STATE OF GUJARAT Vs. SHANTILAL PARSHOTTAMBHAI PATEL

JUDGEMENT

(1.) The present appeal, under section 378(1)(3) of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 31.07.2003 passed by the learned Judicial Magistrate, First Class, Zalod, in Criminal Case No. 1647 of 1995, whereby the learned Magistrate has acquitted the respondents accused from the charges leveled against them.

(2.) The brief facts of the prosecution case are as under: That the complainant N.V. Palas was serving as Educational Inspector in the office of the District Education Officer, Panchmahal, Godhra. That as per the instruction issued by the District Education Officer, vide letter dated 9.8.1995, the complainant paid surprise visit in the school of Nathiben High School, Zalod, Muvada and on inspection he found that the said school was illegally getting grant-in-aid by keeping bogus students. As a matter of fact if average students were not available in each class the school should have made an application for exemption. But, instead of that the School management by threatening the teachers showed the presence of more number of students than the actual number. The management also gots answer book to be written from bogus students for the students who were not regular students and who were not regularly attending the school and tehreby creating fabricated documents for the purpose of getting grant from the Government. The accused has thus created fabricated and forged documents and thereby committed the offences under Sections 465, 468, 420 and 114 of I.P. Code. Therefore, the complaint was filed against the respondents accused before Police.

(3.) Pursuant to the said complaint necessary investigation was carried out by the Police and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge-sheet was filed against them before the court of learned JMFC. The trial was initiated against the respondents and at the end of trial, after recording the statement of the accused under section 313 of Cr.P.C., and hearing arguments on behalf of prosecution and the defence, the learned Magistrate acquitted the respondents of all the charges leveled against them by judgement and order dated 31.07.2003.