PRAFULLA C.PANT,J. - (1.) THIS appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) is directed against judgment and order dated 18.5.2010 passed by Sessions Judge, Tehri Garhwal in sessions trial No. 18 of 2008, whereby said Court has con ­victed, appellants namely Simon Dunolz, Belive and Ms. Christina Chakchuvak un ­der section 420 read with section 120B In ­dian Panel Code, 1860 (for short I.P.C.) and each one of them has been sentenced to rigorous imprisonment for a period of six years and directed to pay fine of Rs. 25,0007- (rupees twenty five thousands only). Accused appellant Simon Dunolz has been further convicted under section 14 of Foreigner Act, 1946 and sentenced to rigorous imprisonment for a period of four years and directed to pay fine of Rs. 25,000/- (rupees twenty five thousand only).
(2.) HEARD learned Counsel for the par ­ties perused the Lower Court's record. Prosecution story in brief is that Ms. Swati Maindola (PW1) is resident of Rishikesh, who used to work as Finance Assistant in Hotel Ananda, Narendra Na-gar. On 4.10.2007, she received a electronic mail (for short e-mail) in her mail I.D. swati-forever02@yahoo.com from mail I.D. holder nationaldesk@earthlink.net. In said mail complainant Swati Maindola was in ­formed that she has won a lottery of £2,50,000/- (pound two lakh fifty thousand only), and she was advised to get in touch with one Mark White on his e-mail address verification-claimagent71@yahoo.co.uk to claim her money. In response to said mail, complainant (Swati Maindola) sent her complete address where after, she was ad ­vised to get in touch with one Mr. John Finch, a Dispatch Officer, on his e-mail I.D. worldcourier-express deliverylll@yahoo.co.uk with phone number +44-701-11130078 or +40-702-408-2934, fax number +44-8704788143. On getting in touch with Mr. John Finch, complainant was informed that she is allotted order number D28928806, and she was asked to accept one of the four options, in reply to which she opted for 'wire transfer service' for which she was asked to deposit Rs. 1,75,500/- (rupees one lakh seventy five thousand five hundred only) to the Payment Officer one Mr. Vin ­cent Clarke having mobile number 9987388366. When PW1 Swati Maindola (complainant) contacted Mr. Clarke, he advised her to deposit money on a particu ­lar account number of ICICI Bank'. The complainant went on depositing the amount time to time asked by the persons mentioned above, but she did not get any prize money. On 21.11.2007, a call was re ­ceived from one David William through mobile number 9920650094 who told her that he is coming to India and the lottery prize money will have to be cleared -at the airport for which the complainant was asked to deposit further Rs. 1,20,000/- (ru ­pees one lakh twenty thousand only). This was also done by her. On 22.11.2007, David William reached Rishikesh and stayed in Hotel 'Gangakinare' where he showed to the complainant a parcel containing three bundles of green notes. David William made the complainant believe that the bundles contained genuine currency in dollars. On 23.11.2007, he told that since Mr. Clarke has been arrested in Delhi as such he needed further Rs. 33,000/- (rupees thirty three thousand only) for bring ­ing some solution required to be used to clean the currency notes. However, on 14.12.2007, though Dr. George came to Rishikesh but returned on the same day. On smelling rat complainant enquired from her officer of Ananda Hotel where she works as Finance Assistant, about the incident who told her that she has been cheated. On this the complainant Swati Maindola lodged First Information Report on 19.12.2007 at Police Station Narendra Nagar, District Tehri Garhwal against the three accused namely David William, Vin ­cent Clarke and Dr. George.
(3.) ON the basis of first information report (Ex.A2) lodged by PW1 Swati Main ­dola Crime No. 2082 of 2007 was registered against above three accused relating to of ­fences punishable under section 406, 420, 235, 120B I.P.C. and one punishable under section 43/45/66/74 of Information Tech ­nology Act, 2007. The crime was investi ­gated by the Circle Officer Shri Surjeet Singh Panwar, and a team for investigation was constituted. PW4 Station House Offi ­cer Ramesrwar Prasad Sati was also one of the members of said team. The investigat ­ing agency put the mobile numbers dis ­closed by the complainant, belonging to the accused, on surveillance in Delhi, Mumbai and Bangalore. The team (of investigating agency) proceeded for Delhi to locate Dr. George. However, Dr. George failed to turn up at the places where he was asked to col ­lect the money further demanded by him. On 22.12.2007, Dr. George sent three per ­sons (two men and one woman) to Rishikesh for collecting money regarding which complainant gave necessary infor ­mation to the investigating team. The said three persons are the present appellants namely Simon Dunolz, Belive and Chris ­tina who were arrested by the police near Tapowan crossing within the limit of Police Station Munikireti, District Tehri Garhwal. On arrest of the three accused (present ap ­pellants) they disclosed their.identity. The two men are the Nigerian nationals and the third woman accused is Indian national from Assam. The investigating agency re ­covered mobile phones and some Indian and U.S. currency from the appellants re ­garding which Memorandum of Recover ­ies Ex. A5, A6 and A7 were made. The in ­vestigating agency also recovered the solu ­tion and other materials used by accused for making fake foreign currency notes and prepared necessary Recovery Memos. Af ­ter collecting the evidence and on comple ­tion of investigation, Investing Officer submitted charge-sheet against the ac ­cused/appellants, for their trial in respect of offences punishable under sections 406, 220, 235, 120-B, 489, 489-A, 489B, I.P.C., under section 43-J, 45, 66, 74 Information Technology Act and under section 14 of Foreigner Act (other three accused namely Dr. George, Vincent Clarke and David Wil ­liam were shown as absconding suspected and wanted accused).;