 Nagendra Kumar transferred Rs.2,00,000/- to his account and the same was transferred to
Bank of India account of accused.
He further stated that on one day PW.2 Rajesh gave him
Rs.30,000/- the same was deposited in the account of PW.10 Nakka
Vamsi on the request of accused. Further he also deposited the amount of Rs.40,000/- of PW.2 to the account of accused. On 8.11.2019 when they went to Guntur the amount of Rs.1,30,000/- of PW.2 was given by him to the accused.
He further deposed that on one day PW.5 Prasanth Kumar deposited Rs.70,000/- to the account of accused. On other day, he gave
Rs.40,000/- to him and he deposited to the account of accused. He also gave the remaining amount i.e., Rs.90,000/- on 8.11.2019 when they went to Guntur.
He further stated On one day, he gave Bank of India account number of accused to Lw8/Preethi Sneha Latha and she deposited
Rs.70,000/- in the said account. He given the remaining amount i.e.
Rs.1,30,000/- on 8.11.2019 when they went to Guntur.
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He also stated that on 8.11.2019 they gave cash of Rs.5,40,000/- to the accused. Remaining amount i.e. Rs.7,45,000/- was transferred to the account of accused and Pws.9 and 10. In the above said
Rs.7,45,000/- they paid Rs.35,000/- for Service Registers. On 8.11.2019 after receiving of Rs.5,45,000/- she informed the date of joining on 11.11.2019. Later she dragged the matter and finally on 19.11.2019, they tried to call accused, but her phone was switched off. Subsequently they understood that they were deceived and went to the CCS PS., Chittoor and presented written report.
11.PW.2 P.Rajesh deposed that he completed his degree and was searching for Government Job. On one day PW.1 informed him that
PW.4 Rushikesh informed about Shobha Rani and Kiran Kumar are providing jobs. Accordingly, PW.4 paid some amounts and PW.1 also paid Rs.2,00,000/- as advance. He also informed that he got acquaintance with accused through one Shobha Rani. PW.1 further informed him that accused informed him that there are some vacancies for the posts of Junior Assistants and record assistants and asked him if he is interested for any job and PW.1 spoke with accused for the post of
Junior Assistant, at Fisheries Department, Guntur.
He further stated that on 01.11.2019, he handed over Rs.30,000/- and Rs.40,000/- to PW.1 the same was deposited in the account number which was given by the accused. On 08.11.2019, he gave the remaining amount of Rs.1,30,000/- to PW.1 and the same was given by PW.1 to accused in his presence at Guntur and he also gave Rs.5,000/- to PW.1 and the same was transferred to the account number given by accused for Service Register. He further deposed that he got information from
PW.1 that their joining will be on 11.11.2019 and on 05.11.2019 they went to Guntur and met the accused on 08.11.2019 and handed over cash of
Rs.5,45,000/- to the accused and the accused informed them they will 8 receive appointment letter. Later they called to accused on 11.11.2019 and on other dates and she postponed the dates on one or other grounds. Subsequently they discussed the issue and went to CCS PS,
Chittoor and PW.1 gave report.
12.PW.3 Jyothi Prakash deposed that he completed his B.Com and was searching for Government Job. At that time, he came to know about backlog posts at Collectorate, Guntur through PW.1 and PW.4. On 03.10.2019, PW.1 gave Rs.2,00,000/- to one Shoba Rani and through her they came to know about the accused. PW.1 informed him about the jobs. On 03.11.2019, he sent Rs.50,000/- to PW.1 through his brother’s account and PW.1 sent the said amount to the accused. On 07.11.2019 again he sent Rs.49,800/- to PW.1 through his brother’s account and
PW.1 sent the said amount to the accused. On 10.11.2019 again he sent
Rs.5,000/- to PW.1 through his brother’s account and PW.1 sent the said amount to the accused. On 07.11.2019, he along with PW.7 went to
Guntur. On 08.11.2019, the accused collected the amount of
Rs.5,40,000/- and said that on 11.11.2019 they will be joining. But on 11.11.2019 they called to the accused and she postponed the matter to 19.11.2019. Again they went to Guntur and met the accused and she informed that no one received the letter and asked to wait for some more time. Again they tried to contact the accused but she was not available and later they lodged a complaint before CCS PS, Chittoor.
