CONSTABLE RACHHPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried for committing the offences punishable under Sections 465, 468 and 471 IPC. Vide judgment and order dated 01.12.2005, learned Additional Chief Judicial Magistrate, Ludhiana, held the petitioner guilty under the aforesaid Sections and sentenced him to undergo RI for one year under Section 465 IPC; RI for two years and to pay a fine of Rs.1,000/- under Section 468 and, in default of payment of fine, to undergo further RI for 15 days and to undergo RI for one year under Section 471 IPC. All the sentences were ordered to run concurrently.

(2.) Aggrieved there-against, the petitioner preferred an appeal before the learned Sessions Judge, Ludhiana. However, vide judgment dated 22.07.2009, the appeal filed by the petitioner had been dismissed by the learned Additional Sessions Judge, Ludhiana. Still aggrieved, the petitioner has preferred the present revision petition.

(3.) As per the prosecution case, the petitioner had applied for the post of Special Police Officer (SPO) in District Ludhiana by filling up Form No.002227, mentioning his date of birth as 21.02.1996. Original matriculation certificate was also attached, which also contained the petitioner's date of birth as 21.02.1966. Later on, the petitioner, on having been allotted the Constable Number, was transferred to Ferozepur. Thereafter, the Deputy Inspector General of Police (DIG), Ferozepur, had sent the petitioner's matriculation certificate along with certificates of some other candidates to the Punjab School Education Board, Mohali, for enquiry regarding their date of births. Pursuant thereto, inquiry report was received from the Punjab School Education Board, Mohali, holding that the petitioner had changed his date of birth from 04.02.1964 to 21.02.1966, after erasing the same. Thus, it was alleged that the petitioner had obtained the job fraudulently. It was further alleged that in this regard, a letter was also written to Senior Superintendent of Police, who after obtaining legal opinion of the Deputy District Attorney Legal, ordered registration of a criminal case against the petitioner. Accordingly, FIR in this case was registered.