Excelsior Correspondent
JAMMU, May 25: Chief Judicial Magistrate (CJM) Ramban Rajesh Kumar ID Abrol has acquitted three persons of the cheating charges as the prosecution failed to prove its case.
The brief facts of the case are that on November 1, 2010 a written report was received in Police Station Banihal alleging that accused Ghulam Mohd had produced a provisional certificate at the time of recruitment in the Department of Police that he passed matriculation in March 1969 and the certificate was issued by Udham Singh, the then Incharge Headmaster of Government Higher Secondary School, Pogal.
In the certificate, date of birth was reflected as January 12, 1952 whereas as per the school record and record received from the office of J&K Board of School Education, his actual date of birth was January 12, 1950.
During investigation, the investigating agency besides other legal formalities also got genuineness of the documents verified after obtaining the question signatures and admitted signatures of the concerned from the J&K Forensic Science Laboratory, Srinagar.
The investigating agency established that accused Ghulam Mohd got his date of birth certificate forged to cheat the Government and concerned authorities. After completion of investigation, challan was presented in the court of law.
After hearing Public Prosecutor and counsels for the accused persons, CJM Ramban observed, “prosecution has examined several witnesses but none of them supported the police challan against the accused persons”, adding “the accused Ghulam Mohd has already expired while as amongst the other two accused one is headmaster and another is teacher and they have also retired from the service at this stage”.
“The perusal of the file shows that the witnesses recorded in this case have not stated any incriminating material against the accused persons with regard to the commission of offences under Section 420, 466, 468 and 471 RPC”, the CJM observed, adding “prosecution has failed to connect the accused persons with the commission of offences beyond any shadow of doubt”.
With these observations, the court acquitted the accused of the charges and dismissed the challan.