1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc No. 208-MA of 2009 DATE OF DECISION:1.2.2010 *** State of Punjab .. Applicant-appellant VS. Janak Rani .. Respondent CORAM: HON'BLE MR. JUSTICE MEHTAB S. GILL. HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. S.S. Bhinder, Sr. Addl. A.G. Punjab. Mr. Ashok Giri, Advocate for the respondent. *** ARVIND KUMAR, J. The respondent was tried by the learned Addl. Chief Judicial Magistrate, Fatehgarh Sahib for the offences under Sections 420, 467, 468, 471 IPC on the allegations that for getting the job of JBT Teacher, the accused-respondent produced fake certificate alleged to have been issued by Magadh University, Bodhgaya and also succeeded in getting the job of the teacher. On conclusion of the trial, the learned trial Court held the accused-respondent guilty for the aforesaid offences and sentenced her to undergo rigorous imprisonment for 2 years under each of the head with total fine of Rs.2500/- with default punishment under different heads. On an appeal preferred by the accused-respondent, the appellate Court below accepted the same and acquitted her of the charges levelled against her. Dis-satisfied with the same, the State of Haryana is seeking leave of this Court to prefer an appeal against the impugned judgment of acquittal. We have heard learned counsel for the parties and have gone 2 through the impugned judgment and find ourselves in total agreement with the findings recorded therein. It is an admitted fact that the accused-respondent got the job on the basis of mark-sheet and degree in question, which was alleged to be fake one. But the prosecution failed to lead any cogent and convincing evidence to prove that the accused-respondent was aware that the documents in question were fake. The evidence produced by the prosecution to show that the document is fake one is the testimony of PW7 D.K. Yadav, Registrar of Bodh Gaya University, but this witness also failed to prove that as to in what manner the said degree was fake one when the Institution which issued the said certificate was not only very much in existence but also affiliated with Magadh University. Further, the prosecution with-held the best available evidence and failed to produce even the relevant record of the University as also to examine the Controller of Examinations under whose signatures the said degree was issued though he was cited as a prosecution witness. Finding the evidence on record short to prove the guilt of the accused beyond reasonable doubt, the learned appellate Court below rightly acquitted the respondent. In the circumstances, we are not inclined to grant the leave asked for and the prayer is accordingly declined. (MEHTAB S. GILL) (ARVIND KUMAR) JUDGE JUDGE February 1,2010 Jiten