STATE OF MADHYA PRADESH Vs. PADAM SINGH

JUDGEMENT

(1.) THIS is an appeal by the State Government against an order of acquittal.

(2.) THE respondent Padamsingh (hereinafter referred to as 'the accused') was tried on a charge under Section 419 of the Indian Penal Code by the Additional District Magistrate, Gwalior. After trial he was acquitted. This appeal is directed against the said order of acquittal.

(3.) THE case of the prosecution is that on 12th December, 1966 when the Company Commandant. Home Guards was recruiting some Home Guard Sainiks the accused submitted an application for the said post evince out his name as Ramsingh son of Hiralal. The accused was recruited as Home Guard Sainik and received uniform and other emoluments admissible to a Home Guard Sainik. After the lapse of a few months it was discovered that the name of the accused was Padamsingh and he had got himself recruited as a Home Guard Sainik by giving a false name. He was. therefore, prosecuted for an offence under Section 419 of the Indian Penal Code. He abjured his exult and denied that he had applied for recruitment and had underdone any training under the assumed name of Ramsingh. The trial Magistrate acquitted the accused mainly on the ground that in the absence of proper identification it was not established that he got himself recruited under the assumed name of Ramsineh and that it was he who had undergone training and received the kit of Home Guard Sainik and the emoluments attached to that office.