IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.24 of 2009 THE STATE OF BIHAR Versus GULAB DAS @ GULAB MANDAL ----------- 3 12.1.2010 I.A. No. 2682 of 2009 has been filed for condoning the delay in foiling the Government Appeal. The delay is 280 days. Considering the facts and circumstances mentioned in the interlocutory application, prayer for condoning the delay is allowed. We have heard Mr. Prasoon Sinha, G.A.-3 on behalf of the State in support of the Government Appeal. The appeal has been preferred against the judgement and order dated 7.1.2009 passed by the learned Ist Additional Sessions Judge-cm-Special Judge SC/ST and (Prevention of Atrocities) Act., Katihar whereby the respondent has been acquitted of the charges for the offence under section 419, 420, 467, 471 of the Indian Penal Code and 3 (1)(x) SC/ST POA Act. We have examined the judgement of acquittal and after going through the judgement of acquittal it transpires that during trial the prosecution has completely failed to establish that the caste certificate which was produced by the accused for obtaining service was forged . Before lodging the first information - 2 - report, it has been alleged that the matter was enquired into by one Mr. Hembram. However, the said Hembram was also not examined during the trial nor the report was got exhibited during the trial. In absence of any material to prove the production of forged certificate, we are of the view that the learned trial judge has not committed any error in the acquitting the respondent Accordingly this Govt. Appeal is dismissed. (Dharnidhar Jha, J) (Rakesh Kumar, J) M.Rahman