PANNABEN RAMNIKLAL SHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has prayed to quash and set aside judgement and order of conviction passed by learned Chief Judicial Magistrate, Jamnagar in Criminal Case No. 818 of 1987 on 28th August 1990 and also the judgement and order dated 30. 11. 2000 passed by learned Additional Sessions Judge, Jamnagar in Criminal Appeal No. 11 of 1990 on 30. 11. 2000 and acquit the petitioner from the offences under sections 471 and 420 read with section 34 of Indian Penal Code.

(2.) ONE Chandrakant G. Joshi, Child Development Officer of Jamnagar Municipal Corporation filed a complaint with Jamnagar City "a" Division Police Station on 5. 1. 1987 which was registered as C. R. No. 9/87 against the petitioner and her grand mother Laxmiben Devchandbhai. It was alleged in the complaint that the Jamnagar Municipal Corporation had invited applications for appointment of "mukhya Sevika" in the backward area "anganwadis" under the scheme of Child Welfare promulgated by Jamnagar Municipal Corporation. The petitioner had applied for the same and she was selected as one of the women workers and worked as such from 8. 2. 1984 to 11. 9. 1984. Subsequently it was discovered that the petitioner's actual date of birth was 18. 2. 1957 and not 18. 2. 1961 as stated in the affidavit of the accused no1. Hence the complaint came to be filed against the petitioner and her grand mother for making false declaration, fabricating false evidence and cheating punishable under sections 193, 199, 166 and 416 of Indian Penal Code. The services of the petitioner had been terminated.

(3.) THE learned Chief Judicial Magistrate, Jamnagar, after hearing, by judgement and order dated 27. 8. 1990 convicted the petitioner and original accused no. 1 under section 248 (2) of the Criminal Procedure Code for offence punishable under sections 471 and 420 read with section 34 of IPC and sentenced the original accused no. 1 to suffer imprisonment till rising of the court and to pay a fine of Rs. 500, in default to undergo further simple imprisonment for seven days under section 420 read with section 433 of IPC and convicted and sentenced the present petitioner to suffer simple imprisonment for one month and to pay fine of Rs. 500/-, in default to undergo further simple imprisonment for seven days for being guilty of offence under sections 420 read with section 34 of IPC. In the meanwhile the original accused no. 1 expired.