13.PW.4 M.R.Rushikesh deposed that he studied upto M.Tech. One
Kiran Kumar came to his house with his relative Sunil Kumar and asked him about the job and suggested him there is a local job office at Guntur and asked him to consult Shobha Rani. He talked with Shobha Rani and she informed that she will arrange attender job in Guntur Court and asked to pay Rs.2,00,000/-. He met Shobha Rani and gave her Rs.50,000/- in cash. Later, he deposited Rs.1,48,900/- to the account number given by 9
Kiran Kumar. On one day PW.1 called him and asked him for a job and he made conference call with Shobha Rani and PW.1 in which she informed vacancies at Junior Assistant Back Log Posts at Collectorate,
Ongole and asked PW.1 to pay Rs.10,00,000/- and Rs.2,00,000/- in advance. PW.1 deposited Rs.2,00,000/- to the above said account number. She informed PW.4 that on 05.10.2019 interview will be there to
PW.1 and asked to inform him. He further deposed that on 04.10.2019, he made call to Shobha Rani for confirmation but she postponed the date and later informed to come on 14.10.2019 for interview at Ongole. Again she informed to come Guntur and they went to Guntur office and called her and she informed to hand over the certificates to one Venkatesh working in the office. Shobha Rani called PW.1 and informed that accused will call to him. Accordingly, accused called him and informed that he will get certificates on 21.10.2019. After few days PW.1 called him and informed that PW.1 and his friends were cheated by the accused and they gave complaint before CCS PS, Chittoor.
14.PW.5 M.Prashanth Kumar deposed that PW.1 is his friend. He informed him about jobs at Ongole Collectorate and asked to pay
Rs.2,00,000/-. On 01.11.2019, he deposited Rs.40,000/- in the account of the accused and also he deposited Rs.70,000/- for his sister/LW.8 in the same account for the job of Junior Assistant in Forest Department. On 02.11.2019 again he deposited Rs.70,000/- in the same account. PW.1 called him and informed that accused informed him that by 04.11.2019 they will be getting a job. On 04.11.2019 PW.1 called him and asked to come Guntur on 06.11.2019. On 06.11.2019 they went to Guntur but they never get any response from the accused. On 08.11.2019 accused met them and they gave Rs.90,000/- to the accused by cash and for LW.8 gave Rs.1,30,000/- to accused and in total they all gave Rs.5,40,000/-.
On 10.11.2019 accused asked Rs.5,000/- each for Service register and they sent the amount to PW.1 and he sent the amount to accused. On 10 19.11.2019 they came to know that they are cheated in the hands of the accused and PW.1 lodged complaint before CCS PS, Chittoor.
15.PW.6 Harish deposed that PW.1 is his junior paternal uncle. PW.4 is his distance relative. PW.1 informed him about back log posts at
Ongole Collectorate. PW.1 and PW.4 and one Shobha Rani talked in conference call about jobs in which Shobha Rani asked PW.1 to pay
Rs.10,00,000/- and Rs.2,00,000/- in advance. PW.1 deposited advance amount of Rs.2,00,000/- in the account of Shobha Rani. After some days accused made phone call to PW.1 stating that by 04.11.2019 jobs will be confirmed to the persons who paid the amount and there are other posts,
Junior Assistant post Rs.2,00,000/- has to be paid, for Record Assistant post Rs.1,00,000/- has to be paid and also further informed PW.1 to inform the same to his relatives and friends. On that PW.1 informed about the same and he gave Rs.30,000/- on 30.10.2019 by cash the same was deposited into PW.1’s account and transferred the same to the account number of PW.10 which was given by accused. PW.1 also shown him the transaction receipt. Later, he again gave Rs.70,000/- to PW.1, he also transferred Rs.5,000/- to PW.1 for Service Register. PW.1 transferred to the account of accused. PW.1 called him and informed him to come
Guntur on 05.11.2019 and they went to Guntur and on 08.11.2019 accused came to their room and they paid an amount of Rs.5,40,000/- by cash. Again on 19.11.2019 they went to Guntur and met the accused and she informed that the process is getting late. Later when they tried to call the accused her phone was switched off. On 18.02.2020 PW.1 lodged complaint before CCS PS, Chittoor.
