JUDGEMENT
Shrihari P. Davare, J. -
(1.)This is a Criminal Revision Application preferred by the
petitioner (original accused) challenging the legality and
correctness of the judgment and order of conviction passed by the
learned Judicial Magistrate, First Class, Ahmednagar, on
30.6.1997, and also challenging the judgment and order dated
25.11.1999, rendered by III Additional Sessions Judge,
Ahmednagar in Criminal Appeal No. 52 of 1997, confirming the
said conviction and sentence awarded to the petitioner herein and
prays that same may be quashed and set aside.
(2.)The factual matrix, which can be summarised, is as
under.
The Chief General Manager of Telephones, Maharashta
State issued an advertisement for recruitment to the posts of
Telephone Operators, and the applications were invited therefor.
The petitioner herein applied in pursuance of the said
advertisement and after scrutinizing the applications, he was
called for test and interview on 22.2.1990 at Telephone Bhavan,
Ahmednagar. He was selected in the test and interview. At the
time of scrutiny of the applications, the petitioner produced
documents/qualification on 28.4.1990. After selection, he
undergone three months training and he was given posting at
Kopergaon. As per office rules, the documents produced by the
petitioner were sent for verification to the Educational Board on
4.1.1990 and the said documents comprised, Secondary School
Certificate, Mark Sheet, School Leaving Certificate and Military
Discharge Card. However, during verification, it transpired that
the documents produced by the petitioner were forged and he
represented the Telecom Department i.e. the complainant that
those four documents are genuine documents and accordingly
secured job. During his employment, he drew salary to the tune
of Rs.30189/- from the Telecom Department for the period from
22.2.1990 to 18.2.1992. In fact, some posts were reserved for Ex-
Servicemen and the petitioner applied and secured job in the said
category. According to the complainant, the petitioner/accused
produced four documents and secured job of Telephone Operator
and cheated the Telecom Department. Hence, complaint was filed
before L.C.B. Ahmednagar by the complainant, namely Dayaram
Kukreja, Assistant Engineer, H.R.D., Telecommunications and
District Manager, Ahmednagar and an offence came to be
registered at Kotwali police station under C.R.No. 36 of 1993
under Sections 468, 471 and 420 of the Indian Penal Code.
(3.)During investigation, the police personnel seized the
documents which were produced by the complainant under
panchanama Exh. 113, as well as recorded statements of
witnesses. It was revealed during the course of investigation that
the documents viz. Secondary School Certificate, Mark Sheet and
School Leaving Certificate produced by the petitioner were forged.
Accordingly, after completion of investigation, charge sheet came
to be filed against the petitioner and the case was numbered as
R.T.C. No. 365 of 1993. The learned Judicial Magistrate, First
Class, Ahmednagar conducted the said case and after recording
the evidence of witnesses concluded that the petitioner/accused is
guilty and convicted him or the offences punishable under
Sections 468, 471 and 420 of the Indian Penal Code and
sentenced him to suffer S.I. for six months under each count for
the afore said offences and directed all the substantive sentences
to run concurrently, and further directed to pay fine of Rs.500/- on
each count and in default of payment of said fine to suffer S.I. For
one month on each count.
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