M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned 3rd Additional Judicial Magistrate First Class, Gandhinagar (hereinafter referred to as "trial Court") in Criminal Case No. 8093/2004 by which the learned trial Court has acquitted the respondents herein - original accused for the offences under Sections 406, 420, 467, 468, 469, 471 and 171 read with Section 114of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"), the State has preferred the present criminal appeal.

2. Facts leading to the present criminal appeal and the prosecution case in nut-shell are as under:

2.1 One Vipul Sevantilal Shah lodged a complaint against the respondents herein - original accused before the Adalaj Police Station being I-CR No. 238/2004 alleging inter alia that though the original accused No. 1 (respondent No. 1 herein) was not working in the office of the Forest Department, Mehsana, he forged the documents by preparing the false identity card of the said department. It was further the case on behalf of the original complainant that the original accused took him in confidence and stated that he is having good relations/influence in the Sales Tax as well as Income Tax Department and he took Rs. 1,50,000/- from him for getting a government job. It was alleged that thereafter instead of getting the job, he used Rs. 1,50,000/- for his personal use out of which he returned Rs. 40,000/- and for rest of the amount i.e. Rs. 1,10,000/-, he issued the cheques drawn on Gandhinagar Sahakari Bank, Chandkheda Branch though there was no balance in his account. Thus, it was the case on behalf of the original complainant/prosecution that by creating forged documents/identity card posing himself to be the officer working in the Forest Department gave false promise and got Rs. 1,10,000/- by giving false promise of giving job in the government and thereby the accused have committed the offences under Sections 406, 420, 467, 468, 469, 471 and 171read with Section 114of the IPC. The aforesaid FIR was investigated by Shri Kansingh Ratansingh Pagi (PW-9), PSI, Chandkheda Police Station. Even the complaint given by the original complainant was recorded by Kansingh Pagi (PW-9). He recorded the statements of the concerned witnesses. He arrested the respondent No. 1 herein - original accused Chirag on 03.12.2004. He recovered the identity card with photograph of the accused and with his signature with a stamp of Forest Department at the instance of the accused and from his room (Exh. 41). He also held the necessary investigation from the office of the Forest Department and it was found that no such person like the accused was serving in the office of Forest Department mentioned in the said I-Card and it was found that no such office of the Forest Department at the address mentioned in the I-Card was in existence. He obtained the certificate to that effect from one Harshadbhai Modi, Superintendent of Forest Department. Thereafter, he arrested the original accused No. 2 Kashmiraben on 06.12.2004. After conclusion of the investigation and having found prima facie case against the accused, the Investigating Officer filed the charge-sheet against both the accused in the Court of learned Judicial Magistrate First Class, Gandhinagar, which was numbered as Criminal Case No. 8093/2004. That the learned trial Court framed the charge against the accused for the offences 406, 420, 467, 468, 469, 471 and 171 read with Section 114 of the IPC at Exh. 2 on 28.01.2005. The accused pleaded not guilty and therefore, both of them came to be tried by the learned trial Court for the aforesaid offences.

2.2 To prove the case against the accused, the prosecution examined the original complainant (PW-1) at Exh. 5. The examination-in-chief of the PW-1 was recorded on 11.02.2005, which was part recorded on that day.