(1.) This Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure has been filed by the applicant-original accused No.1 being aggrieved dissatisfied with the judgment and order dated 5-10-2009 passed by the learned Addl. Sessions Judge, Fast Track Court No.4, Nadiad, in Criminal Appeal No.19 of 2001 whereby the learned Judge has confirmed the judgment and order dated 19-4-2001 passed by the learned Judicial Magistrate (First Class), Dakor, Camp at Thasra in Criminal Case No.205 of 1990 convicting and sentencing him to suffer RI for six months with a fine of Rs.1,000/- for the offence punishable under Sec.465 of IPC, in default to suffer further SI of three months; RI for three years with a fine of Rs.2,000/- for the offence punishable under Sec.467 of IPC, in default to suffer further SI of six months; RI for one year with a fine of Rs.1,000/- for the offence punishable under Sec.471 of IPC, in default to suffer further SI of three months and RI for six months with a fine of Rs.1,000/- for the offence punishable under Sec.417 of IPC, in default to suffer further SI of three months. All the sentences were ordered to run concurrently.
(2.) The short facts are that a complaint was filed against the present applicant and two others by the complainant alleging that the applicant-original accused No.1, in order to get a job, corrected his original marks by writing more marks than the original marks in the mark-sheet. The allegations against the original accused Nos.2 and 3 were that they, without verifying the market and certificate, called the original accused No.1 for interview. The said complaint was registered as C.R.No.245 of 1989 before Thasra Police Station for the offences punishable under Secs.465, 467, 468, 471, 417 and 114 of IPC. The investigating Officer at the end of investigation filed charge sheet against the accused in the Court of Judicial Magistrate (First Class), Dakor, Camp at Thasra. Upon the summons being served on the accused, they appeared through their advocate before the trial court. The learned Magistrate thereafter framed charge against the accused at Ex.8. The charge was read over and explained to the accused. As the accused denied the charges and claimed to be tried, to prove the charge against the accused, prosecution examined in all four witnesses and also placed reliance upon documentary evidence numbering 15. On submission of closing purshis by the prosecution, learned Judge recorded further statement of the accused under Sec.313 of Cr.P.C. On conclusion of trial and on hearing the learned advocates appearing for the respective parties, the learned Judicial Magistrate (First Class), Dakor, Camp at Thasra, vide judgment and order dated 19-4-2001 passed in Criminal Case No.205 of 1990 convicted and sentenced the accused as stated in earlier part of this judgment. The appeal being Criminal Appeal No.19 of 2001 was dismissed vide judgment and order 5-10-2009 passed by the learned Addl. Sessions Judge, Fast Track Court No.4, Nadiad. Hence, the present revision by the applicant-original accused No.1.
(3.) When the aforesaid revision has come up for hearing, with the consent of learned advocates appearing for the respective parties, this revision is taken up for final hearing today.