STATE OF ORISSA Vs. RABINDRANATH SAHU

JUDGEMENT

(1.) This appeal against acquittal preferred by the State under Section 378 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) (hereinafter referred to as the 'Cr PC') is directed against the judgment dated 26-8-1980 in Criminal Appeal N. 87 of 1988 passed by Shri D. Rama Rao, Second Addl. Sessions Judge, Cuttack acquitting the respondent (hereinafter referred to as "the accused") of the charge under Sections 419 and 468 of the Indian Penal Code (for short 'IPC') reversing the judgment dated 28-6-1988 passed by Shri H. B. Das, Chief Judicial Magistrate, Cuttack in Vigilance G.R. Case No. 37 of 1982 convicting the accused of the said charge and sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000.00, in default to undergo rigorous imprisonment for a further period of three months under the first count and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,000.00, in default to undergo rigorous imprisonment for a further period of four months under the second count and directing the substantive sentences to run consecutively. The accused was acquitted of the charge under Section 420, IPC.

(2.) The facts leading to this appeal, briefly stated, are as follows :- Pursuant to advertisements dated 16-4-1974 and 13-7-1974 published in two Oriya daily newspapers inviting applications from the Scheduled Castes and Scheduled Tribes candidates for three posts of Junior Motor Vehicle Inspector reserved for the S.C. and S.T. candidates under the Transport Department, the accused submitted his application on 16-7-1974 (Ext. 6) along with a true copy of his caste certificate purported to have been granted by the Tahsildar, Angul dated 10-3-1973 showing that he belonged to 'Kharwar' caste which was in the list of Scheduled Tribes as contained in the Scheduled Castes and Scheduled Tribes Order, 1956 subsequently amended by Act 108 of 1976, so as to make himself eligible to appear at the test for one of the said posts. It is alleged that the accused in fact belonged to 'Khadura' caste which was not in the list of the aforesaid Order and as such he filed a forged caste certificate with a view to make himself eligible for the post. It is the further case of the appellant that the accused appeared in the interview conducted for the said posts and was selected as a Junior Motor Vehicle Inspector reserved for S.C. and S.T. candidates and secured first position among the three candidates selected by the Selection Board consisting of the Commissioner of Transport-cum-Chairman, S.T.A.; the Secretary to Government of Orissa, Transport Department assisted by the Deputy Commissioner (Enforcement) and the Chief Motor Vehicle Inspector. The accused was posted in the office of the Regional Transport Officer, Sundargarh and he joined there on 15-10-1974. Thus the accused secured the appointment by producing a forged caste certificate, and thereby cheated the Government.

(3.) Receiving reliable information about the said forgery, one Inspector of Vigilance, attached to the Vigilance Cell at Cuttack (P.W.18) conducted a confidential enquiry and submitted a report to the Superintendent of Police (Vigilance), Central Division, Cuttack on 22-11-1987. The S.P., Vigilance registered a case and directed P.W.18 to take up investigation. During investigation P.W.18 served notice on the accused to produce the original caste certificate dated 10-3-1973, an attested true copy of which had been attached to his application for the post, but the accused failed to produce the same. After completion of investigation, P.W.18 submitted charge-sheet under Sections 420419/468, IPC and the accused stood his trial.