Full Judgment Text
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CASE NO.:
Appeal (crl.) 1104 2000
PETITIONER:
TULSIBHAI JIVABHAI CHANGANI
Vs.
RESPONDENT:
STATE OF GUJARAT
DATE OF JUDGMENT: 12/12/2000
BENCH:
M.B.Saha, S.N.Variava
JUDGMENT:
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J U D G M E N T
S. N. VARIAVA, J.
Leave granted. This Appeal is against an Order dated
29th August, 2000. Briefly stated the facts are as follows:
On 9th September, 1996 the Appellant has been convicted and
sentenced for offences under Sections 198, 420 and 471
I.P.C. on the ground that he knew that a Marksheet produced
by him was false and still he used that Marksheet for
gaining admission to Polytechnic Course in 1986. The trial
court whilst convicting the Appellant has noted that it was
not proved that the Marksheet had been forged by the
Appellant. The trial court, however, held that there was a
possibility that the Appellant had either himself or through
somebody else got the Marksheet amended. The trial Court
found that the Appellant was aware that this was not the
correct Marksheet and had still used it to gain admission.
The trial Court, therefore, convicted the Appellant as set
out above. The Sessions Court dismissed the Appeal of the
Appellant. A Revision was filed before the High Court of
Gujarat. The High Court by the impugned Judgment refused to
interfere. It dismissed the Revision. Hence this Appeal.
We have heard the parties. In our view it has been proved
beyond a reasonable doubt that the Appellant used the
duplicate certificate with changes, as a true certificate
knowing it to be false in material particular and thereby
got admission. Therefore we see no reason to interfere with
the conviction. However looking to the nature of the
offence and the fact that the Appellant’s past and present
records has been good and the fact that he has already lost
his career and is now married we reduce the sentence to that
already under gone. The Appellant shall be set at liberty
forthwith if not required in any other case.
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