Criminal Appeal No. 466 of 2002. Case: The State of Maharashtra Vs Ronald Albert Williams. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 466 of 2002 |
| Counsel | For Appellant: A.A. Maned, APP and For Respondents: Anthony T. Marques, Adv. |
| Judges | Sadhana S. Jadhav, J. |
| Issue | Indian Penal Code 1860, (IPC) - Section 420 |
| Citation | 2016 AllMR 828 (Cri) |
| Judgement Date | January 12, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
Sadhana S. Jadhav, J.
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Heard. This is an appeal filed by the State of Maharashtra challenging the Judgment and Order dated 20/12/2001 passed by Metropolitan Magistrate 15th Court, Mazgaon, Mumbai wherein respondent is acquitted of offence punishable under section 420 of Indian Penal Code in C.C. No. 182/P/2000. Heard respective counsel.
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Such of the facts necessary for the decision of this appeal are as follows.
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In the month of June, 1993 complainant/P.W. 1 Mrs. Lily Anthony Dass wanted to seek admission for the child of one of her friend in Don Bosco School. She had approached respondent herein. According to the complainant, respondent herein was a social worker and used to help people, seek admission, ration cards etc. It is alleged that respondent herein had demanded Rs. 25,000/- for seeking admission in Don Bosco school. The said amount was paid by the complainant, however according to the complainant, he had not made any efforts to seek admission and therefore, she had approached Byculla Police Station on 23/07/1993 and had lodged a report alleging therein that respondent herein had obtained Rs. 25,000/- fraudulently for seeking admission in Don Bosco school and hence, had cheated the complainant. On the basis of report lodged by P.W. 1, crime No. 271 of 1993 was registered at Byculla Police Station for offence punishable under section for offence punishable under section 420 of Indian Penal Code. After completion of investigation, charge-sheet was filed.
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At the outset, upon perusal of the charge framed against the accused an inference can be drawn that charge was not framed against the accused in accordance with law as the charge was ambiguous. The charge only spells that present respondent had cheated one of the friend of the complainant. The identity of the friend is not disclosed in the charge. Similarly, charge spells that accused had obtained Rs. 25,000/- to secure admission of son of the friend of Smt. Lily Dass.
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P.W. 1 is the complainant. She has deposed before the court that she was acquainted with the accused since her childhood. She requested him to help her seek admission to son of one Vyas who happens to be a friend of her husband. According to her, accused had demanded Rs. 50,000/-. There was negotiation and it was agreed that she would pay Rs. 35,000/-. She has further proceeded to stay on oath that she paid him Rs. 35,000/- in June, 1993. She paid Rs. 25,000/- on 17/06/1993 when the accused had...
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