- (1.) The appeal is directed against the judgment and order dated 29.07.2010 passed by the learned Judge, Special (CBI) Court, Bichar Bhawan, Calcutta convicting the appellant for commission of offence punishable under Sections 420/468/471 of the Indian Penal Code and under Section 5(2) of the Prevention and Corruption Act, 1947 and sentencing him to suffer rigorous imprisonment for two years and to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for two months on each count for the offences punishable under Sections 420/468/471 of the Indian Penal Code and under Section 5(2) of the Prevention and Corruption Act, 1947. All the sentences to run concurrently.
(2.) The prosecution case as alleged against the appellant is as follows: The appellant while being posted and functioning as hospital attendant in Railway Station during 1985 entered into criminal conspiracy with unknown persons with criminal intention to cheat Eastern Railway, procured a forged and fabricated certificate of registration as a registered Pharmacist purportedly issued by Pharmacy Council of the State of Bihar, Patna. The said registration certificate bearing Registration No. 9138 dated 05.02.1983 was submitted by the appellant in support of his claim that he had passed diploma in Pharmacy from RLSY College, Patna in 1979. The said document is a forged and fabricated one as such Registration Certificate bearing same number and date was issued by the concerned Council in the name of one Naresh Kumar Singh, son of Ram Chandra Singh of village Pawa, District Nalanda on 04.05.1983.
(3.) It is further case of the prosecution that on the basis of such forged certificate the appellant was appointed as Pharmacist Grade "B" in Eastern Railway Hospital at Andal on 30.08.1985 with effect from 8.8.1985 vide D.M.O's Order No. CPO/CCC's Order No. E 1140/MD/Pharmacist/Selection dated 08.08.1985 and office Order No. E/MED/Phar/PT. II dated 30.03.1985. It is further alleged that the appellant had never passed the Diploma in Pharmacy from the concerned College or any other College. On the basis of source information, first information report was lodged over the aforesaid incident being Crime No. RC4/90 dated 25.01.1990 under Section 120B/420/468/471 of the Indian Penal Code and Sections 5(2) read with Section 5(1)(d) of the Prevention and Corruption Act, 1947.;