Crl.Rev.No.1481 of 2001 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1481 of 2001 Date of Decision: 5 - 3 - 2009 Surinder Kumar .....Petitioner v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.V.B.Aggarwal, Advocate for the petitioner. Ms.Sushma Chopra, Addl.A.G., Haryana. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present revision petition has been filed by Surinder Kumar son of Krishan Lal Datta. He was convicted and sentenced by the trial Court to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/-. In default of payment of fine, petitioner was to undergo rigorous imprisonment for one month. FIR No.206 dated 16.5.1987 was got registered at Police Station City Yamuna Nagar under Sections 406, 420 and 506 IPC by Maya Ram. He had submitted a written complaint Ex.PA. It was stated in the complaint that one Ravi Dutt Sharma came to the complainant and told him that he know certain certain persons who send the people abroad. Crl.Rev.No.1481 of 2001 [2] Complainant accompanied by Ravi Dutt Sharma went to Yamuna Nagar and met Ashok Kumar and Surender Datta. The complainant had paid Rs.3,000/- to Ashok Kumar and Surender Datta on that day. After 4 days, Surender Datta and Ravi Dutt came to the village of the complainant and stated that Rs.15,000/- were to be paid for sending three persons abroad which came to Rs.45,000/-. Complainant was taken to Delhi and the accused stayed in a Hotel at Delhi. Surender Datta and Ashok Kumar had taken Rs.42,000/- from the complainant. After some time petitioner told the complainant that a raid is being carried in the Hotel, therefore, complainant should leave that place. Complainant was not satisfied and he wanted the accused to return the amount. Complainant returned to the village. He demanded back Rs.15,000/-. Ravi Dutt Sharma assured him that he will return the amount of Rs.11,000/-. The amount of Rs.11,000/- was returned by Ravi Dutt Sharma. The Panchayat had distributed the amount equally amongst the victims. Later complainant met the petitioner. He was running a three wheeler. Money was demanded by the complainant. Accused- petitioner reported that he is a very poor person. He will be able to give back Rs.15,000/- of his share. Rs.5,000/- were to be remitted and thereafter Rs.10,000/- were to be paid back within one year but the complainant was paid no money. Ashok Kumar Datta co-accused was not arrested. He was declared a a proclaimed offender. The prosecution examined four witnesses, namely, PW-1 Maya Ram, PW-2 Inder Singh, Sub Inspector, PW-3 Ram Kumar and PW-4 Baljeet Singh. As stated earlier, the petitioner was convicted and sentenced by the trial Court. After that he had filed an appeal. The appeal was also Crl.Rev.No.1481 of 2001 [3] dismissed by the Court of Additional Sessions Judge, Jagadhari. Mr.V.B.Aggarwal, learned counsel appearing for the petitioner has stated that he will not be in a position to assail conviction of the petitioner. He has further stated that petitioner is a very poor person. The FIR was recorded on 16.5.1987. Petitioner had already suffered a protracted trial of 22 years. He has stated that petitioner has not committed any offence earlier to the registration of the FIR and even thereafter. It has been further submitted that occurrence pertain to the year 1981. Taking into consideration that occurrence had taken place about 29 years ago and FIR was registered in the year 1987, the sentence awarded upon the petitioner is reduced from two years rigorous imprisonment to six months rigorous imprisonment. With this modification in the quantum of sentence, the revision petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) March 5, 2009. JUDGE RC