High Court Karnataka High Court

The State By P S I Hukkeri Police … vs Tayavva D/O Sri Bhimappa Kesarur on 7 July, 2009

Karnataka High Court
The State By P S I Hukkeri Police … vs Tayavva D/O Sri Bhimappa Kesarur on 7 July, 2009
Author: Jawad Rahim
IN ma men eouér or KARHATAKA

cmcurr BENCH A1' nmnwm S  ~ A'

DATED THIS mg 7" mm or     

wrong'  4
THE aoxrnm MR. Jusrmm  
cnmnm.   
wwmmv: V' V M A
1. THE swrra  _   _ 
BY P SI HUKKERI POLICvE'SFA¥I'_I()I~§, 
.   -  'V * nrmnmm
(BY SR1, 12-;«.1{1 ; .c;o:1*KmIsiD1, ~H(_1'_»S;f?) 

1' TA'&'..AVV"A    _  «
I3/0 sg1v.BH§-MAPPA-~KEsARUR
; 389 CRC}$S,' 'GOKAK FALLS
~  Maw' AT CHA.fiI.iZ).URA VELLA
TQA. HEEKKERI, EDIST. BELGAUM
"      ..  nmpomamrr
'{By«..$fi.;T-Q73 KANNUI? 65 S MAHESH)

'c;§'L.A. 911.39 U/S.3'?8(1} & (3) cmac: BY THE STATE

V. P'. ma THE $'I'A'I'E PRAYING THAT mxs HOIWBLE comm

'  MA? BE PLEASED TO GRANT LEAVE TO FILE AN APPEAL
    AGAINS'I' TEE JUDGEMENT m'.25.7.2003 PASSED BY THE
' V» ...-JMF'C., HUKKER1, IN C.C.NO.369/01 -- ACQUITTING THE

RESPONDEKT/ACCUSED FOR THE} OFFENSE PIE}/3.420,
465, 466, 468, 471, 201 R/W SEC. 34 OF IPC.

gall



THIS APPEAL comma on FOR FINAL s-:*.;:§;é;:2;'p:%c; 

BAY, THE COURT DELIVEREB THE FOLLO§§f§N(}: V  %

JUnGm£;gfi 

The State is in   éated V'

25.012003 in cc No.359/ 209-I"o:.zi !Ii€ 31¢ ofJM:?c; Hukkeri

acquitting the 1espofidé;;;t   for offences

punishable unc;,;-gr secnfm:'42£>, _4(.'6,«~f¢"53, 471, 201 R/W

Sec. 34 of    ' ' I AV
2."     P. Gotkhjndi, learned Govt.

P1eadcf :?'o1'9 the  the records. It reveals:

; 'One  Talawar lodged report before

.' V.  'Afhé  on 29.01.1999 alleging that the

 L,_.fii~sgt'v:"t:$§fi«c§j;:tivéé1z,t:'5§'ayasrva 1)} o. Bhimappa Kesamr had forged

cfziffiin Ceffiiiltgatcs for sccuxing employment in the Social

"'..,WeIfa1t,§&::part£nent of the Government He alleged, she was

"ii having not studied in any school and was confined

   domestic fife. He lmcw her and her family vczy W'8}I and

u was thus acquaizitezi with her life. Though $116 was illiterate,

she conniveé with a retired Head mastczr of Government

{/



Kannada Girls Primary School at Koujalagi to 

certain' ccrtzfica' ms to Shaw she had studied    

The complaint so submittzd .:wz:s:_ »' th¢_: '

jtxxisdictsional mag1'strate and nei%*nwed[,  "   ti_1 e: 

invcsfigafion who filed cha1~Vg»e_V:L§£1cet.  1°' . L'

respondent/1*' accused. ~-- Tayavfia.   <?;1tj'¢, bvangawa

(2nd respondent] 211′ for the chfirgcs
mferrtd abovtt .

