PRAKASAN, S/O. AYYAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the 1st accused in C.C. No.31/1999 of the Judicial First Class Magistrate Court, Kunnamkulam. He and two others faced prosecution in the court below under Sections 120(b), 468, 471 and 420 read with Section 34 IPC on the allegation that he corrected his date of birth in his SSLC book with the assistance of the other accused, and submitted an application for driving licence along with the true copy of the certificate certified by the 3rd accused. The accused thus obtained a licence, but it was later revoked by the licencing authority, on detection of the forgery made by the accused, and on the complaint made by the licencing authority, the crime was registered by the police. After investigation, the police submitted final report against the three accused. The 2nd accused is said to be the agent, who helped the 1st accused to correct the date of birth in the SSLC book, and the 3rd accused is said to be the gazetted officer, who falsely certified the true copy of the SSLC book with the knowledge that it is false. Accused Nos.1 and 3 appeared before the trial court, and pleaded not guilty to the charge framed against them under Sections 120(b), 468, 471 and 420 read with Section 34 IPC. Pending the proceedings, the 2nd accused died on 18.8.1993, and the case against him thus abated.

(2.) The prosecution examined eight witnesses, and proved Exts.P1 to P12 documents in the trial court. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 They did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the 3rd accused not guilty of any of the offences, and accordingly, he was acquitted. The 1st accused was found guilty of the offences under Sections 468 and 471 IPC. On conviction, he was sentenced to undergo rigorous imprisonment for six months under Section 468 IPC, and to undergo rigorous imprisonment for three months under Section 471 IPC. Aggrieved by the judgment of conviction dated 21.6.2001, the 1st accused approached the Court of Session, Thrissur with Crl.A. No.343/2001. In appeal, the learned Additional Sessions Judge (Adhoc)-II, Thrissur confirmed the conviction and sentence, and accordingly, dismissed the appeal on 11.2.2004. Now, the 1st accused has come up in revision, challenging the legality and propriety of the conviction and sentence.