The burden of proof lies with the prosecution, and the case must be proved beyond reasonable doubt.

JUDGMENT

(Prayer: Criminal Revision Petition filed under Sections 397 and 401 of Criminal Procedure Code, to call for the records in C.A.No.25 of 2016 on the file of the Court of Principal District and Sessions Judge, Vellore dated 03.10.2016 confirming the order of conviction of the learned Judicial Magistrate No.2, Vellore in C.C.No.393 of 2015 dated 26.04.2016 and set aside the same.)

1. The petitioner/accused in C.C.No.393 of 2015 was convicted by the learned Judicial Magistrate No.II, Vellore by judgment dated 26.04.2016 for the offence under section 466 IPC and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.1000/-, in default to undergo three months simple imprisonment, for the offence under Section 468 IPC and sentenced to one year rigorous imprisonment and to pay a fine of Rs.1,000/-, in default to undergo three months simple imprisonment, for the offence under Section 471 IPC and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000/-, in default to undergo three months simple imprisonment, for the offence under Section 420 IPC and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000/-, in default to undergo three months simple imprisonment and the sentence to run concurrently. Against which, the petitioner preferred an appeal in C.A.No.25 of 016 before the Sessions Court. The learned Principal District and Sessions Judge, Vellore by judgment dated 03.10.2016 dismissed the appeal confirming the conviction and sentence of the Trial Court, against which, the present revision petition is filed.

2. Before the Trial Court, P.W.1 to P.W.8 examined and Ex.P1 to Ex.P9 marked. On the side of the defence, no witnesses examined and no documents marked. On conclusion of the trial, the Trial Court convicted the petitioner which was confirmed by the Lower Appellate Court as stated above.

3. The brief facts of the case is that the petitioner joined as Junior Assistant in Commercial Taxes Department, Vellore. During the year 2000, the petitioner submitted a certificate/Ex.P.4 dated 04.08.2000 claiming that he passed the Junior Accountancy Test. Based on the application submitted by the petitioner, entries were made in his Service Register. Thereafter, the petitioner got promoted on 02.01.2007 and transferred to Salem. The Department sent the certificate of the petitioner along with ten others for verification with the Director of Technical Education, who verified the same and found that nine certificates were genuine and two certificates were forged, one such was that of the petitioner. After making internal verifications, on the instructions of the Commissioner of Commercial Taxes, the Assistant Commissioner of Commercial Tax lodged a complaint annexing the report and documents to the respondent police on 06.05.2013. The respondent registered a case in Crime No.30 of 2013 for the offence under Section 466, 468, 471 and 420 IPC. After investigation, final report was filed before the learned Judicial Magistrate No.II, Vellore.

4. The contention the petitioner is that the petitioner appeared for the Junior Accountancy Test which is a Departmental examination, which Government servant is required to clear. The petitioner applied for the same, appeared for the examination and thereafter, the certificate/Ex.P4 was sent to him by post from the Director of Technical Education. On receipt of the same, the petitioner submitted a request letter to P.W.4 along with the certificate and the postal cover. P.W.4 recorded the same in his Service Register which is marked as Ex.P5. Thereafter, the petitioner is not aware of what had happened. Later the petitioner came to know that P.W.3 received a letter from the Commissioner, Commercial Tax that there is some doubt with regard to technical education certificates of 11 persons, hence certificates including that of the petitioner in Certificate Serial No.JEG051112 [Registration No.315484] were sent to the head office, from