3. –« Gangawa died and
was subjected to
trial, examined 11 Witnesses
and §;iocuments. The accused put up

fiyxfidcféince of simplicitor and also questioned veracity

.A jcaf fitatcment given by Yaznanappa Basapm

examined as PW2. She also

qiiasfi£3ficd:”‘i€Babifity of Exs.P4, P5, P6, F’? and P9.

4. The leamxzd Trial Judge accepted the contentions of

Vfthc 1″ accused that there was no clinching proof 1:9 establish

M

V

the charge for the ofiences indicated above and

1°’ accused, against which the State is in appe;-;1.- ‘ ‘

5. The learned Government

prosecution has S1lCC6SSfL111}7’3.%S’fi?§?)]iS}”1Cdg’L11$it ?1:ieA._1es_p9;’2Lden$_:t I

had studied only up 23″ uGo§¥4E:nt11_1:iet:tvvf§Kannada
Grits Primaxy Schoolv :5 “by PWS ..
Mahalingappa Shivapenafiga —“VHe also xefermd
to Exs.P10 had studied at
his in ‘ left. He relies on
Ex. — _ produced by the 1”

accusee; Welfare Department. With

referenee it is urged that 1*’ accused had

. V. epixeiueed that she had completed 7*” std. to

4vV’e3:;f;:fp}oyment, whexeas it is shown that she has

‘mm? Gmemment Kannada Girls Primary School at

Kaujaleugi. In fact in Ex.P7, the reference is ‘made to the

w$§1:iZ?iSSi€)f1 register skewing that entry S1.No.238 rekates to a

§g’r1 calied Shilpa and not the 1″ accused — Tayawa. He

submits that EXP’? has been issued on the basis of entries

in the admission regster found at Si.No.238. Ex.P’7 was a

§_/{L

concoctcd document. Since the signature of

Gangawa is found, the pmsecufiqp has tI:1at_it”.

was a forged document for thizu

employment. He submits tilaf the” >

incsriminating evidence and to the
other documents studied at
Government Kannada at Gokak. He
submits 8131; -if it shows she
had was not qualified to meet
the basic employment at Social
gtmnd, he seeks reversai of

the: judgxfienf of

V” f§Ft:”‘r1′]Ei\’?”_I’CS})(£}.&f’3IIt/ accusezd has been nofifised and is

-._ Vibday.

is an appeal against the acquittal Necessarily

V. apfiliant will have to establish the gonads convincingly

” reversal of the findings recorded by the Trial Court.

£94

8. The learned Trial Judge has; mamfiedv’ .4 V

order that the prosecufion was t*I?_. A’

establish that the 1′” actctzeedj 13′?” A.§ee§)oncieuiz§: L.

ftutherance of her common wifii No.2
Gangavva (since by
forgery at a place nea;f._ the said
wmmam Social Welfaxe
Departmentieg} Trial Judge has
rxoticedzj = Talawar, the
complaieaet the investigation commenced

was _be1atee{” V.1;1 A though the respondent was

the the complaint came to be fibd

Since the deiay in filing the xeport was

the complaint and also Em the evidenoe, the

Judge held it was fatal to the pmsecutien.

Secondly, the learned Trial Judge neiiceti that PVJ2

the complainant in his report had not named the 2″‘

VV accused, but had merely menfioned that 1°’ accused hm

conntisved with retired Head master of Government Kannada

Giris Primary School at Koujalagl In the evidence, for the

M

firs! time, he tried to improve earlier veI_fsi’u1é{

accusation against the 2″” accused. The

has also noticed that the

that the 13* accused was” >i1I_itera<1ie–A wsfi

domestic life and not seen the-. at. the V

prosecufion itself has to show
that the 1*' accused up to 21" std.
at Govemmept at Koujalagi.

