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The Chhattisgarh High Court upheld the conviction of a man who impersonated a police officer, threatened villagers with false liquor cases and extorted money. However, considering that the case had continued since 2016 and he had already spent 74 days in custo The Chhattisgarh High Court upheld the conviction of a man who impersonated a police officer, threatened villagers with false liquor cases and extorted money. However, considering that the case had...
The Chhattisgarh High Court upheld the conviction of a man who impersonated a police officer, threatened villagers with false liquor cases and extorted money. However, considering that the case had continued since 2016 and he had already spent 74 days in custody, the Court reduced his three-year sentence to 74 days and enhanced the fine to Rs 25,000.
Chief Justice Ramesh Sinha was dealing with a plea of a man accused of cheating and impersonation. The man allegedly posed as a police officer and threatened the villager to arrest and imprison him for illegally manufacturing liquor. The accused demanded a bribe in exchange for not taking legal action.
Observing that the man had been facing the case since 2016, the August 10 order stated, “He has undergone 74 days of incarceration…ends of justice would be adequately met if the substantive sentence awarded to the applicant is reduced to the period already undergone by him, i.e., 74 days.”
The order added that accordingly, while maintaining the conviction of the applicant for the offences punishable under Sections 419 and 420 of the IPC, this court deems it appropriate to reduce the substantive sentence of simple imprisonment for three years each to the period already undergone by the applicant, i.e., 74 days.
On October 20, 2016, the applicant arrived at Village Matiyadand in Chhattisgarh riding a red Honda Stunner CBF motorcycle with the word “POLICE” written on its visor. Falsely introducing himself as an officer posted at Police Outpost Kotmi, he confronted the complainant and falsely accused him of illegally manufacturing liquor.
The man threatened to arrest and imprison the villager. When the villager denied the allegations, the man demanded a bribe in exchange for not taking legal action. Out of fear, the villager handed over Rs 500. The villager later discovered that the man had visited the village on multiple occasions, extorting money from other residents using the same tactic.
The villager filed a complaint against the man. During the investigation, the police found a red Honda Stunner CBF motorcycle with “POLICE” displayed on the visor, an Army defence academy identity card, and an Election Commission of India identity card.
The trial court, on February 23 this year, convicted the man under Sections 419 and 420 IPC, sentencing him to 3 years of simple imprisonment and a fine of Rs. 1,000 for each count. On June 24, the additional sessions judge dismissed his revision plea. After that, the man filed a plea before high court requesting only a reduction in the sentence, given that the case had dragged on for 10 years and he had served 74 days in custody.
The court observed that both the trial court and the appellate court properly evaluated the evidence and materials on record. It held that neither trial court committed any illegality, perversity, or procedural infirmity in holding the applicant guilty under IPC Sections 419 and 420.
The court took note of the State counsel’s argument regarding the serious nature of the allegations, specifically, that the applicant dishonestly impersonated a police officer to intimidate citizens and extort money.
The court observed that the applicant had been enduring the ordeal of criminal proceedings for a decade. The court noted that the applicant was 35 years old and had already served 74 days in jail.
Considering the long delay, the short period of actual imprisonment, and the fact that the petitioner chose not to challenge the conviction on the merits, the court held that the ends of justice would be adequately met by reducing the substantive jail term to the period already undergone 74 days while significantly increasing the financial penalty.
Jagriti Rai works with The Indian Express (Digital), where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More