HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Appeal No.394 of 1997. Decided on: September 6, 2010. State of H.P. …Appellant. VERSUS Bhagwan Chand ….Respondent. Coram The Hon’ble Mr. Justice R.B.Misra, Judge. The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 For the Appellant: Mr.Rajinder Dogra, Addl.AG with Mr.Anil Jaswal, Dy.A.G. For the respondent: Mr.Ashwani K. Sharma, Advocate. R.B.Misra, Judge (Oral) The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 6th March, 1997, passed by learned Judicial Magistrate 1st Class, Court No.1, Mandi, H.P., in Criminal Case No.144 of 1996 of 1992, thereby acquitting the respondent / accused for offence Whether the reporters of the local papers maybe allowed to see the judgment? …2… under Sections 420, 467, 471 of the Indian Penal Code. 2. The prosecution case was that the respondent / accused dishonestly induced District Education Officer, Mandi to deliver the appointment letter as TGT(Arts) and got the job by forging B.Ed. certificate, erasing therein the session from 1983-84 to 1980-81, in order to secure the appointment letter and projecting as if the said document is a genuine document. 3. In order to prove its case, the prosecution has examined as many as nine witnesses, whereas, the respondent / accused, through his statement under Section 313 Cr.P.C., has denied the charges and prosecution case. 4. According to Roshan Lal (PW-2), the respondent / accused confessed his guilt before Prakash Chand Sharma in writing, exhibited on the record by PW-5, (Dalip Singh) as Ext.PW-5/A, but not in accordance with the law because as per testimony of PW-5 (Dalip Singh), only the Photostat copy and not original of the document was produced in the Court. 5. The opinion of handwriting expert was obtained but he has not been examined to substantiate that any forgery was made by the respondent / accused in B.Ed. certificate for …3… obtaining appointment letter regarding TGT (Arts). Undoubtedly, the respondent was in possession of B.Ed. certificate and was capable of getting the post of TGT (Arts) and on the basis of certificate, produced by him, he has been given appointment as TGT (Arts). The original interpolated or forged certificate has not been produced in the Court. The person, before whom the alleged accused has stated to have confessed his guilt, has also not been examined. In these circumstances, it cannot truly be proved that the said interpolation or erasing was done at the instance of the respondent / accused and the he was instrumental in making an endeavour knowing it fully well that the document, which he was producing, was forged document and he consciously endeavoured to obtain the appointment of TGT (Arts). The non examination of hand-writing expert has also made the prosecution case fatal. 6. On analysis of the testimonies of prosecution witnesses and materials on record, the prosecution cannot said to have been proved its case beyond reasonable doubt. In our considered view also, the prosecution has failed to bring home the guilt to the accused and there is no scope for interference in the impugned judgment and the criminal appeal, being devoid of any merit, is accordingly dismissed. …4… 7. Bail bonds, furnished by the respondent, are hereby discharged. (R.B.Misra), J. September 6, 2010. (V.K.Sharma), J. (soni) …5…