: Holding that extorting money from a person in the guise of a policeman without injuring him also amounts to robbery and those accused in the case would come under the ambit of robbery by means of extortion, Madras High Court bench today confirmed the conviction of a lower court sentencing three persons to seven years Rigorous Imprisonment.
Justice S Nagamuthu confirmed the conviction of the trio, who robbed two men of Rs five lakh on February 13 1999 in Soolkarai when they were carrying a precious stone for sale.
The judge said there was no need for an identification parade now and that made in court for the first time was enough in this case.
The three 'policemen' had come in a van, asked Rajeswaran to leave his car and accompany them to the police station, saying they had 'information' about them carrying funds for terror outfit Al Umma. Later they took away the money.
After some distance, they had asked Rajeshwaran, with whom the buyer Udayakumar had sent the money, to go get his car.
Rajendran, the other person in the car, claimed that Rajeshwaran was one of the conspirators and had planned the robbery in advance.
The court said since the buyer had been cheated there was no motive for him to implicate them in the case.
The judge was hearing the appeal of three of the accused, including P Rajendran, Kumar and Rajendran.
Rajendran said his namesake had cheated Udhayakumar, an estate owner in megamalai in theni district, by making him believe that the precious stone was genuine.
Udhayakumar had negotiated and agreed to buy the stone for Rs five lakh and had sent the money through Rajeswaran and Rajendran.
Rajendran conspired with others and asked them to pose as police at Ettinayakan Patti and check their vehicle even as he was travelling with Rajeswaran.
The accused were sentenced by the trial court on Dec 27 2994 to seven years RI and also slapped with a Rs 5000 fine.
Kumar submitted his wife was physically challenged, he had a child and sought to reduce the sentence and offered to pay a fine of Rs 25,000.
Rajendran said he was now a pastor and sought to reduce the sentence and opted to pay more fine.
P Rajendran, the fifth accused, said he had already undergone 11 months imprisonment, was a labourer and had to take care of two children.
The judge reduced their sentence to three years RI and also asked them to pay a fine of Rs 25000.
He directed police to take the appellants into custody and produce them before the addtional district judge,Virudhunagar, who would commit them to prison with appropriate warrant.
