VARSHABEN DASHRATHLAL TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is a revision application preferred under Section 397 read with Section 401 CrPC. It is the case of prosecution that on 18th January 1993, oneShri A.A Solankicomplainant herein, lodged a complaint against the present applicantrevisionist [original accused] inter alia contending that while getting job of a Teacher, she had submitted a certificate of SSC Board, which was forged and concocted and with the aid of such fraudulent document, she continued to enjoy the benefit of salary, and in such background, offences under Sections 465, 468, 471, 420 IPC were alleged to have been committed by her.

(2.) AFTER due inquiry, chargesheet was submitted by the Investigating Officer in connection with IC.

(3.) LEARNED advocate Shri Ashish Dagli appearing for the revisionist has urged this Court that the Courts below considered the documents without verifying the veracity and genuineness of such documents. He urged that the complaint in the offence alleged has been filed after a lapse of five years, and there is no evidence worth the name for explaining such a delay and therefore also, conviction be not sustained. He further urged that the findings recorded are based on the evidences, which are not cogent and creditworthy and therefore, serious question of interpretation of facts and law arise in the instant case, and hence, this Court requires to interfere in powers of revision. He urged further that the orders of both the Courts below do not inspire confidence and can be held to be per verse for not having been based on correct appreciation of the principles of evidence. He further urged this Court that against the order and judgment of the Sessions Court dated 31st January 2008, this revision was preferred on 6th February 2008 and this Court [Coram : Bankim N Mehta, J.] by order dated 11th February 2008 had released the applicantrevisionist on bail and she continues to enjoy that discretion till this date. He further urges that the husband of the revisionist had filed an affidavit dated 8th February 2008; prior to the Court considering her request for being released, pending the revision application. However, now she has also filed such affidavit. Learned advocate earnestly urged that the revisionists is a lady, aged about 53 years, having huge responsibilities towards her family and therefore, in the alternative, she be given benefit of the provisions of the Probation of Offenders Act, 1958 and of Section 360 of IPC.