Man held for cheating, released after 8 months in jail

A man, held guilty in a loan fraud case, has been allowed to walk free by a Delhi court on the ground that he was the sole bread earner in the family and has spent over eight months in jail and faced the agony of trial for seven years.
Taking a "lenient view", Additional Sessions Judge Praveen Kumar allowed the prayer of convict Dharmender Singh Rawat and modified his jail term from six years to the time he has already spent in prison.
The verdict came on an appeal filed by the man against a magisterial court's September 2015 judgement by which Rawat was awarded six year jail and asked to pay Rs 70,000 fine.

"Taking into consideration facts that the appellant (Rawat) has suffered the agony of the trial for the last about seven years; that appellant has remained in custody for about eight months and 15 days and that he is the sole bread earner in the family; I am of the opinion that appellant is entitled to a lenient view.
"The sentence awarded by the trial court is modified to the extent that appellant is sentenced to the period already undergone by him in custody...," the judge said.
In his appeal filed before the sessions court, Rawat had prayed for a lenient view in sentence but did not challenge his conviction. He, however, did not oppose the fine imposed on him by the trial court.

According to the prosecution, in March 2008, complainant Ram Milan Sahni contacted one Sudhir Pandey on his mobile for a loan after reading a newspaper advertisement. Sahni paid Rs 3,500 to Pandey as file expenses and later was informed telephonically that Rs 10 lakh loan was sanctioned and he should deposit Rs 40,000.
Sahni deposited the money after which the accused closed their New Delhi office. Later during the investigation, police found that accused Rawat was impersonating as Sudhir Pandey.
The magisterial court had awarded punishment under several sections of IPC including 419 (cheating by personation), 420 (cheating) and 120-B (criminal conspiracy).