16.PW.7 Nagendra Kumar deposed that PW.1 is his friend, through him he know PW.4 Rushikesh. They were searching for job. PW.1 informed him that one Shobha Rani offered jobs to him and PW.4 and also asked to pay Rs.10,00,000/- and PW.1 paid Rs.2,00,000/- as 11 advance. The accused called PW.1 and stated that there are posts of
Junior Assistant at Fisheries Department, Ongole and she further stated to inform to his friends. Accordingly he informed the same to him and he talked with the accused in conference call. On 03.11.2019, he gave
Rs.30,000/- and on 04.11.2019, he gave Rs.40,000/- to PW.1. On 07.11.2019, he gave Rs.1,00,000/- and on 10.11.2019, he gave
Rs.5,000/- for Service register. On 11.11.2019, he gave Rs.30,000/- to
PW.1. He deposited the above said amounts in the bank account of accused account and also shown him the statement.
He further deposed that on 07.11.2019 he and PW.3 went to
Guntur and on 08.11.2019 they met the accused and all of them gave
Rs.5,40,000/- to the accused and she asked to come on 11.11.2019.
Later they tried to contact her, but she was unavailable. Again on 19.11.2019 they all went to Guntur and met her, but she postponed. Later they tried to contact her but her phone was switched off. Later PW.1 gave report in CCS PS, Chittoor.
17.PW.8 Deepthi deposed that PW.1 is his junior paternal uncle. PW.2 is friend of PW.1, through him PW.1 know about one Shobha Rani. She offered jobs to PW.1 and asked to pay Rs.10,00,000/- and he paid
Rs.2,00,000/- as advance. Through her, PW.1 know about the accused she informed to him that there are jobs of Junior Assistant Post for
Rs.2,00,000/- and record assistant post for Rs.1,00,000/- at Guntur and told him to inform his friends. She further stated that PW.1 will get an appointment letter on 04.11.2019. On 30.10.2019 PW.1 transferred
Rs.30,000/- to PW.10 Vamsi. PW.1 informed him the account number of
PW.10 which was given by the accused. On 31.10.2019, Rs.30,000/- was transferred to the account of accused.
She further deposed that on 02.11.2019 Rs.40,000/- of her and
Rs.70,000/- of PW.5 was transferred to the Bank of India account of 12 accused account bearing No.567110110009103. On 05.11.2019 PW.1 went to Guntur. On 08.11.2019 accused came to their room and they gave Rs.5,40,000/- to accused in which Rs.1,00,000/- belongs to her and she asked them to come on 11.11.2019. Later they tried to contact her, but she stated that appointment orders are not yet received and asked to come on 19.11.2019. On 10.11.2019, they also deposited Rs.5,000/- for
Service Register on the account of accused and in total they all gave
Rs.40,000/-. Again on 19.11.2019 they all went to Guntur and met her, but she postponed. Later they tried to contact her but her phone was switched off. Later PW.1 gave report in CCS PS, Chittoor.
18.PW.9 M.Mariyadas deposed that accused is the relative of his wife.
He got acquaintance with accused. On 30.10.2019 accused informed him that her relatives will deposit amount to his account number and asked him to provide his account number, pass book and ATM Card. He gave the same to her. The amount of Rs.30,000/-, Rs.25,000/- and again
Rs.30,000/- was deposited in his account. She withdrawn the amount for herself.
19.PW.10 N.Vamsi deposed that PW.10 met him with the accused and told there are Attender Posts at Ongole Collectorate. On 30.10.2019,
PW.10 asked him account number, pass book and ATM card. He gave the same to him. On that day Rs.30,000/- was deposited and again
Rs.30,000/- was deposited in his account. PW.10 and accused withdrawn the amount.
20.PW.11 Abdul Khareem deposed that on 25.11.2022 Bapatla police called him to police station and he reached there and police informed him to act as mediator. He along with LW.11, LW.18 and one mahila constable went to Cheel Road Center, Bapatla. There police conducted vehicle checking, on seeing them, one woman got down from auto and 13 tried to escape but police caught hold her and enquired her. She revealed her identity particulars and confessed that she got acquaintance with one
Prem Kumar and through him she got acquaintance with one Shobha
Rani. They cheated one Gowtham Naidu, Vishnu Vardhan, Adhithya
Vardhan and Kiran Kumar in the year 2017 and took an amount of
Rs.21,00,000/- from them in the name of providing jobs.
