J U D G M E N T

1. The present revision petition is directed against the impugned judgment dated 29.08.2018 passed by Addl. Sessions Judge in CRL.A. 263/2017 arising out of FIR No. 388/2008 registered under Sections 419/420/468/471/120B IPC, P.S. Defence Colony wherein the petitioner’s conviction under Section 420 IPC was modified and altered to one S. 420/511 IPC. The petitioner’s sentence for the offence punishable under Sections 420/511 IPC was also modified and altered to RI for two years and fine of Rs.5,000/- and in default to whereof to undergo SI for six months. The petitioner’s conviction under Sections

468/471 IPC and sentence was maintained.

2. Earlier the Metropolitan Magistrate vide judgment dated 24.05.2017 had convicted the petitioner under Sections 420/468/471 IPC and sentenced the petitioner to RI for two years for the offence under Section 420 IPC and fine of Rs. 5,000/- in default whereof to undergo SI for six months. The petitioner was sentenced to RI for two years for the offence under Section 468 IPC and fine of Rs. 5,000/- in default whereof to undergo SI for six months. The petitioner was also sentenced to undergo RI for two years for the offence under Section 471 IPC. The sentences were directed to run concurrently and the petitioner was granted benefit of Section 428 Cr.P.C.

3. The brief facts as noted by the Appellate Court are as under:-

“Appellant Jitender Kumar applied for fresh arms licence on 18.06.2008 with Licencing Unit. In his application Ex. PW2/A, appellant stated that he was working as Security Guard with Sun Rise Security Force. Appellant also submitted certificate Ex. PW2/C purportedly to be issued by Security Agency signed by one Hardev Singh in support of his employment. Application of appellant was processed and inquiry was conducted through SI Shiv Singh (PW2). During inquiry it was revealed that certificate annexed with the application of appellant was forged. Inquiry further disclosed that one Mintu Kumar is proprietor of Sun Rise Security Force who informed SI Shiv Singh (PW-2) that letter pad belongs to his office but no person with the name Hardev Singh is working as General Manager in his security agency. Mintu Kumar further informed that one Pinku, working as Security Guard, has taken plain letter head sheet from his on the pretext of preparing his ration card. Thereafter, SI Shiv Singh made complaint to SHO PS Defence Colony, Investigation was conducted. Appellant was arrested and was interrogated who disclosed that he got letter head of Sun Rise Security Force through one Pinku who is the friend of his brother Santosh. Santosh is working as Security Guard with Group 4 Security. The said letters pad was used to show Jitender Kumar was an employee of Sun Rise Security Force. The stamp used on the letter head was forged and procured by appellant Jitender Kumar and he himself put his signatures as General Manager of M/s. Sun Rise Security Force showing name of General Manger as Hardev Singh. Appellant Jitender Kumar during custody got the stamp recovered from his house. Pursuant to the disclosure statement of appellant, Santosh was also arrested for procuring letter paid for the purpose of preparing false claim of Jitender Kumar showing his employment with Sun Rise Security Force. Pinku and Mintu were also arrested for being involved in the conspiracy knowing that letter head of Sun Rise Security Force was to be used for illegal purposes. During investigation, specimen signatures of all aforesaid persons were obtained. Specimen of letter head of Sun Rise Security Force and sample stamp impression of stamp recover from appellant were also sent to FSL for examination. After completion of investigation, appellant Jitender Kumar alongwith Santosh, Mintu and Pinku were charge sheeted under Section 419/420/468/471/120- B IPC. All of them were charged accordingly. After conclusion of trial, the trial court did not find any evidence against Santosh, Mintu and Pinku and accordingly they we