JUDGMENT

R.L. Khurana, J. - The State has come up in appeal under Section 378 of the Code of Criminal Procedure against the judgment dated 20.9.1989 passed by the Additional Sessions Judge, Mandi setting side the conviction and sentence imposed upon the respondent by the learned Chief Judicial Magistrate, Mandi vide judgment dated 20/ 21. 9 .1988 and whereby the respondent was acquitted of offences under Sections 181 and 420, Indian Penal Code.

2. Briefly stated, the facts of the present case are these. On the basis of the report dated 10.10.1985 made by the Superintendent of Police, CID/Crime, Himachal Pradesh, Shimla to the District Superintendent of Police, Mandi, case under Sections 420/468, Indian Penal Code came to be registered at Police Station Sadar, Mandi vide FIR No. 2317/1985 on 11.10.1985. It was averred that the respondent ASI Hirda Ram who is not a Middle pass, had given an affidavit to the effect that he was Middle pass and on the basis of such affidavit with regard to his educational qualification got promotion. On the basis of reliable information having been received in this regard, a discreet inquiry was made and it was found that in the year 1978 when the respo