Criminal Revision No.1785 of 2005 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No. 1785 of 2005 Date of Decision:September 28,2010 Ram Asra ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Sandeep Arora,Advocate for the petitioner. Mr.Amandeep Singh Rai,Assistant Advocate General,Punjab ** Sabina, J. Petitioner was convicted for an offence under Sections 420 read with Section 506 first part of the Indian Penal Code (`IPC' for short) vide judgment dated 23.7.2004 passed by the Judicial Magistrate Ist Class, Phagwara. Vide order of even date, petitioner was ordered to undergo rigorous imprisonment for two years and to pay fine of Rs.1000/- under Section 420 IPC. Petitioner was also ordered to undergo rigorous imprisonment for three months under first part of Section 506 IPC. Both the sentences were ordered to run concurrently. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Sessions Judge Kapurthala vide judgment dated 12.8.2005. Hence, the present revision petition. Criminal Revision No.1785 of 2005 2 The brief facts of the case, as noticed by the Appellate Court in para 2 of its judgment, are as under:- “2. The facts, in brief, are that in the first week of September, 1998, Ram Asra accused came to the Shinderpal complainant at his residence and told his parents that he had received the visa of Italy, on the basis whereof, he could send persons to Foreign Country. He further told them that the visa for Italy were working visas. He further told that from each person for sending to Italy on working visa, he could charge a sum of R.2,50,000/- Shinderpal, complainant wanted to go abroad. After consulting his father Darshan Ram, he handed over his passport along with that of Sonu, who had come to their house on that day to Ram Asra accused. Ram Asra, accused told that he would procure visas by 30.9.1998 and thereafter receive a sum of Rs.five lacs from them. On 30.9.1998, Ram Asra, accused showed the passport of the complainant and of Sonu at the house of the complainant in the presence of his father Darshan Ram, Rakesh Kumar Saini, Sony and Gurmit Singh. At that time passports were having visas of Tanzania. Ram Asra, accused also assured the complainant and the aforesaid persons that the (complainant) and Sonu could be taken to Tanzania and thereafter to Italy. He further assured for taking them to Italy from Tanzania and stated that there would be no problem. He then asked for the payment of Rs. Five lacs to him, Darshan Ram, father of the complainant paid a sum of Rs. two lacs being Rs. One lac for Sonu and Rs. One lac for Shinderpal, in the presence of the aforesaid persons. Criminal Revision No.1785 of 2005 3 The accused demanded Rs. three lacs by 3.10.1998 while asking the complainant and Sonu to get ready to go to Italy. On 3.10.1998, the father of the complainant namely Darshan Ram was ready with a sum of Rs. three lacs to be given to the accused. On that day at about 9 a.m., the accused came to their house and received Rs. three lacs, in the presence of Roshan Lal son of Om Parkash. He took the complainant and Sonu to Delhi on the same day. From Delhi, they were taken to Bombay. It was stated that Ram Asra, accused arranged flight from Bombay to Tanzania. Ram Asra, accused also assured the complainant and Sonu that one Lal Chand Sub Agent would meet them at Tanzania and he would arrange their visas from Tanzania to Italy. Both Shinderpal and Sonu reached Tanzania where Lal Chand, Su Agent met them and he arranged their flight from Kenya to Swaziland where they came across one agent namely. All who stated that he had received a telephonic message from Ram Asra accused. He stated that he would get arranged their visas for Italy. During night time, this agent left them at South Africa border, where they were caught hold, and kept in jail for 22 days. Shinderpal and Sonu somehow arranged money from their parents and thereafter could come back to India. Thereafter, the complainant accompanied by Sonu, Darshan Ram and Roshan Lal went to Ram Asra, accused. He promised to return the amount in six months. However, he failed to do so. On 26.11.1999, complainant, Sonu, one Gurmit Singh Kalsi, Gurminder Pal son of Gurdev Ram and Jagdip Singh met the accused in the Courts at Phagwara and demanded their Criminal Revision No.1785 of 2005 4 money. However, he flatly refused to return the same. He also abused them and threatened them to kill. It was further stated that the accused was not having any licence for travel agency, and was running an illegal business for extracting money from the innocent rural people on the assurance of sending them abroad. On the basis of the complaint made by Shinerpal, the FIR was registered.” During the course of arguments, learned counsel for the petitioner, has not challenged the conviction of the petitioner under Sections 420, 506 IPC but has submitted that the sentence qua imprisonment be reduced to already undergone by him. Petitioner is not involved in any other criminal case and has undergone more than four months of actual sentence. Petitioner is facing the criminal proceedings since the year 1999. Petitioner is the only bread earner of the family Keeping in view facts and circumstances of the case, it would be just and expedient to reduce the sentence qua imprisonment of the petitioner to already undergone by him. Hence, the conviction of the petitioner under Sections 420 , 506 IPC is maintained. However, the sentence qua the imprisonment of the petitioner is reduced to the period already undergone by him. Petition stands disposed of accordingly. ( Sabina ) Judge September 28, 2010 arya