JUDGMENT :

Prayer : Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to allow the above Criminal Revision and set aside the order passed by the learned Judicial Magistrate No.I, Thiruvallur in C.C.No.155 of 2003, dated 24.08.2010 and the same was confirmed by the Additional District Judge-cum-Fast Track Court No.III, Thiruvallur in C.A.No.81 of 2010, dated 23.09.2011.

1. This is an amusing case in terms of observing human behaviour. The petitioner accused in this case namely, ‘Vetriselvan’, was employed in transport department by the name ‘Vetri’ during 2000 – 2001. He suddenly decides to become a teacher. Therefore, he concocts/forges a complete set of documents/certificates i.e., 10th standard certificate, 12th standard certificate, Diploma in Teacher Education certificate etc., by the name ‘Vetriselvan’ and applies for the position of Secondary Grade Teacher under the Government of Tamilnadu.

2. He was duly selected and was appointed to the post with effect from 20.02.2001 and was working in the post and drawing his salary. While so P.W.1, the Assistant Elementary Education Officer, took up the regular task of verification of certificates and during the verification, the Headmaster of the school in which the petitioner alleged to have studied communicated that there was no such student in the particular batch. The Directorate of examinations of the Government of Tamilnadu communicated that the 10th Standard Certificate and the Higher Secondary Certificate produced by the petitioner were bogus and the petitioner was not actually issued with such certificates in the concerned serial numbers. Similarly, the appropriate authority also confirmed that Diploma in Teacher Education Certificate produced by the petitioner/accused is also bogus.

3. Therefore, the petitioner was immediately suspended from service and P.W.1 lodged a complaint on 13.01.2002, based on which, a case in Crime No.16 of 2002 was registered by the District Crime Branch, Thiruvallur. P.W.12, Inspector of Police took up the case for investigation, completed the investigation and filed a final report, proposing the petitioner accused guilty for the offences under Sections 420, 465, 471 of Indian Penal Code.

4. The case was taken on file as C.C.No.155 of 2003 by the learned Judicial Magistrate No.1, Thiruvallur and upon appearance of the petitioner/accused, copies were furnished. The accused denied the charges, upon questioning and stood trial. The prosecution examined P.W.1 to P.W.14 and marked Exs.P1 to P14 and rested its case. Upon being questioned about the material evidence and the adverse circumstances on record as per Section 313 of Cr.P.C., the accused denied the same. Thereafter, the accused examined himself as D.W.1 and Exs.D1 to D14 were marked on behalf of the defence.

5. The Trial Court proceeded to hear the learned Assistant Public Prosecutor on behalf of the prosecution and the learned Counsel for the petitioner/accused and by its judgment, dated 24.08.2008 found that on the basis of the evidence of P.W.1 and on the basis of the Ex.P2, letter from the Secretariat of the Government examinations, Ex.P7, letter, stating that the mark sheet produced by the petitioner/accused, in respect of 10th Standard is bogus, Ex.P8, letter of the Headmaster of the concerned school stating that the mark sheet is bogus and that there was no such student, Ex.P9, letter from the Headmaster stating that no such student actually studied in Kaveripakkam Government Boys High School during the relevant years, Ex.P10, letter from the Village Administrative Officer, confirming that the address given by the petitioner/accused is bogus, Ex.P11 stating that there was no such serial number at all as contained in the petitioner/accused certificate and the note from the transport department in Ex.P13 that the petitioner/accused was absent from duty in the Transport Department from 21.08.2001 to 18.04.2002 and the evidence of P.W.4 and P.W.5. identifying that it was on