Gopalji Mehrotra, J. - (1.) Balbir Singh applicant was convicted by the Magistrate, First Class, Meerut, under Section 419 read with Section 511, Indian Penal Code and sentenced to six months R.I. and under Section 468, Indian Panel Code. sentenced to two years' R. I. and to a fine of Rs. 500/-. He was further convicted under Section 471 of the Indian Penal Code and sentenced to two years' R.I. and to a fine of Rs. 500/- the sentences were to run concurrently.
(2.) On appeal, the conviction and sentences passed against the applicant were maintained. The present revision has been filed against the order of the learned additional Sessions Judge, Meerut. The prosecution case in brief, is that the applicant pretending to be a qualified Engineer, holding the degree in Engineering of the Banaras Hindu University applied to the General Manager, Daurala Sugar Works, for the post of an Assistant Engineer. He sent an application (Ex. P2) and alleged therein that he was a B. Sc. (Engineering) of Banaras Hindu University. The papers (Exs. P 4 to P 10) were filed along with the application. He was called for interview on 14th April 1949 and on the basis of the certificates produced by him claimed to be B. Sc. (Engineering) of the Banaras University. By their letter Ex. P 12, the Daurala Sugar Works asked the applicant to send his original University certificate and Ex. P 3 was sent by him. The General Manager of the Daurala Sugar Works got however, suspicious and he wrote to the Registrar, Banaras Hindu University, a letter of which Ex. P 13 is a copy enquiring from him if the applicant had passed the B. Sc. Examination from the University and the certificates submitted by him were issued by the University. The Registrar replied to the General Manager by a letter (Ex. P 14) in which it was stated that no student of the name of Mr. Balbir Singh was awarded the B. Sc. (Engineering) degree in the convocation of 1938 and on the 17th of December 1938 when the convocation was held Pandit Madan Mohan Malaviya was the Vice-Chancellor of the University. Further enquiries were made by the University authorities and the papers were sent to the C. I. D. for necessary investigation. On these facts the applicant was prosecuted for offences under Sections 468, 419 and 471, Indian Panel Code.
(3.) The facts alleged by the prosecution were admitted by the applicant. He also made a confession (Ex. P 57). It was admitted by him in his statement under Section 342, Criminal Procedure Code that he had made the confession. The contention of the counsel for the applicant is that on the facts established no offence under Section 419, Indian Panel Code. is made out. Section 419 is as follows- "Whoever cheats by personation shall be punished with imprisonment oil either description for a term which may extend to three years or with fine or with both." Cheating by personation is defined in Section 416, Indian Panel Code.- "A person is said to "cheat by personation" if he cheats by pretending to be some other person or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.";