The State challenged the acquittal of the accused regarding charges of forgery under IPC Sections 420, 468, 471, 193 read with 34. The court held no case was made out for interference with the trial court's order.
Leave to appeal was refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1797 OF 2006
The State of Maharashtra ...Applicant
V/s.
Miss Smita Raghvendra Galgali & Ors. ...Respondents
Mr.Y.M. Nakhawa, APP for the State.
None for the Respondents.
CORAM : V.M. KANADE, J.
DATED : OCTOBER 1, 2007
P.C. :-
. State has filed this appeal against acquittal
challenging the order passed by the JMFC Court No.2,
Solapur, dated 19.12.2005 whereby the accused were
acquitted of the offences punishable under Sections 420,
468, 471, 193 read with Section 34 IPC.
2. Prosecution case is that accused Smita Galgali
was working as Head Mistress since 12.6.89 in the school
when the complainant was President. One Shashikant
Vijay Kamble was admitted in the said school on 12.6.95
and at that time, his birth date was mentioned as
1.6.82. Thereafter, the said student left school
31.5.96 and an application was filed by him demanding
the School Leaving Certificate. Accordingly, School
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Leaving Certificate was granted, however, the Date of
Birth which was mentioned in the said certificate was
1.6.78. On the basis of the said School Leaving
Certificate, the said student applied for a job with the
Railway Department. Subsequently, a complaint was
lodged by the Railway Department and all the documents
were seized. The trial Court after having gone through
the evidence on record has taken into consideration the
admission which was given by the prosecution witness who
had admitted that accused no.1 had sought permission
from the Competent Authority for making a change in the
birth date of Shashikant and the said application was
allowed after the original documents were verified.
Further, the prosecution witness PW 1 has candidly
stated in his evidence that he had no direct knowledge
of forgery. Taking into consideration this evidence as
also the evidence of handwriting expert, the trial Court
acquitted the accused.
3. In my view, no case is made out for interfering
with the order passed by the trial Court.
4. Leave is refused.
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(V.M. KANADE, J.)
2 issues framed by the court
Whether the trial court appreciably appreciated the evidence and passed a justified order of acquittal in cases of forgery of birth date and identity documents.
Whether the High Court should interfere with the acquittal order passed by the trial court.
1 provisions across 1 enactments
State of Maharashtra
Miss Smita Raghvendra Galgali
V.M. KANADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court