The main legal point established in the judgment is that the prosecution must prove the forgery of a document and the accused's involvement, and the defense's claims must be supported by credible evidence.

JUDGMENT

(Prayer: Revision under Sections 397 and 401 of the Criminal Procedure Code against the judgment and order 30.1.2017 made in Crl.A.No.31 of 2015 on the file of the Fourth Additional District and Sessions Court, Coimbatore modifying the judgment and order dated 20.1.2015 passed in C.C.No.143 of 2014 on the file of the Judicial Magistrate No.8, Coimbatore.)

1. This criminal revision case has been filed against the judgment and order passed by the learned Fourth Additional Sessions Judge, Coimbatore, dated 30.1.2017 modifying the conviction and sentence passed by the learned Judicial Magistrate No.8, Coimbatore in C.C.No.143 of 2014, dated 20.1.2015.

2. The case of the prosecution is as follows :

(i) One Ibrahim (a) Kulai Ibrahim (A2) was charged for offences under Sections 147, 148 and 302 of the Indian Penal Code (hereinafter called the Code) in Cr.No.1548 of 1997 on the file of B1 Bazaar Police Station, Coimabore. He was convicted and sentenced by the learned Second Additional District Judge, Coimbatore in S.C.No.201 of 1999 by judgment dated 06.2.2001. As against the said conviction, a criminal appeal was filed before this Court in Crl.A.No.963 of 2001 and it was dismissed by judgment dated 15.10.2004. Ibrahim (A2) was undergoing sentence at the Central Prison, Coimbatore.

(ii) Ibrahim (A2) conspired along with his father Abdul Razak (A1) to obtain a false birth certificate to project as if Ibrahim (A2) was a juvenile at the time of commission of offence. In furtherance of the said conspiracy, Abdul Razak (A1) presented an application before the Registrar of Birth and Death, Coimbatore City Municipal Corporation seeking for issuance of a birth certificate for his son – Ibrahim (A2) stating as if he was born on 23.5.1980. On receipt of the application, a non availability certificate was issued.

(iii) Subsequently, Abdul Razak (A1) presented an application on 23.11.2012 before the Judicial Magistrate No.5, Coimbatore seeking for a direction to register the birth date of his son – Ibrahim (A2) as 23.5.1980. For securing such a declaration, Abdul Razak (A1) was said to have fabricated a document as if it was a record sheet issued by one M/s.Good Shepherd Primary School, Coimbatore (for short, the school), in which, the seal of the school and the signature of the Headmaster named Mr.Jesudhas were forged and this fabricated document was prepared. The above said forged document was produced before the Judicial Magistrate No.5, Coimbatore and based on the same, an order was passed on 13.2.2013 directing the Registrar of Birth and Death, Coimbatore City Municipal Corporation to register the birth date of Ibrahim (A2) as 23.5.1980. Accordingly, a birth certificate was issued by the Registrar of Birth and death.

(iv) The birth certificate that was issued was acted upon and a special leave petition in S.L.P.(Crl.) No.9412 of 2013 came to be filed before the Apex Court on the ground that Ibrahim (A2) was a juvenile at the time of commission of offence and accordingly, necessary relief was sought before the Apex Court. The Apex Court directed the genuineness of the certificate to be ascertained by the Police and to file a report.

(v) P.W.21, who was the then Inspector of Police, received the notice issued by the Apex Court and he immediately visited the school on 31.12.2013 and requested the principal of the school (P.W.1) to ascertain the genuineness of the record sheet (Ex.P.3), which was claimed to have been issued by the school, based on which, the birth certificate was issued to Ibrahim (A2). P.W.1, on receipt of the information from P.W.21, went through the records and found that Ex.P.3 is a forged document. He accordingly wrote a letter to P.W.21, which was marked as Ex.P.37. Based on the letter given by P.W.1, a first information report came to be registered on 31.12.2013 in Cr.No.1722 of 2013 on the file of the respondent Police against both Abdul Razak (