DODDAVVA KAMBALE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Challenging judgment of conviction dtd. 21/1/2015 passed by VII Additional District and Sessions Judge, Belagavi, (sitting at Chikkodi) in Crl.A.no.3/2014, revision petition is filed by sole accused (petitioner) against divergent findings.

(2.) Sri Srinand A. Pachhapure, learned counsel for petitioner submitted prosecution case against petitioner was based on complaint dtd. 14/12/2002 by Sri AA Choudari, Police Inspector, DCRE, Belgaum stating, though petitioner belonged to Hindu Jain caste, she filed application before Tahsildar, Athani on 10/8/1992 falsely claiming she belong to 'Hindu Holer' caste and after obtaining false Caste Certificate bearing no.MSC:SR:720/1992-93, applied for loan on 26/8/1992 from Karnataka Scheduled Caste and Scheduled Tribe, Development Corporation Limited, Belgaum ('SC/ST Corporation' for short) for purchase of land, obtained loan of Rs.8,000.00 and subsidy of Rs.8,460.00 and purchased land bearing R.Sy.no.1081/2 measuring 2 Acres situated at Kokatanur village. By knowingly using false caste certificate to obtain loan/subsidy from SC/ST Corporation which would be available only for persons belonging to Scheduled Caste and Tribes, petitioner had committed punishable offences. Based on complaint, Crime no.211/2002 was registered by Athani Police Station for offences punishable under Ss. 196, 198 and 420 of Indian Penal Code, 1860 ('IPC' for short). It was submitted, after investigation, charge-sheet was filed. On receipt of summons, petitioner chose to be tried. During trial, prosecution examined 34 witnesses as PW.1 to PW.34 and got marked Ex.P1 to Ex.P61. Thereafter, petitioner was apprised of incriminating material and her statement recorded under Sec. 313 of CrPC. Petitioner denied all evidence against her and did not choose to lead any evidence.

(3.) After hearing, trial Court framed following points: