STATE OF H P Vs. PARKASH CHAND

JUDGEMENT

(1.) THE respondent-accused was put on trial before the Additional Chief Judicial Magistrate, Amb, District Una (H.P.) in a case registered against him under Sections 420, 465, 468 and 471 of the Indian Penal Code. The respondent-accused was acquitted by the trial court, vide a detailed judgment passed on 28.6.1999 in Case No.33-II of 1998.

(2.) AGAINST the impugned judgment, the instant appeal has been filed, on the grounds that the trial court has not appreciated the evidence of the prosecution in its right perspective and further that the prosecution was not able to prove that the date of birth of the respondent was 19.4.1927 and not as alleged by him in his affidavit Ex.PW-8/A. Since the respondent has specifically alleged that he has passed his matriculation examination from the Punjab University in the year 1953 but he never explained this fact when examined under Section 313 Cr.P.C. Since the onus had been shifted on the respondent, he failed to prove it, therefore, the trial court ought not to have acquitted the respondent.

(3.) IN short case of the prosecution against the respondent has been that: