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Crl.M.P.No.2127 of 2020

in Crl.A.SR.No.6663 of 2020

M. NIRMAL KUMAR.J,

This Criminal Appeal has been filed by the State, Inspector of Police,

District Crime Branch, Tiruvarur with a delay of 1030 days against the

judgment passed in C.A.No.42 of 2015 by the District and Sessions Court,

Tiruvarur dated 18.01.2017.

2. The petitioner herein /State had registered a case against the

respondent in Crime No.6 of 2007 for offences under Section 420, 464, 465

and 471 of IPC on 02.08.2007. Thereafter on completion of investigation had

filed a charge sheet before the learned Judicial Magistrate, Thiruvarur in

C.C.No.914 of 2008. During trial PW1 to PW10 were examined, Ex.P.1 to

Ex.P.25 were marked. On the side of defence no witnesses were examined

and no documents marked. On completion of trial, the trial Court convicted

the respondent for offences under Section 420 of IPC and sentenced to

undergo S.I for a period of one year and shall pay fine of Rs.500/- i/d S.I. for

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a period of two months and for offence under Section 465 r/w 468 sentenced

to undergo S.I. for a period of one year and shall pay fine of Rs.500 i/d S.I.

for a period of two months. Aggrieved against the same the respondent filed

an appeal before the District and Sessions Court, Tiruvarur in C.A.No.42 of

2015. The trial Court by judgement dated 18.01.2017 allowed the appeal and

acquited the respondent. Against which the State filed this appeal with a

delay of 1030 days.

3. The brief facts of the case is that the respondent/Kasinathan has

completed his 8^th standard education and if he completes 10^th standard he is

entitled to get promoted as Junior Assistant in District Rural Development

Office, Thiruvarur. Hence, he wrote 10^th exam for four times as private

candidate between the year 1993 to 1995 for getting promoted. In all the four

attempts he failed in Maths subject. For the October 1995 exam conducted by

the Tamil Nadu State Board of School Exams he was issued hall ticket in

Reg.No.495256 and he wrote exam at National Higher Secondary School,

Nagapattinam. Thereafter the respondent produced an original mark sheet in

Sl.No.AA3595646 in his office informing that he had received the same from

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the Tamil Nadu State Board of School Exams Department. In the said

marksheet it is mentioned that the respondent has obtained 49 marks in Maths

subject and the same was sent to the District Collector, Tiruvarur District,

who forwarded the same to the Board of Exams for verification. The

Secretary, Board of School Exams on perusal of the documents and register

intimated through her report dated 14.08.2006 that the said marksheet is a

forged document, the mark obtained by the respondent is only 09 marks

which has been corrected as 49 marks. Hence a case has been registered

against the respondent by the petitioner/State in Crime No.6 of 2007. The

respondent having knowledge that the marksheet is a forged one has

produced the same to cheat the Government and obtain promotion and hence

he has committed offence under Sections 420, 465r/w 468 of IPC.

4. After completion of investigation, charge sheet was filed and the

same was taken by the Judicial Magistrate Court, Thiruvarur in C.C.No.914

of 2008. The trial Court examined the witnesses as stated above and on the

evidence and materials convicted the respondent. Thereafter the respondent

had preferred an appeal in C.A.No.42 of 2015 before the District and

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Sessions Court, Thiruvarur and by judgment dated 18.01.2017 allowed the

appeal by acquitting the respondent. Hence the present appeal.

5. The contention of the petitioner/State is that C.A.No.42 of 2015

judgment was delivered by the District and Sessions Court, Tiruvarur on

18.01.2017 and the certified copy of the above said judgment was applied on

07.03.2017 and the same was obtained on 08.03.2017. After obtaining

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