SARVJEET MAHTO Vs. STATE THR. CBI

JUDGEMENT

(1.) By way of this petition filed under section 401 read with Section 397 of the Code of Criminal Procedure, 1873, the revisionist seeks to challenge the impugned order dated 18.09.2012, passed by Sh. P.S Teji, District Judge (East ) cum Special Judge, CBI, Karkardooma Courts , New Delhi in Crl. Appeal 11/2012 and judgment dated 30.03.2012 and order on sentence dated 09.04.2012 passed by Ms. Kiran Bansal, Additional Chief Metropolitan Magistrate , Karkardooma Courts in Criminal Case no. 02/2010 in case FIR. No. RC 4 (S) /2009/ CBI/ SC-I/ N Delhi.

(2.) The brief facts of the case relevant for deciding the present petition are that on 18.06.2009, the FIR was registered against the Petitioner under section 120 B read with Sections 420, 465, 467, 468, 471 and 472 of the Indian Penal Code, 1806. The allegation against the accused is that he obtained employment on the post of peon, on the basis of forged and fabricated caste certificate. The learned trial court framed charges under Section 420 IPC and 471 IPC read with section 468 IPC against the accused.

(3.) It is the case of the Petitioner that both the Courts below failed to appreciate the fact that the petitioner right from the stage of the investigation categorically took a stand that the caste certificate in question was provided to him by his grandfather, Shri Chandrika Mahto, who was not alive at the time when he sought employment with the Oriental Insurance Company. Counsel further submitted that once the person himself has no knowledge about the said certificate being forged, therefore, no offence under Section 471 IPC could be attracted against him and, therefore, the conviction of the petitioner for committing the offence is ex facie illegal.