J.S.SEKHON,J - (1.) HARPAL Singh accused respondent was acquitted by the learned Judicial Magistrate I Class, Bathinda on the charge for offences under Sections 420, 468 and 471 of the Indian Penal Code, vide order dated 25th July, 1988. Being aggrieved against the acquittal of the accused-respondent, the State has filed leave to appeal which was granted by the Division Bench of this Court and the appeal was admitted.
(2.) IN brief the facts of the prosecution case are that Harpal Singh accused joined the police department as a constable vide appointment order Ex.P.C. of the Senior Superintendent of Police, Bathinda, on 29th March, 1988. While applying for the said post vide application Ex.PD he had submitted matriculation certificate Ex. P.2. The above certificate on verification from the Punjab School Education Board authorities was found to be forged one. Under these circumstances, the case for the above referred offences was got registered against the accused at Police Station Kotwali, Bathinda at 5.30 p.m. on 16.1.1984 by Shri Tajpal Singh, Inspector. The accused respondent was arrested and after completion of investigation arraigned for trial on such like allegations. Before the trial court in support of its case the prosecution examined Capt. Harpal Singh, Vigilance-cum-Security Officer of the Punjab School Education Board, Mohali besides examining ASI Tek Chand PW. 2 and SI Amar Singh PW 3. The evidence of the prosecution was closed by order vide order dated 5.2.1988 as the prosecution failed to conclude its evidence despite granting of number of opportunities. The trial Court recorded statement of the accused under Section 313, Cr.P.C. He denied the prosecution allegations and stated that he has been falsely implicated in this case.
(3.) THE trial Court acquitted the accused respondent by holding that the prosecution had failed to prove that the forged certificate was produced by the accused.;