JUDGMENT :

S.K. SAHOO, J.

The respondent Naresh Chandra Sahoo faced trial in the Court of learned Chief Judicial Magistrate, Cuttack in Vigilance G.R. Case No.16 of 1993 for offences punishable under sections 471 read with section 465 of the Indian Penal Code on the accusation that on 30.08.1991 he fraudulently produced/used a forged marksheet as genuine before the Managing Committee of Anchalika Mahavidyalaya, Kanpur, Narsinghpur (hereafter ‘the College’) showing to have secured total marks 433 in Oriya M.A. Examination held in July 1980 although he had actually secured total marks 401 in Oriya examination held in July 1979 as per the tabulation register of the University which he knew at the time of using it to be a forged document and thereby got himself selected and appointed for the post of lecturer in Oriya in the aforesaid College in U.G.C. scale of pay. He was further charged under section 420 of the Indian Penal Code on the accusation that he cheated the Managing Committee of the College inducing them to get himself appointed and deliver pay in U.G.C. scale which was the property of the said institution and converted the same to his own use.

The learned trial Court vide impug