Crl. Rev. No. 1945 of 2005 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Rev. No. 1945 of 2005 (O&M) Date of decision:- 16.2.2011 Smt. Manju Bala ... Petitioner Versus State of Haryana ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. N. K.Sanghi, Advocate, for petitioner Mr. Shekhar Mudgal, AAG, Haryana. Gurdev Singh, J (oral) The petitioner/accused – Manju Bala was charged for the offences under Sections 420, 468 and 471 IPC for having forged 10+2 examination certificate and having cheated the authorities for getting admission in D.ED (JBT) by using that certificate fraudulently and dishonestly, knowingly and having a reason to be believe the same to be a fabricated document. She was tried by the Judicial Magistrate, Ist Class, Charkhi Dadri, who found, on the basis of the evidence produced by the prosecution, that the guilt of the accused was proved beyond any reasonable doubt and accordingly convicted her for the offence under Section 471 IPC and sentenced her to undergo simple imprisonment for a period of 1 year and to pay a fine of `500/- and in default thereof to further undergo simple imprisonment for a period of 45 days. Against that conviction and sentence the accused preferred an appeal, which was dismissed by Additional Sessions Judge (Adhoc), Bhiwani. Now she has preferred the present revision petition Crl. Rev. No. 1945 of 2005 (O&M) -2- against that conviction and sentence. Applications were invited by the Director, SCERT Haryana, for admission in DED (JBT) course for which the minimum educational qualification was prescribed. The accused submitted application form Ex.PD in which she has mentioned that she had passed 10+2 from CBSE Delhi in the year 1993 securing 209 marks out of 500. With that application form she filed testimonials regarding her educational qualification, including the detailed mark certificate Ex.DB in which it was mentioned that she secured 35 marks in Economics in 10+2 examination held by CBSE Delhi in the year 1993. On the basis of those testimonials, she was admitted in the Course. When testimonials were sent to the CBSE for verification, it was found that in fact she had failed in the Economics paper in the examination held in the year 1993, after she appeared as compartment candidate and that she had secured only 11 marks. After report Ex.PE was received from that board, letter Ex.PA was written by the Chairman of the Haryana School Education Board to the Officer incharge, Police Station Charkhi Dadri, for the registration of the case against the accused. Accordingly, the FIR was registered. The relevant documents were taken into possession by the investigating officer and after the completion of the investigation, the challan was put in before JMIC, Charkhi Dadri. I have heard learned counsel for both the sides. At the time of arguments, learned counsel for the petitioner/accused did not challenge the conviction of the accused recorded by trial Court and upheld by the appellate Court. He confined his Crl. Rev. No. 1945 of 2005 (O&M) -3- arguments only to the order sentencing her to imprisonment. He has submitted that the accused is a grown up lady having four children and she has already suffered on account of the criminal act alleged to have been committed by her as he could not complete the JBT course and suffered in her career. He prayed that the sentence of imprisonment so imposed upon her be reduced to the period already undergone. As per the custody certificate placed on the record by the learned State counsel, the accused has already undergone sentence of imprisonment for a period of 1 month and 12 days. The accused had been standing protracted trial for the last more than 13 years and has already suffered in his educational career. In case she is sent to jail her children will suffer. At this stage her presence is required in the house for making the career of her own children. Keeping in view all these circumstances the sentence of imprisonment so imposed upon her is reduced to the period already undergone. This revision petition is disposed of with the said modification. February 16, 2011 (Gurdev Singh) tripti Judge