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2019 Supreme(J&K) 402
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Sanjay Kumar Gupta, J.
State - Appellant
Versus
Naresh Kumar Parwakar – Respondent
CRAA No.21 OF 2007
Decided On : 01-03-2019
Advocate Appeared:
For the Appellant : Mr. Sudesh Magotra, GA vice Mr. C.M.Koul, Sr. AAG.
For the Respondent:Mr. Anil Sethi, Advocate.
Headnote:
Criminal Procedure cOde1973 – Section161 - Investigation – FIR - Court was that respondent while posted as Deputy Director Libraries prepared papers of fictitious meeting of DPC and forged the signatures of Utter Kumar and SC including his own signatures members of said March and thereby conferred undue benefit to Irvin Koru Swarm Kenta Bihar Pares Ram Ashok Kumar and by clearing their names for promotion to higher ranks - In view of fictitious DPC convened above said beneficiaries were promoted - Respondent knowingly concealed and destroyed record of said DPC with view to destroy evidence - Beneficiaries were demoted after some time by Director Libraries - One of beneficiaries challenged order of demotion and sought direction to implement DPC convened before Humble Court - Director appeared in Court and claimed that his signatures have been forged and he has never attended any DPC - High Court vide its judgment –Held, Case court below after appreciating evidence produced by prosecution has that filed writ when she was demoted she never alleged that was wrong or signatures of members were forged rather she has acknowledged that by virtue of she was promoted and she has never paid any bribe to accused - Deposed that DPC to be correct and she never supported fact that accused ever forged signatures of other members and used in genuine papers - Stated that he does not know anything court below thus held that forgery of signature on minute was not proved by prosecution - Another member of minute - Sharma had died Ashok Sharma has categorically stated that Director Libraries had issued an order and constituted vide its order photocopy of which is in file would clearly reveals that this fact is correct - He has further stated that promotion orders were also issued but at that time Assistant Director never made any complaint that his signatures were forged by accused up to said took over charge as Dye - Director when accused was suspended at time of assuming charge as Director never complained that his signatures have been forged so statement of cannot be believed be true - All these findings of court below are not perverse in nature and are supported with evidence recorded by court below during trial - So far as offence is concerned court below has that evidence adduced does not speak whisper about causing disappearance of evidence by accused - This finding is also correct because from perusal of evidence on record do not find any evidence in this regard - Further for convicting person section there should be allegation of forgery as defined section which is punishable section but there is no such charge framed against respondent/accused - Appeal dismissed
JUDGMENT :
1. The instant Criminal Acquittal Appeal has been filed by the State against the judgment dated 05.02.2007 passed by the learned 3rd Additional Sessions Judge, Jammu by virtue of which the accused Naresh Kumar Parwakar has been acquitted.
2. Briefly prosecution case before the trial Court was that the respondent while posted as Deputy Director, Libraries prepared papers of fictitious meeting of DPC and forged the signatures of Utter Kumar and SC Vohra, including his own signatures the members of said DPC on 22/23 March 1999 and thereby conferred undue benefit to Irvin Kour, Swarn Kanta, Bihari Lal, Paras Ram, Ashok Kumar and Subash Kour by clearing their names for promotion to higher ranks. In view of the fictitious DPC convened the above said beneficiaries were promoted. The respondent knowingly concealed and destroyed the record of said DPC with a view to destroy the evidence. The beneficiaries were demoted after some time by Director Libraries. One of the beneficiaries Swarn Kanta challenged the order of demotion and sought a direction to implement the DPC convened before the Hon’ble Court. Dy Director S.C. Vohra appeared in the Court and claimed that his signatures have been forged and he has never attended any DPC. The High Court vide its judgement dated 17.04.2000 passed in writ petition directed a probe in the matter.
3. The case stood registered and investigation taken in hand. During the course of investigation police came to the conclusion that a fictitious DPC was convened by the respondent in which signatures of S.C.Vohra and Utter Kumar Sharma inclusive of accused were forged by the accused himself and undue benefit was conferred upon the beneficiaries by the minutes of this DPC by promoting the above said candidates to the higher rank on 23-03-1999, therefore, the investigating officer concluded the investigation established that prima facie case under section 420/468/467/120-B RPC stood proved against the accused and the challan was presented before the Chief Judicial Magistrate, Jammu. The offence under section 467 RPC being exclusively triable by the Court of learned Sessions Judge, the challan was committed to learned Sessions Judge, Jammu who ultimately transferred the same to the 3rd Additional Sessions Judge, Jammu for disposal.
4. After investigation of the case, offences u/s 471/420/201RPC were found proved against the accused and accordingly the charge was framed against him. Accused denied the charge and claimed trial of the case. The prosecution was accordingly directed to lead evidence in support of its case. The prosecution examined PWs Sushil Chand, Balwant Raj, Romesh Chand, Gulshan Lal, Bansi Lal, Ashwani Kumar, Paras Ram, Rakesh Magotra, Gulzar Ahmed, Swarn Kanta, Irvin Kour, Ashok Sharma and Dy.SP in the sustenance of the charge.
5. The court below after conclusion of trial and hearing the parties acquitted the accused. Before re appreciating the evidence on record, the brief resume of the statements made by the prosecution witnesses and recorded by court below reads as under:
PW-Shushil Chand Vohra stated that he retired as Dy. Director, Libraries. Jammu. He was promoted as Dy. Director on 05.08.1999. The Director Libraries had forwarded a Departmental Promotion Committee. The order whereof is on record and he as a Assistant Director was the member of that committee along with the Chief Librarian, Kathua and Dy. Director was the Chairman. At the relevant time accused was Dy. Director. He was not summoned for meeting of DPC nor did he ever attend any such meeting. The DPC was formed to clear the case of Jammu Province. There was no meeting of DPC; he does not know anything about the meeting held on 23.03.1999. Further stated that he has seen the photo copy on record of the file and he had not signed the same. He was shown the promotion orders dated 13.04.99 and 10.05.1999 also and stated that these were not issued according to DPC as no meeting of DPC took place. Govt. Advocate had called
