MIJANUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY judgment and order, dated 18.8.2009, passed, in GR Case No.1600/2005, by the learned Sub-Divisional Judicial Magistrate, Nagaon, the present petitioner stood convicted under Sections 468 and 471 IPC and he was sentenced, for his conviction undcr Section 468 IPC, to suffer rigorous imprisonment for six months and also pay fine of Rs. 1,000/- and, in default of payment of fine, undergo rigorous imprisonment for a further period of one month and he was also sentenced, for his conviction under Section 471 IPC, to suffer rigorous imprisonment for six months and pay fine of Rs. l,000/-, and, in default of payment of fine, undergo tigorous imprisonment for a further period of one month. Aggrieved by his conviction and the sentences passed against him, the accused-petitioner preferred an appeal, which gave rise to Criminal Appeal No.22/2009. BY judgment and order, dated 20.09.2011, the learned Sessions Judge, Nagaon, on having concurred with the findings of guilt reached by the learned trial Court, dismissed the appeal. Dissatisfied by his conviction and the sentences passed against him, the accused has filed this revision.

(2.) THE case of the prosecution may, in brief, be described thus: On 12.09.2005, Bhogeswar Bora, Principal of Sri Sri Sankardev College, Batadrava, lodged an FIR with Batadrava Police Station alleging, inter alia, that the present accused-petitioner was admitted, provisionally, into BA Part-I in his college, for the academic session 2005-2006, and, on verification of the documents, submitted for the purpose of admission, it was found that the accused had placed a forged pass certificate of HSSLC examination and, upon enquiry, it had come to the light that the certificate, bearing Roll 0521 No.274, which the accused had used as his pass certificate, was actually of one Shamima Akhtar and though the accused was asked to submit relevant original documents for the purpose of onward transmission to the University, the accused did not produce the same and remained absent from the college thereafter. Based on this FIR, Batadrava Police Station Case No.85/2005 under Sections 468/47 1 IPC (corresponding to GR Case No.1600/2005) was registered. During investigation, the certificate and the mark-sheet, which the accused had allegedly used for the purpose of obtaining admission into BA Part-I, in Sri Sri Sankardev College, Batadrava, were seized and, on completion of investigation, charge-sheet was laid against the accused under Sections 468/471 IPC.

(3.) I have heard Mr. A.S. Choudhury, learned counsel, for the accused- petitioner, and Mr. K. Munir, learned Addl. Public Prosecutor, Assam.