SEEMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this revision application, challenge is to the judgment and order dtd. 7/10/2020 passed by the learned Additional Sessions Judge, Warora, whereby the learned Judge dismissed the appeal filed by the applicant against her conviction and sentence dtd. 3/3/2012 passed by the learned Judicial Magistrate First Class, Bhadrawati. The learned Additional Sessions Judge, Warora, however, reduced the substantive sentence to six months. Learned Judicial Magistrate First Class, Bhadrawati had convicted the applicant for the offences punishable under Ss. 419, 420 and 471 of the Indian Penal Code (for short, 'I.P.C.') and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.500.00, in default of payment of fine to further undergo simple imprisonment of one month for the offence punishable under Sec. 419 of the I.P.C. and sentenced to suffer rigorous imprisonment of one year and to pay a fine of Rs.1000.00, in default of payment of fine to further undergo simple imprisonment of one month for the offence punishable under Sec. 420 of the I.P.C. and sentenced to suffer simple imprisonment of one month and to pay a fine of Rs.200.00, in default of payment of fine to further undergo simple imprisonment for 15 days for the offence punishable under Sec. 471 of the I.P.C.

(2.) The facts leading to this revision application are as follows:-

(3.) PW-10 during the course of the investigation made the inquiry with Mangala Gondane. The inquiry revealed that Mangala took the admission for the BAMS Course at Vidarbh Ayurved Mahavidyalaya, Amravati and successfully completed the said course. The inquiry further revealed that Mangala did not take admission in DEd College at Sindkhed Raja District Buldhana. The admission was taken by her sister Seema by using TC and the mark sheet of Mangala. The investigating officer seized the documents. During the course of the investigation, it was revealed that the applicant misused the documents of her sister. The applicant cheated the Government and Mangala. She committed cheating by personation.