THE STATE OF SIKKIM Vs. SHANTI KUMAR SHARMA

JUDGEMENT

(1.) THIS Appeal is preferred by the State -Appellant under Section 378 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to assail the judgment dated 30 -09 -2013 of the Judicial Magistrate, First Class, East Sikkim at Gangtok in Vigilance Case No. 01 of 2009 by which the Respondent -Accused was acquitted of the charges under Sections 417/465/471 of the Indian Penal Code, 1860 (for short "IPC").

(2.) i). The gravamen of the prosecution case is that on an enquiry made on a credible source information received at the Sikkim Vigilance Police that the Respondent -Accused had secured a job as P.G.T., Geography, at Sadam Senior Secondary School, South Sikkim, on the strength of a fake/forged M.A. (Geography) Pass Mark Sheet purportedly issued by the Magadh University, Bodhgaya, Bihar, Regular Case No. RC -10/2007 dated 15 -10 -2007 under Sections 420, 468 and 471 IPC was registered against him.

(3.) WITHOUT going much into details, it would be sufficient to note that the principal ground raised by the Appellant -State in the Appeal is that the Learned Trial Court while rendering the impugned judgment had overlooked glaring evidence, both oral and documentary, and mis -directed itself in passing the impugned judgment.