The High Court, in exercise of its revisional jurisdiction under S.397 CrPC, cannot reappreciate evidence or act as a second appellate court to challenge concurrent findings of fact unless gross miscarriage of justice or patent illegality is demonstrated.

CAV JUDGMENT

1. The present Revision Application has been preferred by the applicant – original accused under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 24.03.2005 passed by the learned Sessions Judge, Mehsana in Criminal Appeal No.56 of 2001, whereby the learned Sessions Judge was pleased to confirm the judgment and order of conviction dated 01.09.2001 passed by the learned Chief Judicial Magistrate, Mehsana in Criminal Case No. 5827 of 1995, convicting the present applicant under Sections 416 and 419 read with Section 114 of the Indian Penal Code and sentencing the applicant – accused to undergo two years’ simple imprisonment and to pay a fine of Rs. 500/–, and in default of payment of fine, to undergo simple imprisonment for one month.

2. The factual matrix leading to the filing of the present revision application is that an FIR came to be registered at Mehsana Police Station on 08.02.1995 by one Laxmanbhai Mohanbhai Panchal for offences punishable under Sections 416 and 419 read with Section 114 of the Indian Penal Code against accused No.1 – Nagarbhai Maganbhai Ravat. The present applicant – accused No.1 along with accused No. 2 – Jagdishbhai Parmar were named in the said FIR, which was registered as C.R.No.I-48 of 1995. Thereafter, the investigation was carried out and after the investigation was completed, a charge-sheet was filed before the learned Magistrate, which was numbered as Criminal Case No.5827 of 1995.

3. In the nutshell, the case of the prosecution is that accused No. 1 – Nagarbhai Maganbhai Ravat, who was serving as a Class-IV employee with the Union Postal Department, had applied for the post of Postman, for which a competitive examination was held on 10.04.1994 at T.J. High School, Mehsana City, conducted by the Post and Telegraph Department. Further, as per the case of the prosecution, accused No. 1 – Nagarbhai Maganbhai Ravat was one of the candidates, who was required to appear in the said written test for the post of Postman, and his candidature was duly recognized and confirmed by the Department. Accordingly, he was allotted Roll No.147 for the examination and permission to appear in the written test was granted and a Hall Ticket was issued in his favour by the Department.

4. Further, it is the case of the prosecution that though the written test came to be conducted on 10.04.1994 and accused No.1 was supposed to appear therein, accused Nos. 1 and 2 – Mr. Nagarbhai Maganbhai Ravat and Mr. Jagdishbhai Parmar – entered into a criminal conspiracy and in furtherance of the said conspiracy, accused No. 1 persuaded accused No. 2 to appear in the written test in his place, impersonating accused No.1. Accused No.2, in order to achieve the unlawful object, appeared in the said examination and wrote the answer-sheets as if they were written by accused No. 1.

5. As per the case of the prosecution, before the result of the said examination could be declared, one P.W. 2 – Jashvantbhai Ratilal Naik - Exh.24 submitted an application to the Post and Telegraph Department, disclosing the prosecution version and alleging that accused No.1 had not appeared in the written test held on 10.04.1994 and that, accused No. 2 had appeared on his behalf and succeeded in the said examination. Subsequently, the Department conducted an inquiry against accused No.1 and found that there was some substance in the allegations made in the said application of Jashvantbhai Ratilal