IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

th

ON THE 24 OF SEPTEMBER, 2025 CRIMINAL APPEAL No. 7879 of 2022 THE STATE OF MADHYA PRADESH Versus SWATI PRIYADARSHNI @ SUNITA Appearance:

Shri Dayaram Vishwakarma - Public Prosecutor for appellant/State.

ORDER This appeal under Section 378 of the Code of Criminal Procedure, 1973 has been filed by the State assailing the judgment and order of acquittal dated 10.03.2020 passed in Sessions Trial No.200128 of 2016 by the learned First Additional Sessions Judge, Bhopal whereby respondent/accused has been acquitted of the offences under Sections 420, 468, 471 and 201 of the Indian Penal Code.

2. The case of the prosecution, in brief, is that on 20.09.2014, a First Information Report was lodged against respondent/accused, Swati Priyadarshini, at Police Station Koh-E-Fiza, Bhopal. It was stated therein that, in compliance with the letter dated 19.09.2014 issued by the Superintendent of Police, North Zone, the matter was examined and the statement of the complainant, Pradeep Khandelwal, was recorded. He has stated that in August, 2014, he had visited the District Education Center, Old Secretariat, Bhopal, for some urgent official work. During the course of his duties, he came across certain documents. Upon inspection of the domicile Signature Not Verified Signed by: TAJAMMUL certificate annexed thereto, he noticed that the office mentioned on the certificate was shown as the District President’s Office, Bhopal, whereas the issuer’s name was recorded as Naib Tehsildar, Nazul, Bhopal. Observing this contradiction, the complainant submitted an application under the Right to Information Act before the Sub Divisional Magistrate, T.T. Nagar, seeking a certified copy of the said domicile certificate. In response, vide letter No. 36 dated 21.07.2014, he was informed that in the Dayra Register of the year 2004, domicile certificates were issued from Serial No. 1 to 1922. However, the alleged certificate contained Serial No. 9428, dated 22.07.2004, which was found to be fabricated and not a valid domicile certificate. On the basis of the complaint and with the approval of the Collector, the Additional District Collector directed the Sub Disivional Magistrate, T.T. Nagar, to lodge an FIR. Consequently, Crime No. 487/2014 was registered at Police Station Koh-E-Fiza, Bhopal against the accused. During investigation, statements of witnesses were recorded, and accused Swati Priyadarshini @ Sunita was arrested. After completion of investigation, a charge-sheet was filed before the Court of Judicial Magistrate First Class, Bhopal, from where the case was committed to the Court of Sessions Judge.

3. The accused/respondent abjured his guilt and pleaded complete innocence and she claimed to be tried. In her defence she did not choose to examine any witness. Statements of the witnesses were recorded.

4. In order to bring home the charges, the prosecution has examined as many as 16 witnesses, namely, Pradeep Khandelwal (PW-1), Mukarram (PW-2), G.S. Dhurve (PW-3), the then District Project Coordinator Mo.

Signature Not Verified Signed by: TAJAMMUL Intekhab (PW-4), the then Tehsildar Archana Sharma (PW-5), the then Additional District Collector Basant Kurre (PW-6), Baba @ Mukesh Raikwar (PW-7), Yogendra Gupta (PW-8), the then Station House Officer of Mahila Thana, Bhopal Renu Murab (PW-9), Sub Inspector Narendra Belvanshi (PW-10), the then In-charge District Project Coordinator Seema Gupta (PW-11), Inspector Kamal Tandiya (PW-12), Additional State Examiner Rituraj Gupta (PW-13), C.U. Rai (PW-14), Inspector Pragya Arya (PW-15) and Jyoti Kedar (PW-16).

5. Learned trial Court after recording of evidence of both the parties acquitted the respondent/accused hence, this appeal.

6. It is submitted by learned counsel for the appellant that the prosecution has adduced all available material and the best possible evidence, including the testimony of the fingerprint expert, who compa