JAKIR HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed under Section 397/401 Cr.P.C. against the judgment and order dated 14.01.1999 passed by Additional Sessions Judge No.1, Sri Ganganagar (for short "the appellate court") in Criminal Appeal No.134/1997 whereby the learned appellate Court partly allowed the appeal filed by the accused-petitioner and acquitted him for offence under Section 467 I.P.C. but while maintaining the conviction for offences under Sections 420, 471 I.P.C., reduced the sentence to six months simple imprisonment, awarded by the learned Civil Judge (Junior Division) and Judicial Magistrate First Class, Sabulshahar vide his order dated 02.06.1997 in Cr. Case No.308/1991. The sentence awarded to accused-petitioner is as under:- <FRM>JUDGEMENT_122_LAWS(RAJ)6_2016_1.html</FRM>

(2.) As per the case set up by the prosecution, on 13.06.1991, the Secretary, Board of Secondary Education, Ajmer filed a complaint at Police Station Lalgarh Jattan stating that the accused-petitioner submitted a form along with mark-sheet in the year 1991. In that mark-sheet serial No.131389 and Roll No.890204 were mentioned. After inquiry it was found that the mark-sheet submitted by the accused-petitioner was forged one. On the said complaint, the Police registered FIR No.71/1991 against the accused-petitioner for offences under Sections 420, 467, 468, 471 I.P.C. After due investigation, the police filed challan against the accused-petitioner for offences under Sections 420, 467, 471 I.P.C.

(3.) After hearing the arguments and considering the material on record, the learned trial court framed charges against accused-petitioner for offences under Sections 420, 467, 471 I.P.C., who pleaded no guilty and claimed trial.