She further confessed that the above said Shobha Rani and one
Kiran Kumar met her with PW.1 and in the name of providing jobs received an amount of Rs.14,90,000/- in the year 2019 and later cheated them by not providing jobs. He further stated that she got acquaintance with one Naik at Government hospital, Guntur and received Rs.5,00,000/- from him and later cheated him by not providing job. The police searched her and found one I & PR Department ID card. The police arrested her and typed the entire proceedings and obtained their signatures and also the signature of accused. He deposed that he know the contents of proceedings and it took 2 hours to complete the proceedings.
21.PW.12 A.Deepa is another mediator in whose presence, the CCS
Police, Chittoor recorded the confessional statement of the accused. She deposed that on 13.12.2022 at about 11.05 am, LW.21 Sub Inspector of police called to LW.16 Baby Priyanka and informed that PW.1 foisted a case against the accused and asked them to act as mediators. She informed the same to her and asked to come to police station to act as mediator. She further stated that after reaching there, LW.21 enquired the accused and she revealed her identity particulars and confessed that she got acquaintance with one Shobha Rani and Kiran Kumar. The said
Shobha Rani asked her to arrange the Government Job for one Prem
Kumar and for that Shobha Rani gave Rs.20,000/- to her. The accused asked Shobha Rani and her husband Anwar Basha to collect amount from the people in the name of providing jobs to them. The Shobha Rani 14 got acquaintance with one Gowtham Naidu and she took amount from him in the name of giving job. She further asked him to tell about the job opportunities to his friends and relatives. They received amount of
Rs.21,00,000/- from Vishnu Vardhan, Anil Kumar, Kiran Kumar. She further confessed that they shared the above said amount between themselves. They got acquaintance with one Kiran Kumar and asked him to inform to his friends and relatives about the job opportunities. He informed the same to his friend RushiKesh/PW.4 and took Rs.2,00,000/- from him, in turn PW.4 also informed the same to PW.1 Viswanadh and he gave Rs.2,00,000/- for the post of Junior Assistant, Collectorate Office,
Ongole. The accused and Shobha rani further stated to PW.1 that there are posts of Junior Assistant and Record Assistant and asked PW.1 to inform to his friends. PW.1 informed to his friends Pws. 3 to 8 and LW.9 and collected the amount from the said persons.
She further confessed that PW.1 collected the amount and deposited in the SBI bank account of PW.10 Vamsi and Bank of India account and Andhra Bank account of accused. On 08.11.2019 they asked accused about their jobs and she postponed the matter. On 19.11.2019 again they went to Guntur and asked the accused about jobs for which she switched off her mobile. She further confessed that she cleared her debt of Rs.3,00,000/- at Srikakulam and Rs.7,00,000/- was used for loan purpose at Hyderabad. PW.1 lodged the complaint before CCS PS,
Chittoor. The police arrested the above said Kiran Kumar and Shobha
Rani. On knowing that the accused absconded and later she was arrested by Tenali police. PW.12 identified the accused who stands in the
Court hall. The police drafted the confession and obtained their signatures and signatures of accused.
22.PW.13 S.K.Mahammad Rafi deposed that on 25.11.2022 at about 12.00 hours, he received credible information of the accused/A3 in Crime 15
No.226/2022, under Section 420 r/w 34 IPC of Bapatla police station.
Immediately, he secured the mediators and staff and reached to the
Cheel road junction, Bapatla. He was conducting vehicle checking, at that time one lady tried to escape, on that they apprehended her. On enquiry, she revealed her name as Biddika Nirmala and revealed her identity particulars and voluntarily confessed that she along with one
Shobha Rani and Anwar Basha cheated the persons for an amount of
Rs.18,15,000/- in Crime No.226/2022, under section 420 r/w 34 IPC. She further confessed the present crime registered in crime No.03/2020,
Under Section 420 r/w 34 IPC of CCS PS, Chittoor and cheated the victims for an amount Rs.14,90,000/-. He seized the I & PR ID card of accused/A3 and arrested the accused and sent for judicial custody.
