ABHIJIT GEORGE Vs. ASSISTANT SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Revision Petitioner is the accused in C.C.No.582/2010 on the file of Judicial First Class Magistrate Court II, Mananthavady and he is the appellant in Crl.A.No.106/2015 of the Sessions Court, Wayanad. In this revision, he calls in question the conviction and sentence against him for the offence punishable under Sec. 471 IPC.

(2.) In brief prosecution case is that on 1/6/2010 at around 12.15 pm. near Government High School at Mananthavady while the Sub Inspector of Police, Mananthavady intercepted the autorickshaw bearing registration No.KL-12E/3409, for vehicle checking, A1 who was the driver of the said autorickshaw produced a forged driving licence in his name as genuine. As per the prosecution case, it was A2 to A7 who aided A1 in forging the driving licence. Accused 1 to 7 thereby committed offences punishable under Ss. 468 and 471 IPC.

(3.) During trial, A7 died and the charge against him abated. After trial, the learned Magistrate found A2 to A6 not guilty and acquitted them under Sec. 248(1) of Cr.P.C. A1/revision petitioner herein was found guilty of the offence punishable under Sec. 471 IPC and he was convicted and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs,3,000/- with default custodial sentence of one month. A1 was found not guilty under Sec. 468 IPC and was acquitted of the said offence. The conviction and sentence against the revision petitioner for the offence under Sec. 471 IPC was confirmed by the Sessions Court in Criminal Appeal No.106/2015.