STATE OF HIMACHAL PRADESH Vs. PREM SINGH

JUDGEMENT

(1.) THE respondent was acquitted in Criminal Case No.6 -I -04/5 -II/04, by the learned trial Court vide its judgment dated 12.8.2004, for the offences punishable under Sections 419, 420, 468, 471, 120 -B of the Indian Penal Code, hence the present appeal by the State.

(2.) IN short, the prosecution case, as emerges from the evidence on record, can be stated thus. On 24.4.2003, the respondent was brought to the house of PW1 Chaman Lal by PW3 Ravinder Kumar. Respondent represented himself as Junior Commissioned Officer (JCO) in the Army and told PW1 Chaman Lal that he would recruit his son PW8 Ravi Pal in the Army, if he was so interested, but he shall have to clear all the tests at the first instance. Ravi Pal who happened to be present there informed him that it might not be possible for him to clear all the tests. On this, the respondent demanded ˜20,000/ - from PW1 Chaman Lal to get his son recruited in the Army. Chaman Lal only paid ˜10,000/ - to him in the presence of his wife PW2 Nirmala Devi and his son Ravi Pal (PW8). After about 2 -3 days, Chaman Lal came to know that he was cheated by the respondent as he had likewise cheated others. Thus Chaman Lal got recorded his statement Ext.PW1 /A to the police on 30.4.2003. On the same day the respondent was arrested and police recovered from his possession joining letter Ext.P.1, character certificate Ext.P2, Photostat copy of ration - card Ext.P3, bonafide certificate Ext.P4, black purse Ext.P5, Identity -card of BSF Ext.P6, one stamp Ext.P7, one diary Ext.P8 and 17 photographs with two negatives Ext.P9 vide memo Ext.PW1/B.

(3.) THE specimen signatures of the respondent Ext.PW10/D to Ext.PW10/W were obtained and sent for the forensic examination to the Questioned Documents alongwith the disputed documents Q1 to Q3. Its report is Ext.PA, but no definite opinion could be expressed by the Forensic Science Laboratory.