JUDGMENT :

S.K. Sahoo, J.

The petitioner K.U. Rao Dora faced trial in the Court of learned Additional Chief Judicial Magistrate, Bhubaneswar for offence punishable under section 420 of the Indian Penal Code in S.P.E. Case No.24 of 1989 on the accusations that during the year 1977-78 with an intention to cheat the Food Corporation of India, he submitted fake information with regard to his date of birth i.e. 25.05.1948 instead of 25.05.1940 to the Selection Committee for the post of Chief Labour Inspector in Food Corporation of India and thereby induced the authority to select him for the post of Chief Labour Inspector.

The learned Trial Court vide impugned judgment and order dated 20.12.1997 found the petitioner guilty under section 420 of the Indian Penal Code and sentenced him to undergo R.I. for two and half years and to pay a fine of Rs.2,000/-(rupees two thousand), in default, to undergo R.I. for fifteen days more.

The petitioner preferred an appeal in the Court of Session which was heard by learned Sessions Judge, Khurda, Bhubaneswar in Criminal Appeal No.01 of 1998 who vide impugned judgment and order dated 30.07.1998 while upholding the impugned judgment and order of conviction