Court No. - 41
Case :- CRIMINAL REVISION No. - 117 of 1997 Revisionist :- Anil Kumar Saxena Opposite Party :- The State Of U.P.
Counsel for Revisionist :- S.P. Singh Raghav,Syed Mohammad Abbas Abdy Counsel for Opposite Party :- Govt. Advocate
Hon'ble Mrs. Sunita Agarwal,J.
Perused the office report dated 27.11.2019 which has been filed pursuant to the order dated 19.11.2019 whereby lower court record had been summoned. Pursuant thereto, vide letter dated 27.11.2019 the Officer-in-charge of the Record Room has informed that the record of Criminal Appeal No. 50 of 1996 has already been weeded out and the record of Criminal Case No. 3905 of 1990 has not been consigned to the record room of District-Aligarh.
In view of the said report, it is not possible for the Court to go through the record so as to appreciate the arguments raised by learned counsel for the revisionist to challenge the order of conviction dated 30.07.1996.
Further, it is vehemently contended by learned counsel for the revisionist that the revisionist had been falsely implicated for the offence under Section 419 I.P.C of cheating by impersonation when there was clear evidence before the trial Court that the revisionist was servant of the first informant. There was no question of impersonation in view of the clear identity of the revisionist being in the knowledge of the first informant.
PW-2, who made allegation of impersonation by the revisionist on the statement of PW-1, could not prove the said fact. PW-1 had turned hostile.
Submission is that the entire prosecution story was based on the false evidence.
Be that as it may, noticing the fact that the Lower Court Record cannot be found and that the revisionist had undergone approximately 2 and 1/2 months of imprisonment, the sentence awarded to the revisionist by judgement and order dated 30.07.1996 is modified to the period undergone and fine imposed upon him which had been deposited by the revisionist, as per version of the learned counsel for the revisionist.
The revision is, accordingly, disposed of.
Certify the judgment to the Court below, immediately.
Order Date :- 28.11.2019/P Kesari