DHIREN KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. C. C. Deka, learned counsel for the petitioner and Mr. F. H. Laskar, learned P P Assam.

(2.) THIS Criminal Revision has been carried from the Judgment and Order dated 30.4.1997 passed by the learned Sessions Judge, Kamrup in Criminal Appeal No. 37/96 dismissing the appeal so preferred by the petitioner and upholding the conviction of the petitioner under Section 420/471, IPC read with Section 368 IPC and sentence imposed by the learned Special Judicial Magistrate, Kamrup Guwahati vide judgment and order dated 6.8.1996 rendered in Case No. 1769/89 to suffer simple imprisonment for 20 days for each section and also to pay fine of Rs. 500 for each section in default to suffer S.I. for another period of 1 (one) month for both the sections.

(3.) I have carefully perused the impugned judgments of the Courts below as welt as the materials available on record and on meticulous scanning of the same, it appears that both the Courts below had extensively dealt with the prosecution witnesses and the documents so submitted before the Court. It was held by the Courts below that despite the ample opportunities given to the petitioner to establish that he was duly qualified and ITI pass candidate, he had chosen to remain silent. On the other hand, it was proved from the evidence on record that the petitioner had never passed ITI and he fraudulently procured forged certificate and thereby induced the competent authority to select and appoint him as Diesel Khalasi.