RAM SINGH Vs. MAM CHAND

JUDGEMENT

(1.) A private complaint filed against Mam Chand respondent accusing him of having sworn and made use of false declarations with regard to the age of his minor son at the time of his admission to a school and for having thereby committed the offences defined in sections 199 and 200 of the Indian Penal Code has been dismissed by the Judicial Magistrate 1st Class at Panipat and the respondent has been acquitted of the charges. Ram Singh complainant, who is the Headmaster of the school in which the minor son of the accused -respondent was last studying, has filed an appeal under section 417(3) of the Code of Criminal Procedure, against the order of acquittal.

(2.) THE respondent's son Sewa Singh, was admitted to the Government Primary School in village Simla Maulana, Tehsil Panipat, on 12th February 1955. His date of birth was given as 28th October 1947, at the tine. He left that school on 31st March, 1962 after passing the 5th class and a school -leaving certificate was issued to him by the complainant.

(3.) AFTER some time the complainant came to know that in May 1962 the accused -respondent had got his son admitted to the Arya Higher Secondary School at Panipat and had filed a false affidavit in which he had wrongly stated that his son had been studying privately and that his date of birth was 28th October, 1950. The affidavit had been duly attested by an Oath Commissioner at Panipat. It was alleged that offences under sections 199 and 200, Indian Penal Code, had been committed by the accused -respondent and that he should be convicted and sentenced for these offences.