ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 2nd accused in C.C.No. 74 of 2002 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram (for short, 'the trial court'). The offence alleged are under Ss. 465, 468, 471 r/w 34 of IPC.

(2.) The 1st accused was working as a Clerical Assistant in the office of the Kerala Public Service Commission (for short, 'the KPSC'), Thiruvananthapuram. The 2nd accused/petitioner was working as a Clerk in the Travancore Cochin Medical Council, Thiruvananthapuram. The prosecution case in short is that, the 1 st accused forged Ext.P1 certificate which showed that the 2 nd accused had passed the departmental test and thereafter the latter produced and used it as original before the Travancore Cochin Medical Council, Thiruvananthapuram. It was alleged that the accused shared a common intention and committed the offence.

(3.) The 1st accused expired during trial. The petitioner alone faced trial for the offences under Ss. 465, 468, 471 r/w 34 of IPC. On the side of the prosecution, PW 1 to PW 9 were examined and Exts.P1 to P5 were marked. No defence evidence was adduced. After trial, the trial court found that the petitioner had committed offence punishable under Sec. 471 r/w 465 of IPC and he was convicted for the said offence. He was sentenced to undergo simple imprisonment for one year for the offence under Sec. 471 r/w 465 of IPC. He was found not guilty for the offence under Sec. 468 of IPC and he was acquitted for the said offence. The petitioner challenged the conviction and sentence before the Additional Sessions Court-IV, Thiruvananthapuram (for short, 'the appellate court') in Crl.Appeal No. 101 of 2016. The appellate court confirmed the conviction but reduced the substantive sentence till the rising of the court and to pay a fine of Rs.50,000.00, in default, to suffer simple imprisonment for a further period of two months. This revision petition has been filed challenging the conviction and sentence passed by the trial court as well as the appellate court.