23.PW.14 P.Uma Maheswar Rao deposed that on 25.11.2022, he received information from PW.13 about apprehending the accused/A3 in
Crime No.226/2022 under Section 420 r/w 34 IPC of Bapatla police station in which she confessed the present crime. Immediately he received the attested copies of FIR, remand report, arrest and confession mahazar and filed the same along with PT Warrant on 26.11.2022 before this Honb’le Court. On 28.11.2022, he received order of PT Warrant from this Hon’ble Court. On 29.11.2022, he addressed a letter for furnishing
KYC details of Mariyadas, Nakka Vamsi, B.Nirmala and Shobha Rani to
Union Bank of India, ICICI Bank and State Bank of India, Chittoor branch and received the same from the concerned banks. On 30.11.2022 brought the accused to Chittoor on PT warrant and produced before this
Hon’ble Court and sent for judicial custody.
He further stated that on 13.12.2022, he secured the presence of accused and recorded her confession statement in the presence of mediators PW.12 and Lw.16. She revealed her identity particulars and confessed that she along with one Shobha Rani and Kiran Kumar 16 cheated Pws. 1 to 8 and LW.8. From PW.1 an amount of Rs.2,00,000/-, from PW.2 Rajesh an amount of Rs.1,30,000/-, from PW.5 Prashanth an amount of Rs.90,000/-, from LW.8 Preethi Snehalatha an amount of
Rs.1,30,000/-, from PW.8 Deepthi an amount of Rs.1,00,000/-, from PW.7
Nagendra an amount of Rs.2,00,000/-, from PW.3 Jyothi Prakash an amount of Rs.1,00,000/- in total accused A3 received an amount of
Rs.12,85,000/-, one Shobha Rani received an amount of Rs.3,98,900/-.
They paid amount on the instructions given by PW.1. The accused A3 gave the bank accounts of Pws.9 and 10 to PW.1. With the amount received she cleared her debt of Rs.3,00,000/- and purchased a plot for a
Rs.7,00,000/-.
He further stated that on 10.01.2023 he examined PW.9 and examined him and recorded his section 161 CrPC statement. On 16.01.2023, he examined PW.10 and recorded his section 161 CrPC statement. On 24.01.2023, he filed additional charge sheet against accused A3.
24.PW.15 B.V.Subba Reddy deposed that on 18.02.2020 at about 1.00 pm while he was present in the police station, PW.1 came and lodged complainant. Basing on the complaint, he registered a case in
Crime No.03/2020, under Section 420 IPC of CCS PS, Chittoor and issued the same to all concerned officers and took up investigation. He examined PW.1 and recorded his Section 161 CrPC statement and seized the xerox copy of documents 1 to 8 produced by him under the cover of police proceedings. PW.4 got acquaintance with one Kiran
Kumar through one Shobha Rani and on 03.10.2019 he paid
Rs.2,00,000/- to Shobha Rani for the post of Junior Assistant. Later they postponed the matter. On 11.10.2019 the said Shobha Rani informed
PWs. 1 and 4 to come Ongole and asked to submit original certificates and documents and photographs. On 18.10.2019 again Shobha Rani called PW.1 and informed that the accused will call him. On 24.10.2019 17 accused called him and stated that he will receive an appointment letter on 04.11.2019 and also informed about the posts of Junior Assistant
Rs.2,00,000/- and Record Assistant Rs.1,00,000/- has to be paid and further stated to inform to his friends and relatives. PW.1 informed the same and they paid Rs.2,00,000/- and also paid Rs.5,000/- for Service
Registers. PW.3 and PW.6 paid Rs.1,00,000/- for the post of Record
Assistant and also paid Rs.5,000/- for Service register. On 30.10.2019
PW.6 deposited Rs.30,000/- to the account of PW.1, the same was transferred to PW.10 account and he further deposited Rs.5,000/- for
Service Register to accused account. On the same day PW.2 deposited
Rs.30,000/- to accused account. On 30.10.2019 PW.8 gave Rs.30,000/- to PW.1 and the same was transferred in the account given by accused.
On 31.10.2019 PW.8 again gave Rs.30,000/- to PW.1 and the same was transferred in the account given by accused. On 31.10.2019 PW.1 transferred Rs.25,000/- to the Andhra Bank account given by accused and also deposited Rs.5,000/- for Service Register.
