STATE OF GUJARAT Vs. JIVANBHAI DHUDABHAI PATANI

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the Judgment and order of acquittal dated 31.12.2004 passed by the learned Chief Judicial Magistrate, Patan, in Criminal Case No.2296 of 1995, whereby the learned Magistrate has acquitted the respondent accused from the charges levelled against him.

(2.) THE brief facts of the case of prosecution is that on respondent knowing that as per the government resolution dated 30.03.1963 he is not belonging to SC/ST and inspite of this fact the respondent has obtained certificate from Mamlatdar, Patan on 7.4.1972 and thereafter obtained certificate from Social Welfare Officer, Mehsana on 20.06.1972 and thereafter it was produced for concession in fees during course of admission in college with admission application. It is alleged that in the said application for admission there is handwriting of respondent and stated that he is belonging to SC/ST and thus according to the case of the prosecution the accused who was knowing that he was not member of SC/ST, and in spite of that produced false certificate of SC/ST and thereby committed cheating with government. It is also alleged that by committing cheat with government certificate obtained by respondent was produced for appointment of Police Sub Inspector and, therefore, committed an offence punishable under Section 420, 468 and 471 of the Indian Penal Coder. Therefore, the complainant lodged complaint against the accused respondents for the offences punishable under Section 420, 468 and 471 of I.P. Code. Thereafter, after investigation, the Police filed charge -sheet against the accused in the Court of learned Magistrate.

(3.) TO prove the case against the present respondent accused, the prosecution has examined the witnesses and also produced documentary evidence.