STATE OF GUJARAT Vs. ABDUL KARIMBHAI KURESHI

JUDGEMENT

(1.) The appellant - State has preferred present Appeal under section 378(1)(3) of the Code of Criminal Procedure, 1973, against the impugned judgment and order dated 27.3.2006 passed by the learned Chief Judicial Magistrate, Junagadh, in Criminal Case No.7145 of 1993, by which the learned Magistrate acquitted the respondent - original accused for the offences punishable under sections 420, 466, 468, 471 and 511 of the Indian Penal Code.

(2.) As per the case of the prosecution, the complainant - Nagjibhai Nanjibhai Raksiya was working as Supervisor in the Administrative Branch of Gujarat State Road Transport Corporation, Junagadh. At that time, there was an advertisement was published by the Corporation to appoint Driver and the candidate has to apply in a prescribed form with requisite educational and other relevant certificates. Besides, the candidate, has to produce the certificate of the school, wherein he has studied and has to submit the application form for the post of Driver with correct details of the candidate and he has to put his signature in the application. As per the case of the prosecution, after receiving the application forms with relevant documents, the Corporation has to verify and follow the procedure. In connection to the said advertisement for the post of Driver, the respondent - original accused has applied for the post of Driver in the prescribed form and he has attached the certificate of school of village Vallabhipur. During the course of verification, the Head of the Corporation, Junagadh, wrote a letter to the Principal of said School on 12.11.1990. The Corporation received reply from the said School stating that the certificate, which was attached by the accused, was never issued by the said School and the accused had never studied in their school. On inquiry made by Junagadh Unit of Corporation, it was found that the accused has committed serious offence punishable under sections 466, 468, 471, 477, 420 and 511 of the Indian Penal Code. So, the complainant submitted report to the concerned Authority of his Department and after obtaining opinion, the complaint was filed before the learned Chief Judicial Magistrate and M. Case was entered as No.56/92. Thereafter, investigation was carried and statements of witnesses were recorded and arrest of the accused was made and thereafter, charge-sheet was filed. The charge was framed against the accused and the accused pleaded not guilty. Therefore, the prosecution examined following witness to prove the case against the accused. <FRM>JUDGEMENT_278_LAWS(GJH)12_2015_1.html</FRM>

(3.) The Prosecution has also produced following documentary evidence : <FRM>JUDGEMENT_278_LAWS(GJH)12_2015_2.html</FRM>