ORDER

S. Padmanabhan, J. - Respondent was charge-sheeted with the offences punishable under Sections 468, 471, 420 and 201 of the Indian Penal Code in C.C. 2 of 1983. He absconded and when arrested and produced, the case was renumbered as C.C. 16 of 1983. The Special Judicial First Class Magistrate, Ernakulam discharged him under Section 239. State is challenging the order of discharge.

2. Respondent was a Pre-degree student in the Arts College, Trivandrum during the year 1979-80 and 1980-81. He failed with very poor marks. Thereafter he received the mark list from the University and acknowledged the same. With the intention of securing admission to the M.B.B.S. Course he prepared a fabricated marklist and destroyed the original. He purchased an application form for admission to the medical course and entrusted the same with the marklist prepared by him to Cw. 42 for filling it up. After getting it filled up by Cw. 42 and signed by him, he got prepared a typewritten copy of the false marklist through Cw. 47. He also secured a nativity and income certificate through Cw. 44 and submitted the application with these papers. Then the false marklist prepared by him was destroyed. The nam