State of Punjab vs Harpal Singh

J.S. Sekhon, J.

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 accusedrespondent, the State has filed leave to appeal which was granted by the Division Bench of this Court and the appeal was admitted.

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, VigilancecumSecurity 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.

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.

Mr. K.S. Sidhu, learned AAG, Punjab, assails the findings of the trial court intending that it was the accused who was interested in getting the enrolment as a constable in the police department and it can be presumed that he has appended the forged certificate along with the application, especially when in the application he has written that the matriculation certificate is being appended in support of his page. Mr. T.S. Sangha, learned counsel for the respondent, on the other hand maintains that the factum of the accused having produced the certificate along with the application for enrolment as a constable in the police department was not put to the accused in his statement recorded under Section 313, Cr.P.C. and thus this evidence cannot be used against him.

Without going into the merits of the case, there is no escape but to hold that the circumstances of the accused having appended the forged certificate along with the application cannot be used against him as it was not put to the accused in his statement under Section 313, Cr.P.C. The prejudice to the accused is writ large because he failed to give any reasonable explanation as to how this certificate was received by him and under writ circumstances he has attached it with the application for his enrolment as a police constable. Faced with the above situation, Mr. Sidhu requested to remand the case to the trial court for recording statement of accused afresh. We find no justification in doing so as the accused respondent had already faced the pangs of pendency of investigation, trial and appeal against him for little less than ten years. Moreover, he has resigned from service vide Ex. PE.

Thus under these circumstances, we find no merit in this appeal against acquittal. It is ordered to be dismissed.