STATE Vs. NARESH KUMAR PARWAKAR

JUDGEMENT

(1.) The instant Criminal Acquittal Appeal has been filed by the State against the judgment dated 05.02.2007 passed by the learned 3rd Additional Sessions Judge, Jammu by virtue of which the accused Naresh Kumar Parwakar has been acquitted.

(2.) Briefly prosecution case before the trial Court was that the respondent while posted as Deputy Director, Libraries prepared papers of fictitious meeting of DPC and forged the signatures of Utter Kumar and SC Vohra, including his own signatures the members of said DPC on 22/23 March, 1999 and thereby conferred undue benefit to Irvin Kour, Swarn Kanta, Bihari Lal, Paras Ram, Ashok Kumar and Subash Kour by clearing their names for promotion to higher ranks. In view of the fictitious DPC convened the above said beneficiaries were promoted. The respondent knowingly concealed and destroyed the record of said DPC with a view to destroy the evidence. The beneficiaries were demoted after some time by Director Libraries. One of the beneficiaries Swarn Kanta challenged the order of demotion and sought a direction to implement the DPC convened before the Hon'ble Court. Dy Director S.C. Vohra appeared in the Court and claimed that his signatures have been forged and he has never attended any DPC. The High Court vide its judgment dated 17.04.2000 passed in writ petition directed a probe in the matter.

(3.) The case stood registered and investigation taken in hand. During the course of investigation police came to the conclusion that a fictitious DPC was convened by the respondent in which signatures of S.C. Vohra and Utter Kumar Sharma inclusive of accused were forged by the accused himself and undue benefit was conferred upon the beneficiaries by the minutes of this DPC by promoting the above said candidates to the higher rank on 23-03-1999, therefore, the Investigating Officer concluded the investigation established that prima facie case under section 420/468/467/120-B, RPC stood proved against the accused and the challan was presented before the Chief Judicial Magistrate, Jammu. The offence under section 467, RPC being exclusively triable by the Court of learned Sessions Judge, the challan was committed to learned Sessions Judge, Jammu who ultimately transferred the same to the 3rd Additional Sessions Judge, Jammu for disposal.