JUDGMENT :

RAJENDRA M. SAREEN, J.

1. This Appeal is filed by the appellant-State of Gujarat under Section 378(1)(3) of the Criminal Procedure Code, 1973 against the judgment and order dated 22.01.2009 passed by the learned Additional Sessions Judge, Patan in Criminal Appeal No. 48 of 2008 acquitting the respondent-original accused from the offence punishable under sections 420, 465, 468 and 471 of Indian Penal Code and under section 12(1)(b) of Passport Act, 1967.

2. The case of the prosecution is that the complainant Bhikhalal Nanalal, lodged a complaint before 'A' Division Police Station being I-CR-No. 141/06, against present accused for the offences punishable under sections 420, 465, 468 and 471 of India Penal Code & under section 12(1)(b) of the Passport Act. It is the case of the prosecution that Shri Bhikhalal Nanalal Ravaiya is serving as a Police Head Constable in 'A' Division Police Station, Junagadh in L.I.B. (Local Investigation Branch) and the Superintendent of Police of Junaghadh written a letter bearing no. C/LIB/Pass/Offence/06 dated 26.5.2006 in which it was stated that Kothari Bakulaben Sanjaykumar, Residing at Junagadh, Dhebar Falia, Kundi Sheri has submitted File No. AHDB/004282/06 dated 6.3.2006 to obtain a Tatkal Passport from the Regional Passport Office at Ahmedabad. As per letter dated 25.5.2006 of the Regional Passport Office, Ahmedabad, it was mentioned that Kothari Bakulaben Sanjaykumar of Junagadh submitted wrong birth date her school leaving certificate, hence, it was ordered to make enquiry about it. On receipt of the said order from the Superintendent of Police of Junagadh, Shri Bhikhalal Nanalal Ravaiya personally visited at Government Girls High School, Junagadh where Bakulaben Sanjaykumar Kothari obtained education and on enquiry from the record of the Government Girls High School, Junagadh, it was found that her name was shown as Bakulaben D/o. Jinabhai Dayatar and the date of birth is shown as 15.6.1963. Bakulaben Jinabhai Dayatar, after marriage, known as a Bakulaben Sanjaykumar Kothari and it was found that from the enquiry of passport, Bakulaben Sanjaykumar Kothari has made scratches and erasures in the School Leaving Certificate and there was a change in the date of birth from 15.6.1963 to 15.6.1968 and by making scratches and erasures, Bakulaben Sanjaykumar Kothari created forged document and the said offence was committed by Bakulaben Sanjaykumar Kothari on or before 7.3.2006. Bakulaben Sanjaykumar Kothari has submitted forged school Leaving Certificate mentioning the date of birth of Bakulaben Sanjaykumar Kothari as 15.6.1968 instead of 15.6.1963 and by submitting such type of forged document, Bakulaben Sanjaykumar Kothari or Bakulaben D/o. Jinabhai Dayatar has committed forgery against the Government of India to obtain passport and Bakulaben Sanjaykumar Kothari or Bakulaben D/o. Jinabhai Dayatar has committed offences punishable under Sections 420, 465, 468 and 471 of India Penal Code & Section 12(1)(b) of the Passport Act, 1967.

2.1. After completing police enquiry, offence was registered at Junagadh 'A' Division Police Station, I-CR-NO-141/06 dated 26.5.2006 and after investigation of the charge sheet no. I-29/06 dated 14.7.2006, was filed in the Court of Chief Judicial Magistrate, Junagadh, which was registered as a Criminal Case No. 1875/2006.

2.2. The Learned Chief Judicial Magistrate after supplying copies of the police papers and complaint, framed charge vide Exh. 5 on 4.8.2006 and as per plea at Exh. 6, accused Bakulaben Sanjaykumar Kothari denied all the charges leveled against her. The prosecution therefore led evidence. The Prosecution has examined oral evidence of witnesses as well as produced documentary evidences on the record of the case. At the conclusion of the trial, the Learned Chief Judicial Magistrate of Junagadh has rendered his judgment vide Exh. 87 in vernacular language and the benefit of doubt was given to the accused namely Bakulaben Sanjaykumar Kothari and the