IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Crl.Rev.Pet.No. 1815 of 2008() ------------------------------ CRA.566/2004 of SESSIONS COURT, TRIVANDRUM CC.461/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... REVN. PETITIONER: PETITIONER: APPELLANT/ACCUSED ----------------------------------------------- K.SUDHAKARAN, S/O KRISHNANA NADAR, VADAKKUMKARA PUTHEN VEEDU, MUTHUVALOORKONATH, PACHALLOOR VILLAGE, PANCHALLOOR P.O, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS: ------------- 1. BABY, D/O CHELLAMMA, FLAT NO:236, RAJAJI NAGAR, SECRETARIAT, THYCAUD VILLAGE. 2. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. NAZAR SRI.M.S.KALESH FOR R1 SRI.HARISH GOPINATH FOR R1 SRI.V.VINAY MENON FOR R1 SRI.M.AJAY (IRUMPANAM) FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 1815 of 2008 * * * * * * * * * * * * * * * * * * Dated: 09-06-2008 ORDER Petitioner who is the accused in C.C. 461 of 2001 on the file of the J.F.C.M. V, (Special Court for Mark List Cases, Thiruvananthapuram) for an offence punishable under Sec. 420 I.P.C. for allegedly cheating P.W.2 (Baby) by inducing her to part with a sum of Rs. 25,000/- promising to secure overseas employment to her son, P.W.3 challenges the conviction entered and the sentence passed concurrently by the courts below for the said offence. He has been sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 3,000/- and on default to pay the fine to suffer simple imprisonment for one month. 2. Eventhough the learned counsel appearing for the revision petitioner assailed on various grounds, the conviction entered against him by the courts below, in as much as the said conviction has been recorded after a careful evaluation of the oral and documentary evidence in the case, this Court will be loathe to interfere with the said conviction. The revision petitioner had admittedly passed on Ext.P1 receipt evidencing the receipt of a sum of Rs. 25,000/- for securing overseas employment. The said receipt was proved by Crl.R.P. No. 1815 of 2008 -:2:- P.W.1 who is a witness to the same. The evidence of P.Ws 2 and 3 were not even changed in cross-examination by the revision petitioner. I therefore, do not find any good ground to to interfere with the conviction recorded by the court below. 3. What remains to be considered is the adequacy or otherwise of the sentence imposed on the revision petitioner. Having regard to the facts and circumstances of the case, I am of the view that the petitioner does not deserve penal servitude by way of incarceration . I am satisfied that the interests of justice will be adequately met by imposing a sentence of imprisonment till the rising of the court and an appropriate compensation. Accordingly, the sentence imposed on the revision petitioner is set aside and instead he is sentenced to imprisonment till the rising of the court and to pay a sum of Rs. 30,000/- as compensation to P.W.2 who is the person cheated. The amount of compensation shall be paid within two months from today failing which the petitioner shall undergo simple imprisonment for three months by way of default sentence. Crl.R.P. is disposed of as above. V. RAMKUMAR, (JUDGE) ani Crl.R.P. No. 1815 of 2008 -:3:- ani.