R. PANJAVARNAM Vs. STATE

JUDGEMENT

(1.) This Criminal R.C. is filed against the judgment passed in C.A. No.32 of 2009 dated 12.10.2009 on the file of the Additional Sessions Judge, Fast Track Court No.II, Madurai.

(2.) The Revision Petitioner was working as Nutrition Meal Organiser in West Podumbu Village, Madurai District since 01.02.1982. At the time of her appointment, her educational qualification was 8th Standard. On 01.03.1995 as per the order passed by the District Nutrition Plan Officer, she was promoted as Child Care Officer in the same Nutritious Centre with a condition that within 3 years from the date of promotion she had to complete her school final or otherwise she would be depromoted without any notice. She was working as Child Care Officer since 15.03.1995. Without passing school final, with a mala fide intention to hold the post, she cheated the Government by producing a Certificate with Registration No.498875, Certificate No.2498961 to the Child Care Officer in the Office of the Divisional Nutritious Project Officer. Later it was found out that the certificate given by her is a forged document. In order to hold the promotion, she gave the forged certificate. Therefore, she committed the offence under Sections 420, 468 and 471 of IPC.

(3.) Before the Trial Court, as many as 5 witnesses were examined and 9 documents were marked. The defence taken by the accused is that she is not aware of the forgery in the document. After considering the evidence on record, the Trial Court held that after receipt of Ex.P2-Mark Sheet, the xerox copy might have been taken before signing in that and this might have happened in this case. Therefore, the Trial Court convicted the petitioner / accused under Sec. 420 Indian Penal Code and sentenced to undergo 2 years S.I. and to pay a fine of Rs. 500.00 in default, to undergo 3 months S.I.; convicted the petitioner / accused under Sec. 468 Indian Penal Code and sentenced to undergo 2 years S.I. and to pay a fine of Rs. 500.00 in default, to undergo 3 months S.I. and convicted the petitioner / accused under Sec. 471 Indian Penal Code and sentenced to undergo 2 years S.I. and to pay a fine of Rs. 500.00 in default, to undergo 3 months S.I. The sentences were ordered to run concurrently.