The court upheld the conviction for fraudulently obtaining a caste certificate to secure educational benefits, affirming that the act constituted criminality despite the accused's claims of procedural missteps.

ORDER :

V SRISHANANDA, J.

Heard Sri Ashok Mulage, learned counsel for the revision petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent.

2. Accused, who has suffered an order of conviction for the offences punishable under Sections 198 and 417 of IPC in C.C.No.581/2008 confirmed in Criminal Appeal No.32/2017, is the revision petitioner.

3. Facts in nutshell for disposal of the present revision petition are as under.

A complaint came to be lodged with Brahampur Police Station, Kalaburagi on 26.06.2013, alleging that on 08.04.1991, accused being the member of Hadpad caste, with dishonest intention submitted false documents, false affidavit and providing false information to Tahsildar, Kalaburagi and by inducing him obtained a false caste certificate, as petitioner is belonging to Madiga caste on 01.06.1991. Based on the same, he obtained an engineering seat under the Scheduled Caste quota at PDA College, Kalaburagi. The said act of the petitioner not only resulted in offence of cheating, but also deprived an eligible person from Scheduled Caste and Scheduled Tribe quota from obtaining the seat in the said college and therefore, sought for action.

4. After thorough investigation, charge sheet came to be filed against the accused. Accused pleaded guilty and therefore, trial was held and after due trial, accused was convicted for the aforesaid offences and sentenced as under:

“Accused is hereby sentenced to undergo 1 year simple imprisonment and pay fine of Rs.5000/- for the offence punishable U/sec 417 of IPC. In default he shall undergo S/I for 2 months in addition.

Further the accused hereby sentenced to undergo 3 years imprisonment and pay fine of Rs 5000/- for the offence punishable U/sec 198 of IPC. In default shall undergo S/I for 2 months in addition.

All the sentenced shall run concurrently.

Bail and surety bonds executed by the accused except the 437(A) of Cr.P.C. compliance bonds stands cancelled.

Issue free copy to the accused.”

5. Being aggrieved by the same, accused filed an appeal before the District Court in Criminal Appeal No.32/2017.

6. Learned judge in the First Appellate Court, after securing the records, heard the arguments of the parties and on re-appreciation, dismissed the appeal of the accused and confirmed the order of conviction and sentence.

7. Being further aggrieved by the same, accused is before this Court in this revision on the following grounds.

a) That, the Judgment and order passed by the trial court in C.C. No.581/2008 dated: 22.05.2017 is illegal frivolous and against the well established principles of law and the material produced the lower court.

b) That, both the courts below wrongly convicted the petitioner U/Sec.198 of IPC, the provision of Sec.198 of IPC are reproduced herein below Sec.198. The above provision is used such person whoever corruptly uses or attempts to use any such certificate as a true certificate knowing the same to be false in any material point shall be punished in the same manner as if he give false evidence.

c) The above provision is alleged that such person who corruptly uses as, attempts to use any such certificate knowing the same to be false, in the entire evidence produced by the prosecution a prosecution has not established that the petitioner corruptly used the certificate.

d) That, Section 197 of IPC clearly state that before that the whoever issuing or signs any certificate required by law to be given or signed or relating to any facts of which such certificate is by law admissible in evidence knowing or believing that such certificate is false in any material point shall be punished, the prosecution has not made charge sheet witnesses as th