STATE OF KERALA Vs. M K RAGHU

JUDGEMENT

(1.) Respondent was charge sheeted with the offences punishable under S.468, 471, 420 and 201 of the Indian Penal Code in C C 2 of 1983. He absconded and when arrested and produced, the case was renumbered as C. C. 16 of 1983. The Special Judicial First Class Magistrate, Ernakulam discharged him under S.239. State is challenging the order of discharge.

(2.) Respondent was a Pre degree student in the Arts College, Trivandrum during the years 1979-80 and 1980-81. He failed with very poor marks. Thereafter he received the mark list from the University and acknowledged the same. With the intention of securing admission to the M. B. B. S. Course he prepared a fabricated marklist and destroyed the original. He purchased an application form for admission to the Medical Course and entrusted the same with the mark list prepared by him to CW.42 for filling it up. After getting it filled up by Cw. 42 and signed by him, he got prepared a typewritten copy of the false mark list through Cw.47. He also secured a nativity and income certificate through Cw. 44 and submitted the application with these papers. Then the false mark list prepared by him was destroyed. The name of the respondent was included in the provisional rank list for admission. This is the prosecution version in brief.

(3.) Before preliminary hearing the respondent sent a petition to the Magistrate by post from jail. He explained in the petition that he had no intention to commit any offence and what he wanted was to make a belief in the parents and the local people that he passed in first class and applied for admission to the medical course but failed to secure admission. He said that for this purpose he sent only a defective and incomplete application thinking that it will be rejected for that reason. His counsel argued for discharge based on this petition and contended that the prosecution records also support his case. The magistrate was persuaded by the arguments supported by the prosecution records and he discharged the respondent by an elaborate order.