He further stated that on 01.11.2019 PW.2 deposited Rs.40,000/- and Rs.5,000/- to accused account. On the same day PW.5 deposited
Rs.40,000/- to the accused account. On 01.11.2019 LW.8 deposited
Rs.70,000/- in the account number given by accused and also paid
Rs.5,000/- for service register. On 02.11.2019, PW.5 gave Rs.70,000/- to
PW.1 the same was transferred to accused account and PW.5 deposited
Rs.5,000/- to accused account. On the same day PW.8 gave Rs.40,000/- to PW.1 and the same was transferred in the account given by accused and also paid Rs.5,000/- for Service Register.On 03.11.2019, 04.11.2019, 07.11.2019 and 11.11.2019 PW.7 gave Rs.2,00,000/- to PW.1 the same was transferred to account number given by accused and also paid
Rs.5,000/- for Service register. On 03.11.2019 and 07.11.2019 PW.3 gave Rs.1,00,000/- to PW.1 the same was transferred to account number given by accused and he also paid Rs.5,000/- for Service register.
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On 04.11.2019 PW.1 to 8, went to Guntur and met accused and she asked to bring an amount of Rs.5,40,000/- on 08.11.2019. On 08.11.2019 they gave the cash of Rs.5,40,000/- to accused and she stated that they will get appointment letter on 11.11.2019. On 11.11.2019 they made a call to accused and she informed to come on 19.11.2019.
Accordingly they went on 19.11.2019 and met accused and she postponed the matter. Later they tried to contact the accused but her phone was switched off. Later they filed a complaint against A1 to A3
before CCS PS, Chittoor.
25.On careful scrutiny of the record, in order to establish the offence of cheating under Section 420 IPC, the following elements need to be established:-
1) Cheating made by a person.
2) Dishonest inducement to deliver property or to make, alter, or destroy any valuable security or anything capable of being converted into valuable security.
3) Mens rea of the person at the time of making the inducement.
4) Making a false representation and the person should also have knowledge and intention to deceive the complainant.
26.It is the contention of the learned Assistant Public Prosecutor for the state that the the elements that are to be required to invoke the section 420 IPC are fulfilled. The oral and documentary evidence of the prosecution witnesses are corroborated to each other and there is no inconsistency found in their evidence and enlightened that:
In the case of “V.Y.Jose and Another Vs. State of Gujarat and
Another” reported in (2009) 3 SCC 78, the Hon’ble Supreme Court has 19 considered the basis ingredients of offence under Sec.420 IPC and held that :
“14. An offence of cheating cannot be said to have been made out unless the following ingredients are satisfied:
(i) deception of a person either by making a false or misleading representation or by other action or omission;
(ii) fraudulently or dishonestly inducing any person to deliver any property; or to consent that any person shall retain any property and finally intentionally inducing that person to do or omit to do anything which he would not do or omit.
It was argued that the above ingredients are satisfied and hence prayed to convict the accused.
The learned legal aid counsel for accused argued that there are contradictions and improvements found in the evidence of prosecution witnesses and hence their evidence cannot be believed. It is further argued that the ingredients of section 420 IPC were not satisfied and argued that the accused did not made any false promise to PW.1 to provide any jobs.
27.It is the contention of the learned legal aid counsel that the accused not made any direct promise to the PWs. 1 to 9 in providing jobs and the evidence is only with regard to that the accused made promise in the phone call. To fulfill the ingredients under section 420 IPC, it is not necessary to prove the false representation only through the direct mode and it can be attracted in any mode and mere stating that it is not attracted is not helpful to their contention. It is further argued that the prosecution did not file any Call Data Records before the Hon’ble Court.
Though it was not filed the prosecution filed the bank receipts obtained by 20
PW.14 and the statement of account of PW.1. It is further argued that
PW.1 deposed in cross examination that he gave the amount to accused at Bazar street, Guntur whereas PW.6 deposed that the accused came to them and they gave the amount. Though it is contended, it is clearly evident from both the evidence that they gave the amount to accused and mere wrongly saying the place of giving the amount would not wipe out the entire case of the prosecution because it should also be considered that the crime is of the year 2019 and there would be lapse of memory to any person to remember the entire incident accurately. It is further contended that PW.8 and other witnesses clearly stated in their section 161 CrPC statements that on believing by the words of PW.1, they gave the amount. On perusal of the statements, it was also mentioned that the accused informed PW.1 about the jobs and asked him to inform his friends and relatives and accordingly he did the same. Therefore this contention also ruled out.
