-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR J U D G M E N T State of Rajasthan Vs. Ganesha Ram S.B.CRIMINAL APPEAL NO.425/1988 against the judgment dt.21.12.87 passed by MJM, First Class, Anupgarh, Distt.Sriganganagar, in Criminal Case No.183/1983. Date of Judgment: Feb.13, 2008 P R E S E N T HON'BLE MR.JUSTICE DEO NARAYAN THANVI Mr.S.N.Tiwari, Public Prosecutor. Mr.Ramjeevan Punia for Mr.Vijay Bishnoi, for respondent. BY THE COURT : 1. This State Appeal is directed against the judgment of the learned Munsif & Judicial Magistrate, First Class, Anupgarh, District Sri Ganganagar, dated 21.12.1987, whereby he acquitted accused respondent Ganesha Ram S/o Nimba Ram, by caste Jat, resident of Taratara, Police Station Chauhtan, District Barmer, of the offence u/ss.420, 467, 468 and 471 IPC. -2- 2. As per the report filed by the Secretary, Board of Secondary Education, Rajasthan, Ajmer, the charge against the accused respondent was that on 25.8.1981, he produced a forged Transfer Certificate of 8th Class pass for getting admission in the Secondary Examination of 1982. The certificate was sent by the police for chemical examination along with his handwritings to the Forensic Science Laboratory. 3. After investigation, the police filed challan against the accused for the above offences. Learned Magistrate framed the charges to which the accused pleaded not guilty and claimed trial. The prosecution examined ten witnesses. The statement of accused was recorded under Section 313 CrPC. No defence was led. 4. After hearing the arguments, learned Magistrate came to the conclusion that the signatures and the document, which were sent to the Forensic Science Laboratory, were not received after due examination, so as to prove that this document was forged and used accordingly. Oral evidence was not sufficient to link the accused with the document, as there was no positive evidence to suggest that the document was a forged one. The oral evidence of witnesses is based on the documents, which were sent to the Forensic Science Laboratory, where there was difference in the -3- words and figures, which could have been established only on receipt of the Forensic Science Laboratory's report. In the absence of that report, the finding arrived-at by the learned Magistrate calls for no interference. 5. Consequently, this State Appeal being devoid of force, is hereby dismissed. (DEO NARAYAN THANVI), J. RANKAWAT JK, PS