SHARAD DINKAR KAPSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original accused No. 2 Sharad Kapse as the appellant here. He is alleged to have forged a migration certificate as well as a mark sheet purported to be of the Board of Secondary Education, M.P. Bhopal and to have cheated the University of Poona by using these forged documents and helping accused No. 1 Mohan Girme in getting admission in the college affiliated to the University of Poona. He as well as the first accused therefore were charged of the offence punishable under section 120-B read with sections 465, 467, 468, 471 read with section 467, 420 I.P.C. The appellant was also separately charged under sections 467, 420 read with section 511 and 471 read with section 469 read with section 109 I.P.C. as well as under section 463 I.P.C. Mohan Girme the first accused wanted to join Shahu Mandir Mahavidyalaya in August 1969 and therefore sought admission to the second year in B.A. Class in that college. He had filed an application for admission representing that he had passed the Intermediate Arts examination of the Board of Secondary Education, M.P. Bhopal in 1967. This, he represented on the basis of the mark sheet as well as the migration certificate purported to have been issued by the Board. He asked for the eligibility certificate on the basis of those two forged certificates. When these two certificates were sent to the Poona University Mr. Kulkarni, Controller of Examinations suspected the genuineness of the two certificates and therefore sent them for verification to Bhopal. It was found there that those two certificates were bogus and that the first accused had never appeared for the Boards examination. When the report of the Secretary of the Board, Bhopal was received by the University, they directed Shahu Mandir Mahavidyalaya to cancel the provisional admission given to the first accused. A complaint was also filed with the police charging both the accused with the offences. During the course of the investigation the specimen handwriting of the appellant was also taken in the presence of the panch witnesses and after the necessary investigation a charge-sheet was sent against both the accused. The first accused pleaded guilty. He admitted having used the certificates as genuine ones, though they were forged. He admitted all the charges but said that he is a young lad and that he fell prey to the temptation placed before him by the appellant here. The appellant claimed to be tried and said that he did not forge the disputed documents. On the basis of the evidence led by the prosecution, the learned Addl. Sessions Judge accepted the persecution evidence and therefore, held both of them guilty. Accused No. 1, however, was acquitted of the offences under sections 467 and 468 I.P.C. But was convicted of the offences under sections 417, 420 read with sections 511 and 471 read with section 467 I.P.C. and was sentenced to various fines as well as to imprisonment till the rising of the Court. The appellant is also convicted of the offence under sections 467 and 468 I.P.C. and also under sections 420, 467 and 471 I.P.C. He was sentenced to various amounts of fine and the maximum sentence inflicted is one year. This sentence is ordered to run concurrently with the sentence passed in the other two Sessions cases. This order of conviction and sentence, therefore, is challenged here.

(2.) The prosecution have examined Sadashiv Mulik, a clerk in Shahu Mandir Mahavidyalaya who has established that the first accused sought admission to the college and produced the documents, which were given by the first accused. He produced the application for admission to the college as well as the forged certificates there. We have then the evidence of Pandit Kulkarni of the Poona University, who has stated that the mark sheet as well as the migration certificates were received from the college. He because of suspicion wrote a letter, which he produced, to the Board of Secondary Education, Bhopal. After the reciept of the report that the two documents were forged he wrote to the Principal about the results and asked him to cancel the provisional admission. He then lodged a complaint with the Police. We have then the evidence of Amrit Pradhan, who was serving in the office of the Board of Secondary Education, Bhopal. He proves the letter sent by the Secretary, Board of Secondary Education to the Poona University as well a complaint sent by the secretary of the Police Commissioner, Poona.

(3.) This evidence, therefore, clearly shows that the first accused sought for admission and eligibility certificate from the Poona University on the basis of the forged certificate. The Secretary found out from the Boards record that the first accused did not appear for any examination of the Board and they did not issue any migration certificate or the mark sheet to him. Evidently, therefore the two certificates purported to have been issued the Bhopal Board were false and fraudulent. In addition to the above evidence we have the evidence of Namdeo Rane, upper division clerk in the district Education Office, Indore. He produced the application for leave and also for leave forms by the second accused. They are produced for the purpose of showing what the natural writing of the appellant is. Then we have the evidence of Tukaram Maniar and Shahsikant Kulkarni to establish that the specimen handwriting of the appellant was taken on different sheets of paper. The panchanama is also on record. These specimen handwritings and the natural hand writing we sent to the handwriting expert Phansalkar, who examined the writings disputed as well as admitted and found that the writing on the disputed documents was of the appellant.