It is also argued that the documents exhibited are certified copies and cannot be looked into. PW.1 in his evidence clearly stated that he filed the said documents in another case in CC.No.1135/2021 on the file of this Court. It was also contended that PW.11 in his cross examination deposed that he was not issued any written summons from the police and his presence cannot be believed. The learned counsel in that regard neither produced any evidence nor even put any suggestion to doubt his presence at the time of arresting the accused. The PW.11 stated that he along with the police went to the junction where the police arrested the accused, in that case though he went to the junction in his bike he stated that after reaching the police station, they went to the junction.
28.When coming into the evidence part, the evidence of PW.1 is corroborated with his complaint averments. The evidence of PW.1 to
PW.8 was not shaken even during the cross examination of defence 21 counsel and they not deviated from their earlier statements. This court did not find any reason to disbelieve and discredit their testimonies. Though some discrepancies were found in their evidence they are not the material discrepancies and only trivial in nature that need not be looked into as there is material supportive evidence on the side of the prosecution.
Though PW.11 and PW.12 were cross examined at length, no material discrepancy found to discredit their evidence or to question their presence at the time of arrest and recording the confessional statement of accused.
Because of small variation in the evidence, the entire prosecution case cannot be doubted. It is well settled law that it is the burden lies on the prosecution to prove the guilt of the accused beyond all reasonable doubts. When the prosecution succeeds in establishing the guilt of the accused, the onus lies on the accused to disprove the allegations of prosecution. In the present case, the learned legal aid counsel argued that it is PW.1 who received some amounts from PWs. 3 to 8 and therefore his evidence cannot be believed. But on perusal of Ex.P2 to P8, it was established that the accused received the amount from the account of PW.1 and the accused failed to disprove the allegations as why she received the amounts. In the present case, this court did not find any reason of false implication of accused by the complainant. Therefore, it can be said that the prosecution is able to prove the case against the accused that with false representation and dishonest intention the accused received the amount and deceived the Pws.1 to 8 in the name of providing jobs.
29.In view of the above discussion and cogent evidence, it is established that the prosecution is able to prove the guilt of the accused for the offence punishable under section 420 of IPC beyond all reasonable doubt. The prosecution also sought for enhancement of the punishment of the accused under section 75 of IPC as the accused was previously convicted for the same offence.
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30.In the result, the accused is found guilty for the offence punishable under section 420 r/w 34 of Indian Penal Code and accordingly she is convicted under section 248 (2) of Cr.P.C.
Typed to my dictation by the Addl. Stenographer, corrected and
pronounced by me in the open Court, this the 08th day of August, 2024.
V Addl. Civil Judge (Junior Division)-cum- Judl. Magistrate of I Class for Mobile Court, Chittoor.
Hearing on quantum of sentence:
When accused is asked regarding quantum of sentence, the accused stated that she is suffering from ill-health and she has two small children who are depending on her and prayed to take lenient view and pleaded mercy of the Hon’ble Court. On considering the submissions made by the accused, this Court did find any circumstances and special reasons to apply provisions of Probation of offenders Act.
Having regard to the facts and circumstances of this case, the accused is sentenced to undergo simple imprisonment for a period of two years six months and to pay a fine of Rs.5,000/- (Rupees five thousand only) for the offence punishable under section 420 IPC. In default of payment of such fine, she shall undergo Simple Imprisonment for a period of three (3) months. As no property is marked in this case, no orders on property. The remand period i.e., from 30.11.2022 to till day i.e., 08.08.2024 undergone by the accused shall be set off under section 428 Cr.P.C. The office is directed to supply free copy of judgment to the accused forthwith and obtain acknowledgment.The accused is informed 23 of her right to appeal and availing free legal aid if she has no means to prefer an appeal.
Typed to my dictation by the Addl. Stenographer, corrected and
pronounced by me in the open Court, this the 08th day of August, 2024.
