The use of a forged document to misrepresent qualifications for employment constitutes cheating and forgery under IPC and corruption under relevant statutes.

JUDGMENT :

Rakesh Kainthla, J.

1. The present appeal is directed against the judgment and order dated 31.7.2012, vide which the appellant (accused before the learned Trial Court) was convicted for the commission of offences punishable under Sections 415 & 471 of IPC and Section 13 (1)(d) of the Prevention of Corruption Act, 1988 and was sentenced as under:-

(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court against the accused Sukh Ram, Hans Raj and Govind Singh. It was asserted that a complaint was received at the Police Station, State Vigilance and Anti-Corruption Bureau, Shimla stating that petitioner Sukh Ram had appeared in the matriculation examination in the year 1976 against Roll No. 201421. He was appointed as a Daily Wage Supervisor w.e.f. 1986 till 1996. He was regularized as Mate on 1.1.1997. He joined as a Mate in September, 2000 in Sub Division Hatkoti. He was promoted on 1.1.2002 and his matriculation certificate was demanded. Petitioner Sukh Ram produced a photocopy of the matriculation certificate duly attested by the Headmaster, Government Senior Secondary School, Solang. The date of birth of petitioner Sukh Ram was mentioned as 22.7.1960 in the matriculation certificate. The column of Roll Number on the left side was blank in the certificate; however, the Sr. No. 0552 on the right side was mentioned. The certificate was verified and it was found that the date of birth was mentioned as 22.7.1956 in the original certificate, which was overwritten to 22.7.1960. Secretary, Pradhan of Gram Panchayat, Headmaster, Clerk Narender Dutt Sharma and petitioner Sukh Ram had conspired to forge this document. Clerk Narender Dutt Sharma, Executive Engineer-A.N. Sharma, Secretary and Pradhan of Gram Panchayat had misused their official position to prepare the wrong record to confer benefit upon petitioner Sukh Ram. FIR (Ext. PW8/A) was registered in the police station. Karam Chand (PW-17) conducted the investigation. Dharam Dass (PW13) produced a copy of the Pariwar Register (Ext. PW13/A), and Birth and Death Register (Ext. PW13/C). Another copy of the Pariwar Register (Ext. PW13/D), and entry in the Birth and Death Register (Ext. PW13/E) were seized, vide memo (Ext. PW13/B). Vinit Kumar (PW16) produced a copy of the Admission Register, Order Book, Register and sta.mp through Memorandum (Ext. PW16/A). Admission Register (Ext. PW16/C). Surender Singh (PW5) produced the record (Ext. PW5/A). Copy of the Notification (Ext. PW5/B), Office Order (Ext. PW5/C), Copy of verification (Ext.PW5/D), Office Order of Promotion (Ext. PW5/E) and copy of Office Order (Ext. PW5/F) were seized by the police. The documents were sent to the FSL for analysis. Karam Chand recorded the statements of the witnesses as per their versions. It was found after the investigation that petitioner Sukh Ram had altered the date of birth in his matriculation certificate in connivance with Han