The main legal point established in the judgment is that the accused had not forged the documents as alleged, and the provisions of Sections 467, 468, or 471 IPC were not attracted.

ARVIND SINGH SANGWAN, J.

1. Prayer in this revision petition is for setting-aside the judgment dated 15.07.2014 passed by the trial Court vide which the respondent/accused was acquitted in FIR No.199 dated 10.09.2007 registered under Sections 419, 468 and 471 of the Indian Penal Code, 1860 (in short 'IPC') at Police Station Sector 40, Gurgaon and the judgment dated 06.06.2016 whereby the appeals filed by the State of Haryana as well as the petitioner/complainant were also dismissed.

2. Brief facts of the case are that the complainant was Administrator in Hari Public School, Rewari since 2003, previously, name of the school was Hari Singh Parag Public School. One Vijay Kumar was working as a Secretary-cum-Head Master of the school prior to 2006 and he was in-charge of the school records including attendance register, payment register, etc. He was removed from the post of Head Master on account of his old age and on this account he had a grudge against the school and he has taken the records of the school. He had a complaint before the EPF Commissioner, Gurgaon regarding non-payment of his provident fund. He has submitted photocopies of the records before the EPF Department which he has prepared by way of forgery as he had taken out the seal of the school and signed certain documents in the capacity of Head Master. Thus, he mis-represented himself as Head Master of the school and forged the documents of the school and used the same for his own benefits despite the fact that he has retired from the school.

3. On registration of the FIR, the respondent/accused was challaned and the report under Section 173 Cr.P.C. was submitted before the Court and the petitioner was charged for the offences under Sections 419, 467, 468 and 471 IPC.

4. The prosecution examined PW1 – SI Preet Singh (Retired) who proved certain documents regarding signature and handwriting of accused – Bijender @ Vijay Kumar, FSL Report and various other documents. PW2 – Bal Kishan Batra stated that he was posted as Assistant EPF Commissioner and the documents Exs.P1 to P5 were produced before him by the accused. However, this witness in his cross-examination stated that he has not made the statement Ex.D1 recorded by the police under Section 161 Cr.P.C. and further denied that on 03.10.2010 he has suffered the aforesaid statement under Section 161 Cr.P.C. This witness further stated that the record produced by the accused was already attested and the accused has not attested the documents in front of him. PW3 – Mahender deposed that on 27.08.2007 he along with Sewa Ram and their counsel were present in the office of EPF Commissioner where the accused presented certain documents. Sewa Ram – PW4 deposed that he was Administrator of Hari Singh Public School since 2003 and accused has made a complaint in the EPF Office against the school and the accused produced five documents before the EPF Commissioner which were not attested and on the asking of the Commissioner, the accused took out the old stamp and attested the same despite the fact that he had retired and, thus, he has misused the stamp and forged the documents. He has also identified the documents Ex.P1 to Ex.P5 which were allegedly attested by the accused. In cross-examination, this witness admitted that in his complaint Ex.PW4/A he has not mentioned that the seal was in the name of the Principal of the school. He further admitted that in FIR No.166 dated 28.05.2007 registered under Section 381 IPC was registered against the accused by one Mahender Singh and the accused has already been acquitted in that case.

5. PW5 – SI Jagdish partly conducted the investigation and proved certain documents which he had taken in possession. PW6 – Hari Om stated that he was MHC in Police Station Sector 40, Gurgaon and ASI Jagdish has deposited certain documents with him for sending the same to FSL, Madhuban. EHC Tara Chand appeared as PW7 and stated that MHC Hari Om gave him certain documents for depositing the same in F