District Primary Education ... vs Motiben D/O Panchabhai Devshi ...
2023 Latest Caselaw 2047 Guj

   R/CR.MA/3720/2021                               ORDER DATED: 03/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 3720 of 2021
                               With
                 R/CRIMINAL APPEAL NO. 530 of 2023
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    DISTRICT PRIMARY EDUCATION OFFICER THRO RAMESHBHAI
                  SASHIKANTBHAI UPADHYAY
                           Versus
     MOTIBEN D/O PANCHABHAI DEVSHI DAKI W/O POLA DEVA
                         CHUDASMA
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Appearance:
GIRISH K PATEL(2770) for the Applicant(s) No. 1
MR VINOD M GAMARA(5910) for the Respondent(s) No. 1
MS. ASMITA PATEL, APP for the Respondent(s) No. 2
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  CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                           Date : 03/03/2023

                             ORAL ORDER

ORDER IN CRIMINAL MISC.APPLICATION NO. 3720 of 2021

1. RULE. Learned Additional Public Prosecutor waives service of

notice of rule on behalf of the respondent-state.

2. This application is filed for Leave to Appeal against the acquittal

recorded by judgment and order dated 16-01-2020 passed by the

Chief Judicial Magistrate, Junagadh in Criminal Case No.3505 of

2006.

3. The case is with regard to the respondent-accused getting the

R/CR.MA/3720/2021 ORDER DATED: 03/03/2023

service as 'Vidhya-Sahayak' on the basis of false mark-sheet.

4. Learned Advocate for the applicant has drawn attention of this

Court to Ground-(e) of the application to indicate the difference of

marks, where in the Mark-sheet produced through witness of the

Education Board vide Exh-9, total marks received are 350, whereas

the marks, which were reflected in Exh-10 (false mark-sheet) are

470 marks.

5. An error is committed by the Magistrate Court in giving narrow

interpretation to 'forgery' to exclude making of 'false documents'

and in fact, importing the definition of forgery under Section-463

into the requirement of ingredients of Section-464. Narrow

interpretation given to the false documents by concluding that by

visual observation of Exh-10 does not indicate any interpolation.

When the entire mark-sheet has been fabricated and placed for

purpose of getting service, such finding given by the Court does

not appear to be in consonance with the evidence on record. It is

also the case, where the Court has failed to take into consideration

surrounding circumstances as an evidence, as the respondent-

accused is the person, from whose custody, fake mark-sheet was

placed on record of the applicant, which does not come from the

custody of the Board, which is the Authority to issue such mark-

R/CR.MA/3720/2021 ORDER DATED: 03/03/2023

sheet.

6. In view of the aforesaid, sufficient case is made out for granting of

leave to appeal. Hence, Leave to Appeal is granted. Accordingly,

present Criminal Misc. Application stands allowed. Rule is made

absolute accordingly.

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ORDER IN CRIMINAL APPEAL NO. 530 of 2023

1. The Appeal is admitted.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five

Thousand only) against the respondent- original accused.

(A.Y. KOGJE, J) PARESH SOMPURA