STATE OF GUJARAT Vs. BHAIJIBHAI PUJABHAI VAGHELA

JUDGEMENT

(1.) By way of present appeal under the Provisions of Section 378(1)(3) of the Code of Criminal Procedure, 1973, the appellant? State of Gujarat has challenged the judgment and order dated 29.11.2017 passed by the learned Principal Sessions Judge, Gandhinagar ('learned Appellate Court' for short) in Criminal Appeal No.32 of 2015, by which, the learned Sessions Judge has quashed and set aside the decision dated 14.11.2006 of the learned Chief Judicial Magistrate, Gandhinagar passed in Criminal Case No.13032 of 2006, by which, the respondent ? accused was convicted. The respondent? accused came to be acquitted by the learned Appellate Court.

(2.) Pursuant to notice issued by this Court, learned Advocate Mr. Yatin Soni has appeared on behalf of respondent?original accused and filed affidavit?in?reply dated 02.05.2018. [3] The brief facts emerge from the record are as under:? [3.1] That an FIR came to be lodged on 30.05.2006 against the present respondent for the offences punishable under Sections 406, 420 and 114 of the Indian Penal Code alleging that he has obtained false certificate about his caste. The case of the prosecution is that though the respondent is of "Waghri" community ? non?scheduled Castes, he has produced the certificate dated 11.10.1973 issued by the Mamlatdar, Dholka showing his caste as "Parghi" of Scheduled Caste and obtained job as a Typist?cum?Clerk in the Government Office. He was also promoted on two occasions. After completion of the investigation, charge?sheet came to be filed. [3.2] The charge came to be framed at Exh. 4, the respondent denied the charges levelled against him. Hence, trial was conducted. The prosecution examined 14 witnesses as well as produced documentary evidence. The learned Chief Judicial Magistrate, Gandhinagar, by his judgment and order dated 30.03.2015, convicted the respondent ? accused for the offence under Section 420 of IPC and ordered to undergo 2 years rigorous imprisonment with fine of Rs.5000/? and in default thereof two months rigorous imprisonment. The respondent came to be acquitted for the offence punishable under Section 406 of IPC. The said decision was challenged by the respondent?accused? convict, by way of filing a Criminal Appeal No.32 of 2014 before the learned Principal Sessions Judge, Gandhinagar. The Appellate Court allowed the said Criminal Appeal and given the benefit of doubt and acquitted the respondent - accused from all charges levelled against him. [3.3] Hence the present appeal.

(3.) Mr. Hardik Soni, learned Additional Public Prosecutor appearing for the appellant would submit that the learned Appellate Court has committed an error in reversing the decision of the learned Trial Court. The charges levelled against the respondent were proved and therefore, the present appeal may be allowed.