RUPA BANIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order, dated 10- 1 2006, passed, in Criminal Appeal No. 17/2005, by the learned Sessions Judge, Jorhat, whereby the Judgment and order, dated 26-5-2005, passed by the learned Sub-Divisional Judicial Magistrate, Jorhat, in GR Ca$e No. 1036/1999, convicting the present accused-petitioner under Section 471, IPC has been upheld, but the sentence stands modified by directing the present accused-petitioner to undergo simple imprisonment for 6 (six) months and pay a fine of Rs. l.OOO/- and, in default of payment of fine, suffer simple imprisonment for a further period of 1 (one) month instead of undergoing, as directed by the learned trial Court, the sentence of rigorous imprisonment for 2 (two) years with fine of Rs. l.000/- and, in default of payment of fine, suffer simple imprisonment for a further period of 1 (one) month.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows :- On the death-in-harness of her father, Manik Bania, his daughter, Rupa Bania (the present accused-petitioner), applied for appointment on compassionate ground. Following the application, so made, the accused-petitioner was appointed, vide the order, dated 3-8-1996, as Lower Division Assistant in the office of the Executive Engineer, PWD, National Highway Division, Jorhat, on compassionate ground. Pursuant to the order, dated 3-8-1996, aforementioned, the accused-petitioner joined the post of LDA on 26-8-1998. During the period, when the accused-petitioner was so working as an LDA, the Chief Engineer, PWD, Government of Assam, asked the Executive Engineer, PWD, National Highway Division, Jorhat, to submit the accused- petitioner's testimonials, based whereon she had been given the appointment. In terms of the directions, so issued, the Executive Engineer, PWD, National Highway Division, Jorhat, sent to the Chief Engineer, PWD, Admit Card (Ext. 'Ka'), Mark-Sheet. (Ext. 'Gha') and Pass Certificate (Ext. 'Ga') etc. which the accused-petitioner had submitted for the purpose of obtaining her appointment. On verification carried out as regard the genuineness and correctness of the testimonials, which the accused-petitioner had so submitted, it was found that her Admit Card, Mark-Sheet as well as Pass Certificate were forged ones, for, the Board of Secondary Education, Assam (SEBA) had found that the roll number whereunder the accused-petitioner had projected to have passed the HSLC examination was not even allotted to her and that the said roll number was actually allotted to one Pradip Mallik. Following the forgery so detected, the Executive Engineer, PWD, National Highway Division, Jorhat, lodged, on 10-12-99, an Ejahar at Jorhat Police Station. Treating this Ejahar as FIR, Jorhat Police Station Case No. 498/99 under Section 468, IPC was registered against the accused-petitioner. During the course of investigation, the police seized the said forged documents arid, on completion of investigation, laid charge- sheet under Section 468, IPC against the accused-petitioner.

(3.) To the charge framed against her under Section 468, IPC at the trial, the accused-petitioner pleaded not guilty.