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HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Case No. CRAA No. 19/2007

Reserved on: - 20.12.2025

Pronounced on: - 23.12.2025

Uploaded on: - 24.12.2025

Whether the operative part or full

judgment is pronounced: _Full

State of Jammu and Kashmir …. Appellant(s)

Through: - Mr. Mohsin Qadri, Sr. AAG with

Ms. Maha Majeed, Assisting Counsel

V/s

Shamas Ul Nissa …. Respondent(s)

Through: - Ms Rehana Fayaz, Advocate vice

Mr. Z. A. Qureshi, Sr. Advocate

CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE

JUDGMENT

01. The present acquittal appeal is directed against the judgment dated

30.08.2007 passed by the Court of the 3rd Additional Sessions Judge

Srinagar (the trial court) arising out of FIR No. 29/1994 registered at

Police Station Crime Branch, Srinagar, whereby the respondent, who had

been tried for offences under Sections 420, 468 and 471 RPC, was

acquitted of all the charges.

02. Before entering into the merits of the appeal, it is necessary to

briefly recapitulate the facts leading to the present proceedings. In the

Mohammad Yasee n Dar

I attest to the accuracy and

authenticity of this

document

year 1994, the Crime Branch, Srinagar received a complaint alleging that

the respondent had secured admission in the MBBS course for the

academic session 1993–1994 on the basis of a fake and forged backward

area certificate, despite not being a resident of any backward area and,

therefore, being ineligible for such benefit. Upon receipt of the said

complaint, a preliminary enquiry was conducted, followed by registration

of FIR No. 29/1994 under Sections 420, 468 and 471 RPC. After

completion of investigation, a charge-sheet was presented before the trial

court. Initially, charges were framed under Sections 468, 471 and 420

RPC; however, by order dated 28.07.1999, this Court set aside the charge

under Section 468 RPC and remanded the matter for framing of charges

under Sections 420 and 471 RPC alone.

03. In order to establish its case, the prosecution examined as many as

eighteen witnesses. PW Sheikh Muneer Ahmad, then Tehsildar

Chadoora, denied having any personal knowledge regarding issuance of

the backward area certificate but stated that the Crime Branch had sought

the relevant record vide letter dated 23.03.1993. PW Abdul Gaffar Dar

deposed that while posted in Tehsil Office Chadoora in 1994, he was

asked to verify the validity of the certificate, and upon examination of the

record, it was found that no such certificate had been issued in favour of

the respondent, which fact was reported to the Tehsildar. PW Abdul

Majid Khan, Junior Assistant in the office of Deputy Commissioner

Budgam, stated that a photocopy of a backward certificate bearing a

particular number was shown to him and that the original register was

Mohammad Yasee n Dar

I attest to the accuracy and

authenticity of this

document

produced before the Crime Branch for photocopying, though he could not

recall in whose name the certificate had been issued. PW Abdul Aziz Sofi

also stated that the register was produced and photocopied by the Crime

Branch but professed complete ignorance regarding issuance of the

certificate. PW Rajinder Singh spoke about seizure of a photocopy of the

backward certificate and the issuance register. PW Mohammad Ayub,

Head Constable, stated that he handed over an enquiry file to the Crime

Branch but had no knowledge of its outcome. PW Ghulam Mohammad

Gujree stated that specimen signatures of one Abdul Qadir were obtained,

who had never worked in the DC Office Budgam. PW Mohammad

Hussain Dar deposed about production of the dispatch register before the

Crime Branch. PW Abdul Hamid Bhat stated that while working as

Stenographer in Medical College, he provided a copy of the respondent’s

certificate to the Crime Branch on the directions of the Registrar, though

he was unaware of its contents.

04. PW Abdul Qadir, former Deputy Commissioner Budgam

stated that he had retired on 31.12.1993 and could not say whether the

PRC issued in favour of the respondent was valid or who had signed the

cer