STATE OF KERALA Vs. C P AHAMED KOYA

JUDGEMENT

(1.) This is an appeal by special leave filed by the State against the acquittal of the respondent by the Sessions Judge, Kozhikode.

(2.) The respondent was a Teacher. Pursuant to complaints from the public that bogus ration cards are attached to some ration shops, the Government took steps to verify these ration cards. Teachers were appointed to do the work. One of the persons deputed for the verification work was the respondent. Alleging commission of an offence punishable under section 468 of the Indian Penal Code C.C. No. 77 of 1977 was charge-sheeted against him and it was tried by Chief Judicial Magistrate, Calicut. The allegation against him was that he reported the genuineness of the declarations concerning some ration cards attached to ration shop No. ARD. 52. Ext. P. 31 is the report of verification submitted by him. On a re-verification it was found that Ext. P. 31 included lists of fictitious persons for whom ration cards were issued. It was under these circumstances that the case happened to be charge-sheeted against him.

(3.) In C.C. No. 77 of 1977 the learned Magistrate found the respondent guilty, He was convicted and sentenced. In Criminal Appeal No. 769 of 1979 the Sessions Judge, Kozhikode found that the factual finding of the Magistrate regarding the commission is correct. At the same time the Sessions Judge was of view that the facts disclosed will not constitute an offence punishable under section 468 of the Indian Penal Code. Reasons in support of that finding were also given. According to the Sessions Judge the allegations will only amount to an offence punishable under section 477- A of the Indian Penal Code. This finding is challenged in appeal and hence the first question to be considered is whether the allegation and evidence do not constitute an offence punishable under section 468 but only an offence punishable under section 477-A of the Indian Penal Code.