LUBNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY filing this revision petition, Lubna petitioner has assailed order dated 7.7.2010 Annexure P/5 passed by learned Additional Sessions Judge, Palwal.

(2.) PETITIONER was facing trial in FIR No. 508 dated 22.9.2006, under sections 363,366,376 and 34 IPC, Police Station City Palwal. She claimed to be juvenile and produced birth certificate depicting her date of birth as 6.11.1988. However, respondents no. 2 to 4 produced another birth certificate depicting date of birth of the petitioner as 15.12.1986. Petitioner moved application under section 340 of the Code of Criminal Procedure (in short, Cr.P.C.) for taking action against respondents no. 2 to 4 herein as they had forged the birth certificate produced by them and had produced the said false evidence. Learned Additional Sessions Judge trying the said case disposed of the said application vide order dated 1.9.2009, Annexure P/3 observing that one of the two birth certificates is certainly false. It was also observed that the matter required investigation and the police could investigate the matter because the document was forged outside the court. Consequently, learned Additional Sessions Judge referred the matter to concerned police station and thereupon FIR No. 283 dated 9.9.2009, under sections 195,196,197,198,420,467,468, 471, 472, 120-B IPC Police Station City Palwal, Annexure P/4 was registered. After investigation, report under section 173 Cr.P.C. was presented for trial of respondents no. 2 to 4 for the aforesaid offences. The case was committed to Sessions Court.

(3.) I have heard counsel for the parties and perused the case file. Counsel for the petitioner contended that bar of section 195(1) (b)(i) Cr.P.C. is not attracted because the birth certificate in question was forged outside the court. Reliance in support of this contention has been placed on judgment of Hon'ble Supreme Court in Iqbal Singh Marwah & Anr. Versus Meenakshi Marwah & Anr. 2005(2) R.C.R. (Criminal) 178. It was also argued that FIR Annexure P/4 has been registered on complaint made by the concerned court (in which false evidence was produced) to the police and therefore, requirement of section 195(1)(b)(i) Cr.P.C. is satisfied.