STATE OF GUJARAT Vs. SISODIYA MAMAIYA BABULAL

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 30.11.2005 passed by learned Chief Judicial Magistrate, Junagadh, in Criminal Case No.2167/1996, whereby the learned Judge acquitted the present respondentoriginal accused, who was facing charges against Sections 468, 471 and 465 of the Indian Penal Code, 1860 (the IPC).

(2.) The brief facts of the prosecution case are that the respondentaccused in the year 198385 for getting a job as clerk fabricated the S.S.C. certificate and a false marksheet was produced, which was unearthed and, therefore, he has committed the aforesaid offences. The accused had produced the mark sheet and he was selected on the basis of the said document. It was alleged that the documents attached with the application were forged and fabricated. Original marksheet and the original leaving certificate were sent by Mamlatdar, Maliya Hatina to Collector, which was sent to Vadodara S.C.C. Board. It was stated by the Secretary SSC Board that the marksheet was not correct. That is how the investigation started and, therefore, PW1 had lodged complaint in the year 1995 of forgery against the accused. Necessary investigation was carried out and statements of several witnesses were recorded and chargesheet was filed against him in the Court of learned Chief Judicial Magistrate, Junagadh, which was numbered as Criminal Case No.2167/1996. The trial was initiated against the respondentaccused.

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