GURJEET SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present criminal revision has been preferred against the judgment and order dtd. 19/2/2013, passed by 3rd Additional District Judge/Sessions Judge, Udham Singh Nagar in Criminal Appeal No.13 of 2008 Gurjeet Singh Vs. State of Uttarakhand, whereby the appeal filed by the revisionist/accused was dismissed and the judgment and order dtd. 26/2/2008 passed by learned Special Judicial Magistrate, Khatima, Udham Singh Nagar in Criminal Case No.449 of 2006(98) State Vs. Gurjeet Singh, whereby, the conviction of revisionist/ accused was modified only from 420 IPC to 420/511 IPC, rest of the part of conviction was affirmed and modified as under:- <FRM>JUDGEMENT_3_LAWS(UTN)12_2023_1.html</FRM> Aforesaid sentences were directed to run concurrently.

(3.) The facts of the case are that the complainant-informant Ajay Kumar Singh, Inspector, Local Intelligence Unit, Udham Singh Nagar made a written complaint to the Superintendent of Police, Udham Singh Nagar stating therein that the revisionist/accused-Gurjeet Singh has moved an application for seeking passport and during the inquiry of the said applicationfile no.402(2230)/98, which was conducted by Sub-Inspector, L.I.U. Lakshmi Narayan Tyagi, it came to the notice that the revisionist/accused has made interpolation in his date of birth, which was written as 1/7/1980 in Column-4 of the personal details form and changed it by cutting and overwriting to 1/1/1973. On further inquiry, it was found that in the family register of the revisionist/accused maintained at Gram Sabha Bhitaura, on page number 101, the date of birth of revisionist/accused-Gurjeet Singh was recorded as 1975. On further inquiry, it was found that revisionist/ accused-Gurjeet Singh passed High School Examination in the year 1997 from Guru Nanak Higher Secondary School, Sitarganj and in his high-school certificate/ mark-sheet, the date of birth is recorded as 1/7/1980. It is further contended by the informant that the revisionist/accused-Gurjeet Singh annexed transfer certificate of Sarvodaya Purva Madhyamik School (Junior High School), Sitarganj with his application form in proof of his date of birth, but when enquired regarding this certificate, it was found on the information given by Mr. Dhruv Narayan Sharma-Head Master, Sarvodaya Purva Madhyamik School, Sitarganj that the revisionist/ accused-Gurjeet Singh, S/o Anokh Singh, R/o Bhitaura Police Station, Sitarganj, was never been student of the aforesaid school and no such transfer certificate was ever been issued to him by the said school. In the scholar register, instead of name of revisionist/accused-Gurjeet Singh, the name of one-Rakesh Mittal, S/o Fateh Chandra Mittal, R/o Rampura, Sitarganj was entered at S.No. 788. According to the informant, the date of birth certificate annexed by Gurjeet Singh-revisionist/accused obtained from Sarvodaya Purva Madhyamik School, Sitarganj was a forged document.