The pro$gee1’§j;igifA1v’ – Smt. Neelawwa
_ and PW5 — Mahalingappa
spoken about the studies of

1′ .-leeused and had produced documents in

– Véfigch steiement That evidence was pzvdeced by

and was against the charge.

z .’ Lfhe learned Trial Jucige hekl that the &st

., afiegafiens that the rcspcmdent was flliterate shall fai} as it

=:–=V§es .€3h0xxrn that she had studied up to 2″” std. He proceeded

“en the premise that she was educated. The next chmge

raised by the prosecution was that she was not qualified to

be appointed as cook in Socia}. Welfame Department, but on

2.4;,

if

8 V.

misrepresentation that she was educated sh?

secured employment also was negated by

Judge on the basis that than-: wasizié A um ‘ ;,éti£>i1

pniscribcd to appoint a perscn as

Eepaxtment as in the year

has held the pmsecutio:-1″ prove date of
appointment of the 1;’ as in the Social

Wclfam Departs é fem, “jsosscss 1111mm’ ‘ um

vV.Gf–.thaVv;’ ‘1} g’ 73* standard. The
lcaxntfd. v ‘VV’13..q:’.i’tr£s:__i:(‘i from the over atta-m’ 11:’ g
rsijzoxds that as in the year 1999, the

dapsfifinant 4’41 std. as the basic eligibility for

.A not either 531 3111. at 7″‘ sm. Since the

71:’:a;1 faiicd to product notification of the

€}<j%'w:1:3::;t:x1.e1:1i' prescribing minimum educational standaxé fer

sash spiaoinhncnt, he held that the chargcz that he has

A' ;i11"si£:pmsented or being qualified was fake.

11. The icamcd Trial Judge also nomad that the
main acquisition against the accused to sustain charge for

offences under Section 420, , 468 was that she had

9
forged and produced Ex.P’7 before the Social Sfifeifare

Department ice secure job. But the gmsecution

EXP? from the said depaxtment omcers. The

was produced by PW8 – K. B. 0 i ‘V .

how he came to be in poseessien cf e the’

Consequently, it is held thateV’i’-here ‘zap >

was in fact submitted by the i” eccused to
the Social Welfaxe H such an
employment. ‘I’o reaee1_;1gee.,V Judge has

verified’ e\’?i§c§§enee~.’ivhic3;i_”V’siie§gvs that EX.P7 was not
found ‘_i’n’.’_ the E)epart1ne:n.t when the

invesfigafingé Vieited and none of the witnesses spake

V. euhmiited by the 1*” accused.

_ 1.9.” fact situation, the learned Trial Judge

V’3§”§}:_ee3accusation in: the complaint remained only as

ailegatieae and had not transformed into Eegal evidence to

‘V 13* accused fer ofienoe punishable under Sections

M 465, 466, 468 of IPC. M

13. The learned Government Pleader is

point out to any circumstances against the

by the iearned Sessions Judge to u

had conducted its investigation ex”

evidence placed before the the . L’

charges. in the cixeuxgnstancesgfiztxkaee that the
reasoning assigned by “i’:jza1:”;E11dge were against

the material ev;de11cev.e:; . :1feco3jdg_dr”v_thétv” the evidence on

moon} 1 the Eearhed Judge has
failffd <:'3€¥I1VSi(1¢V'f«;I':.V:»i'i_1<h}I'T'1II1I1" aspects in the evidence and

zeached ceilclusien, t'_1eV1£-"is no reason to interfere with such

also be netieed that the ofiicers ef the

Department had no yievahee against the

naecuee:3.A.:' Ne ofieial at any level in the deparment found the

éieeiimeeg if any submitted by 1" accused either forged,

or net genuine. It is only PW2 —- Yamanappa

Basappa Talwar claiming to be Social Worker lodged
complaint against 15* accused. Obviotlsly, he claimed to be

one who had first had information of the alleged forgery. '§'he

gel';/»

El

question is Why he kept quit: for 1 E yea:r§':" é:if;p<$4$cT't}i§:

respondent. Undoubtedly, it is

ccmspired action against the 1" ;f?'§Sfi}Q#1€1fiI1.t!g'_" T}1t'3

'F1131' Judge ugh' fly has noticcsi rr°co'.,

amrm the same. The a9pca1&.21asA.i 1o xéitid"is"'1;ejected.

Accordillglys the aggfigal =
Sd/-

IUDG E