Sd/- J.Keerthana,
V Addl. Civil Judge (Junior Division)-cum- Judl. Magistrate of I Class for Mobile Court, Chittoor.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Prosecution:- For Defence :-
PW1: K.Viswanadh None PW2: P.Rajesh PW3: Jyothi Prakash PW4: M.R.Rushikesh PW5: M.Prashanth Kumar PW6: Harish PW7: Nagendra Kumar PW8: Deepthi PW9: M.Mariyadas PW10: N.Vamsi PW11: Abdul Khareem PW12: A.Deepa PW13: S.K.Mahammad Rafi PW14: P.Uma Maheswar Rao PW15: B.V.Subba Reddy
EXHIBITS MARKED
For Prosecution:-
Ex.P1: Certified copy of report. Ex.P2: Certified copy of deposit form of SBI, dt.03.10.2019. Ex.P3: Certified copy of cash deposit form to the accounts of 24
Mariyadas/PW.9. Ex.P4: Certified copy of cash deposit in the account of Mariyadas/PW.9 for an amount of Rs.25,000/-. Ex.P5: Certified copy of deposit form for Rs.30,000/- to the account of Mathe Mariyadas/PW.9. Ex.P6: Certified copy of cash deposit form for and amount of Rs.40,000/- in to the account of Nirmala/accused. Ex.P7: Certified copy of deposit form for an amount of Rs.1,10,000/- to the account of Nirmala/accused. Ex.P8: Certified copy of PW.1 statement of account Ex.P9: Certified copy of mediator report. Ex.P10: Confession mahazar of accused. Ex.P11: Certified copy of FIR.
For Defence:-
Ex.D1:Relevant portion in Section 161 CrPC statement of PW.8. Ex.D2:Relevant portion in the counter in Crl.MP.No.1321/2024.
M.Os Marked Nil
Sd/- J.Keerthana,
V Addl. Civil Judge (Junior Division)-cum- Judl. Magistrate of I Class for Mobile Court, Chittoor.
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IN THE COURT OF V ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION)
-CUM- JUDICIAL MAGISTRATE OF I CLASS FOR MOBILE COURT,
CHITTOOR
CALENDAR IN CC.No.388/2023
Date of offence: 18.02.2020
Date of complaint: 18.02.2020
Date of taken on file: 17.03.2023
Date of apprehension of accused: 28.04.2023
Release on bail: She is in judicial custody since 30.11.2022.
Date of commencement of trial: 29.01.2024
Date of close of trial: 07.08.2024
Date of sentence of order: 08.08.2024
Particulars of the accused:
A3/Biddika Nirmala, w/o Siddaiah, age 29 years, r/at D.No.2-5-252, Pedda Street, Srikakulam, Andhra Pradesh.
State through the Sub-Inspector of Police, Name of the Complainant Central Crime Station, Chittoor.
Nature of offenceUnder Section 420 r/w 34 of Indian Penal Code
Finding of the court Found guilty
Sentence of Order : In the result, the accused is found guilty for the offence punishable under section 420 r/w 34 of Indian Penal Code and accordingly she is convicted under section 248 (2) of Cr.P.C.
Hearing on quantum of sentence:
When accused is asked regarding quantum of sentence, the accused stated that she is suffering from ill-health and she has two small children who are depending on her and prayed to take lenient view and pleaded mercy of the Hon’ble Court. On considering the submissions made by the accused, this Court did find any circumstances and special reasons to apply provisions of 26
Probation of offenders Act. Having regard to the facts and circumstances of this case, the accused is sentenced to undergo simple imprisonment for a period of two years six months and to pay a fine of Rs.5,000/- (Rupees five thousand only) for the offence punishable under section 420 IPC. In default of payment of such fine, she shall undergo Simple Imprisonment for a period of three (3) months. As no property is marked in this case, no orders on property. The remand period i.e., from 30.11.2022 to till day i.e., 08.08.2024 undergone by the accused shall be set off under section 428 Cr.P.C. The office is directed to supply free copy of judgment to the accused forthwith and obtain acknowledgment.The accused is informed of her right to appeal and availing free legal aid if she has no means to prefer an appeal.
Sd/- J.Keerthana,
V Addl. Civil Judge (Junior Division)-cum- Judl. Magistrate of I Class for Mobile Court, Chittoor.
27
Sd/- J.Keerthana,
V Addl. Civil Judge (Junior Division)-cum- Judl. Magistrate of I Class for Mobile Court, Chittoor. //True Copy//
V Addl. Civil Judge (Junior Division)-cum- Judl. Magistrate of I Class for Mobile Court, Chittoor.