STATE OF GUJARAT Vs. TULSHIBEN HIRABHAI SUDANI

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment and order dated 11.10.1994 passed by the learned Chief Judicial Magistrate First Class, Rajkot, whereby, the respondent accused has been acquitted for the offence punishable under sec. 465, 468, 471, 406, 420 of IPC.

(2.) The fact of the case is that the present respondent accused has produced the mark-sheet of P.T.C. And got appointment as teacher on 28.10.1981 and by Government circular it was directed to verify the original record of last 5 years appointment. On verification it was found that the PTC mark-sheet was bogus and, therefore, for committing the fraud with the Government, a complaint was lodged against the accused under sec. 465, 468, 471, 406 & 420 of IPC. The accused pleaded not guilty, therefore, the complainant has examined himself and produced certain documents. Thereafter, the Principal of Dhrol Adhyapan Mandir PW-2 Hematlal Jethalal Thakar Ex. 7 and PW-3 Indukumar Nathalal Vyas Ex. 16 examined and they have produced several documents on record. PW-4 Navalsinh Shivubha Zala, PSI, was also examined at Ex. 25. After recording the statement of the accused under sec. 313 of CrPC, the trial court has considered the evidence, more particularly, in paras no. 13, 14, 16 & 17. In para-19, it is observed by the trial court that the originally the accused was declared pass but subsequently he was found failed in the examination and original mark-sheet was not returned. In that view of the matter and considering the evidence on record as discussed in para-19 and 20, the trial court has acquitted the accused.

(3.) The learned APP Mr. Jani for the appellant was not in a position to show the evidence on record to reverse the finding of the trial court. The principle which would govern and regulate the hearing of appeal by this Court against an order of acquittal passed by the trial Court have been very succinctly explained by the Apex Court in a catena of decisions. This Court has the power to re-consider the whole issue involved in the appeal, re-appraise the evidence and come to its own conclusion and findings in place of the findings recorded by the trial Court, if the said findings are against the weight of the evidence on record or, in other words, perverse. Even in a recent decision of the Apex Court in the case of State of Goa v. Sanjay Thakran & Anr. Reported in (2007)3 SCC 755, the Court has reiterated similar principle. In para-16 of the said decision, the Court has observed as under: