The prosecution failed to establish essential elements of forgery and use of a forged document, leading to the appellant's conviction being unsustainable.

JUDGMENT :

1) Instant appeal is directed against judgment dated 03.07.2020 passed by learned 2nd Additional Sessions Judge, Srinagar, whereby the appellant has been convicted of offences under Section 468, 471 and 201 of RPC. Challenge has also been thrown to order 06.07.2020, whereby the appellant has been sentenced to undergo simple imprisonment for a period of two years with a fine of Rs.2000/ in proof of offence under Section 468 RPC, simple imprisonment for a period of two years with a fine of Rs.2000/ for offence under Section 471 RPC and in proof of offence under Section 201 RPC, he has been sentenced to undergo simple imprisonment of one year and to pay a fine of Rs.1000/. In default of payment of fine, the appellant has been directed to undergo simple imprisonment for a further period of six months in terms of the impugned order dated 06.07.2020.

2) As per case of the prosecution, on 24.04.2011, SDPO, Shaheed Gunj Srinagar, received a communication dated 29.03.2011 from Inspector General of Police, Crime Branch, Srinagar, for verification and necessary action. Along with the said communication, a copy of communication dated 24.02.2011 from State Vigilance Organization was also received in which it was alleged that the appellant has been promoted from the post of Mulberry Guard (Class IV) to the post of Bush Technician on the basis of a fake matriculation certificate. Police Station, Shaheed Gunj, Srinagar, registered FIR No.33/2011 for offences under Section 420, 467, 468, 471 and 201 RPC and started investigation of the case.

3) During investigation of the case, a photocopy of the matriculation certificate pertaining to the appellant was seized from the office of the Additional Director, Sericulture Department and statements of the witnesses were recorded. It was found during investigation that original matriculation certificate had been delivered back to the appellant against a receipt. Accordingly, specimen signatures of the appellant were obtained and the same were sent to the FSL along with his questioned signatures. The appellant intentionally did not produce the original certificate before the Investigating Agency, as such, offence under Section 201 RPC was added. The Investigating Agency got the photocopy of the matriculation certificate of the appellant verified from the Jammu and Kashmir State Board of School Education and it was reported that the same is fake and fabricated. It was also reported that the verification report in respect of the certificate that was seized from the Department is also fake. After completion of investigation of the case, offences under Section 420, 467, 468, 471 and 201 RPC were found established against the appellant and the challan was laid before the trial court.

4) On 25.05.2012, the learned trial court framed charges for offences under Section 420, 467, 468, 471 and 201 RPC against the appellant and his plea was recorded. The appellant denied the charges and claimed to be tried. Accordingly, the prosecution, in order to prove its case, examined PWs Mukhtar Ahmad Jalu, Joint Secretary State Board of School Education, Malik Farooq, Director Sericulture Department, Muzaffar Ahamd Khan, Additional Director, Sericulture Department, Raja Aijaz Ahmad Khan, IGP Crime Branch, Mushtaq Ahmad, Head Constable, Rafiq Ahmad Bhat, Orderly Sericulture Department and Mohammad Amin Mir, official of Sericulture Department. No other witness cited in the challan, including the Investigating Officer of the case and Handwriting Expert, has been examined by the prosecution in this case.

5) After completion of the prosecution evidence, the statement of the appellant/accused under Section 342 of J&K Cr.P.C. was recorded and he was called upon to tender his explanation to the incriminating circumstances appearing in the prosecution evidence. In his statement the appellant/accused denied the allegations levelled against him. Regarding seizure of photocopy of his matriculation certificate, the appellant/accus