Prosecution must prove charges beyond reasonable doubt and follow proper procedures in framing charges; failure to do so may result in acquittal.

JUDGMENT

T. Amarnath Goud, J. - This is a petition under Section 397(1) read with Section 401 of the CrPC, 1973 against the dismissal of appeal vide order dated 05.04.2018 in Criminal Appeal No. 02 of 2016 of the revision petitioner passed by the Judge, North Tripura, Dharmanagar in connection with Crl. (A) 02 of 2016 which was arising out of order dated 05.12.2015 passed by Sub-Divisional Judicial Magistrate, Kanchanpur, North Tripura, in case No. GR 106 of 2012.

2. The brief fact of the prosecution is that one Soniyel Reang @ Saniyel Rai Reang of Chutta Kangrai, P/S-Kanchanpur, North Tripura on being convicted by the Ld. Court of Additional Session Judge Dharmanagar, North Tripura in connection with Kanchanpur P/S Case No. 02/2008, U/S. 302 of IPC preferred appeal against the said order of conviction and sentenced before the Hon'ble Gauhati High Court, Agartala Bench, Agartala claiming himself to be juvenile at the time of the commission of the offence, which was alleged to have taken place on 06.01.2008. In support of his contention said Soniel Reang @ Saniyel Rai Reang produced a photocopy of the Transfer Certificate bearing Serial No. 130082, Damcherra, North Tripura, wherein, the date of birth of said Soniyel Reang @ Saniyeal Rai Reang as per Admission Register was alleged to have been recorded as 02.07.1992. The same was taken up for hearing by the Hon'ble High Court for order on 29.05.2012. The Hon'ble High Court by its order dated 25.09.2012 in the said application was pleased to direct an inquiry to be made into the age of the said Soniyel Reang @ Saniyeal Rai Reang. In pursuant to the said order Ld. Additional District and Session Judge, Dharmanagar, North Tripura submitted his Enquiry Report dated 15.06.2012 in the said case along with the Enquiry Report which was again listed for hearing before the Hon'ble High Court for order. The Hon'ble High court after considering the said enquiry report and in the interest of justice by order dated 26.06.2012, was pleased to direct the Headmaster/Headmistress/Teacher-in-Charge of Thumsaraipara S.B. School to produce the Admission Register and also the register/recorded of Transfer Certificate of the said school in respect of the said then convict-appellant Sri Soniyel Reang before the Hon'ble High Court on 22.06.2012. In compliance of the said order dated 20.06.2012 Sri Raj Kumar Chakma, who was then Teacher-in-Charge of the said Thumsaraipra, J.B. School at the relevant point of time, who issued the said "Transfer Certificate" in questioned, appeared before the Hon'ble High Court on 26.06.2012 with the school admission register along with another Sri Ardhendu Kumar, the then Teacher-in-Charge of the said school at that relevant point of period, who took over the charge of the said school from said Raj Kumar Chakma on 31.12.2012. The Hon'ble High Court found the "Students Admission Register" of the said school to have contained apparent manipulation in the serial bearing No. 195 of Page No. 21 of the said Admission Register Because of the said prima-facie manipulation found in the said "Students Admission Register" the subsequent serial numbers, in respect of the names of the students was alleged to have been altered or changed in the said Register. Consequently, finding prima-facie manipulation in the said "Transfer Certificate" which was issued on 26.08.2011 in favour of the said then convict appellant namely, Sri Soniyel Reang @ Saniyel Rai Reang. Hon'ble High Court is then regarded the same as forged document and the person issued the said "Transfer Certificate" was pri