N.R.NAGARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner was accused in Criminal Case No.346/2007, in the Court of the Additional Civil Judge and Judicial Magistrate First Class, at Hosadurga (hereinafter for brevity referred to as "the Trial Court"), who, by the judgment of conviction and order on sentence dtd. 18/1/2013 of the Trial Court, was convicted for the offence punishable under Ss. 420 and 471 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as "the IPC ") and was sentenced accordingly. Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No.17/2013, in the Court of the Principal District and Sessions Judge, at Chitradurga, (hereinafter for brevity referred to as the "the Sessions Judge's Court"), which, after hearing both side, dismissed the appeal, by confirming the judgment of conviction and order on sentence passed by the Trial Court, however, reduced the default sentence to two months only in respect of the offence punishable under Sec. 471 of the IPC. It is challenging the judgments passed by both the Trial Court as well the learned Sessions Judge's Court, the accused/petitioner herein has preferred the present revision petition.

(2.) The summary of the case of the prosecution in the Trial Court was that, on the date 16/10/2000, in Hosadurga, the accused produced a fake Pre-University Course Marks Card and secured admission in the Government Teachers' Training Institute, Hosadurga, for the academic year 2001-02. The accused, dishonestly, induced the Institution and deceived to get admission by producing a fake Marks Card. The Superintendent of the Teachers' Training Institute suspected the genuineness of the document. After thorough enquiry, it was revealed that the accused had produced a forged Pre- University Course Marks Card which was showing that the accused had secured more marks in the II year Pre-University Course than actually what he had obtained, thus enabling the accused to secure a seat in the Institution for D.Ed. Course. Thus, the accused had cheated the Institution and also the Government. It is based upon the complaint filed by the complainant to the respondent Police Station, a crime against him in their Station Crime No.224/2002 came to be registered. After investigation, the Police filed charge sheet against the accused for the offences punishable under Ss. 420 and 471 of the IPC.

(3.) The accused appeared in the Trial Court and contested the matter through his counsel. The accused pleaded not guilty. As such, in order to prove the alleged guilt against the accused, the prosecution got examined in all ten (10) witnesses from PW-1 to PW-10 and got marked documents from Exs.P-1 to P-7(a). However, neither any witness was examined nor any documents were got marked on behalf of the accused.