1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANTABAD CRIMINAL REVISION APPLICATION NO.313 OF 1999 ... Trimbak s/o Kaniram Adhe, age 32 yrs, Occ. Agri, r/o Bothi Tanda, P.S. and Tq. Gangakhed, Dist. Parbhani. ..Applicant. V E R S U S The State of Maharashtra, (Through Police Station Gangakhed, Dist. Parbhai.) ..Respondents. Shri M.D.Shinde advocate for applicant. Shri S.G. Nandedkar, APP for respondent. CORAM : K.U. CHANDIWAL, J. DATE : 16TH SEPTEMBER, 2009. ORAL JUDGMENT :- 1. The learned Judicial Magistrate (F.C.) Gangakhed by order dated 06.01.1996 convicted the accused/applicant for the offence under section 467 and 468 Indian Penal Code. The accused/applicant took the matter before the Appellate Court. The learned Additional Sessions Judge acquitted the accused from section 467 of Indian Penal Code however, conviction for an offence under section 468 and 420 was maintained. Same is the subject of challenge in the present criminal revision application. 2 2. On 27/08/1999 rule was issued. Bail as in the lower Court on the same terms and conditions with fresh bond was directed. 3. During the course of submission, Mr. M. D. Shinde informs that it was mistake committed by the accused for which he is repenting, he is already tarnished and sending him in jail will not serve the purpose. Consequently he repeated, the fine may be enhanced and sentence be reduced. 4. The factual matrix as projected in the investigation papers are as under :- The accused-applicant pursuant to an advertisement from Sub Divisional Officer applied for the post of Police Patil at village Bothi Tanda and submitted his application with documents including certificate. Accused-applicant produced a false certificate purported to be issued by Zilla Parishad Andori Tq. Ahmedpur, Dist. Latur showing that the accused had studied up to 7th standard and left the school on 15.06.1994 under the signature of Head Master of said Zilla Parishad which indeed was a forged certificate. It was a deliberately act done by the accused. He submitted that same was for getting employment. In pursuance of such application, S.D.O appointed accused/applicant as Police Patil of village Bothi Taluka and he worked as such from the date of his appointment. It was 3 subsequently on 16.04.1999 Baburao who had grudge and grievance since he was not appointed as Police Patil made a statement to the SDO and Deputy Collector that certificate brought by the accused-applicant was false and consequently inquiry was initiated and in the inquiry it revealed that accused-applicant indeed studied up to 5th standard and he never appeared or studied in Zilla Parishad Andori up to 7th standard. 5. Statement of officer of Zilla Parishad high School were recorded. The transfer certificate No.527 was indeed in the name of one Reddy V. (Exh. 24) and not issued to the applicant-accused. The transfer certificate produced was obviously for getting benefit of appointment of police patil which certificate by its very nature was forged and false. 6. In order to prove the charge against the accused-applicant, before the Ld. Judge, the prosecution has examined P.W.1 Balaji Chate (exh. 20), who has supported the contents Exh.22. The original transfer certificate of the School was produced it was in the name of Reddy Venkatnarayan vide S.No.527. On examination of both certificates, it was found that the conduct of the accused-applicant was with a fraudulent manner and he dishonestly used transfer certificate as a genuine document knowingly that it was a forged document and he got benefit of employment on the basis of such certificate. The accused-applicant naturally deceived the 4 Government/appointing authority. 7. The conviction recorded by the Ld. J.M.F.C for the offence under section 467, 468, 420 I. P. C. was challenged as stated above, before the Learned Sessions Judge and the learned Sessions Judge was justified in maintaining the conviction to the extent of offence u/s 468 and 420 of Indian Penal Code. The criminal revision lacks merit. It is rejected. Rule discharged. 8, Accused to surrender to undergo imprisonment. ( K.U.CHANDIWAL, J. ) **** aaa/313.99