TRIPTI KUMAR BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The allegations against the present petitioner Tripti Kr. Bose, as per the First Information Report lodged by Biplob Kr. Goswami Central Reserve Officer were for offences under Sections 120B, 420, 467, 468 and 471 Indian Penal Code.

(2.) In a nutshell the allegations were that during the inspection of the Central Nominal Register in October,1991 at the Office of Central Reserve Officer it could be detected that the date of birth of S.I. Tripti Kr. Bose (accused) was recorded in the said register as on 27.11.1931. Accordingly, the said accused was to retire from service by that time. But as he was still in service, on enquiry, it was found that the date of birth appearing in the first page of his service book was recorded as 27.11.1934 and the age mentioned in the verification roll was recorded 20 years in 1955. The said two entries in the service book and in the verification roll of the petitioner/accused were sent to the handwriting expert and it was found on examination that both of them were interpolated. In the service book the figure '4' was interpolated and after such interpolation the date of birth was 27.11.1934 as against 27.11.1931 recorded in the Central Nominal Register. It was further found by the handwriting expert that the age of the accused in the verification roll was altered as '20' in the year 1955 interpolating some other age at that place. It was also opined that such interpolations were made in the place of the relevant figures, by physical rubbing and erasing the original figure therefrom. The said service book and the verification roll were kept in an Almirah in the office where the petitioner/accused used to work for a certain period during his service and he had sufficient access to such register. However, the petitioner worked even after his due date of retirement for 27 months and the Government had to pay Rs.56,506.10 Paisa for such period towards his salary and other allowances.

(3.) Upon such allegation the Hare Street Police Station drew up the formal F.I.R. No, 455 dated 01.07.1992 under Sections 120B, 420, 467, 468 and 471 I.P.C. againstthe accused and started investigation on the completion of which charge-sheet for offences under Sections 420, 467, 468 and 471 I.P.C. was submitted against him, and ultimately charge was framed against the accused for such offences and the case was tried by the Metropolitan Magistrate, 11th Court, Calcutta and ultimately the trial ended with a judgment of conviction of the accused/petitioner under Section 471 I.P.C. sentencing him to suffer S.I. for two years and to pay fine of Rs.2,000/- in default of S.I. for two months more. Learned trial Court of course acquitted the accused from the charge of other alleged offences under Sections 420, 467, 468 I.P.C.