IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. A. No. 171-SBA of 1997
Date of Decision: 12.11.2008
***
State of Punjab
.. Appellant
Vs.
Harbhajan Singh & others
.. Respondents.
CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR
Present:- Mr. B.S.Sra, DAG Punjab
None for the respondents.
…
ARVIND KUMAR, J:
The present appeal is by the State of Punjab against the
judgment dated 22.7.1996 passed by the Judicial Magistrate I Class,
Pathankot, by dint of which the respondents-accused have been acquitted of
the charges under Sections 420, 467, 468 and 471 IPC.
The facts relevant are that on 18.7.1988, a written complaint
was made by S.S.Passi Deputy State Employment Officer, Amritsar (Camp
Gurdaspur) to the Senior Superintendent of Police, Gurdaspur, stating
therein that an interview was arranged for the selection of Beldars at R.S.D.
Shahpur Kandi on 30.6.1988. As per the instructions of the department, the
vacancies were to be filled through interview from amongst the candidates
mentioned in Annexures A & B supplied by Employment Exchange
Gurdaspur and Batala respectively. The Organisers expressed their doubt
regarding the veracity of the lists supplied by the exchanges and, therefore,
they sent their representative to the Employment Exchanges for verification.
On verification, it came to notice that the lists received at the Dam were
tampered with and a number of names were included therein by forgery. On
instructions from the complainant, the Employment Officer, Gurdaspur
along with his office Superintendent and Assistant of the office of
Employment Officer Batala reached Shahpur Kandi for investigation and
the factum regarding receipt of bogus lists was found to be true. The
Investigating Officer took in custody certain interview cards of the
candidates, which bore forged signatures. The statements of the said
Crl. A. No. 171-SBA of 1997 -2-
candidates were recorded in which they disclosed that they had purchased
the interview cards for a sum ranging between Rs.500/- to Rs.700/-. A
separate annexure giving the names and details was also appended District
Employment Officer, Gurdaspur brought all the aforesaid facts to the
notice of the Director, Employment Department, Punjab, who directed him
to lodge an FIR in this connection. Thereafter, on the basis of afore-stated
complaint a case under Sections 420, 467, 468 and 471 IPC was registered
against the respondents-accused. On completion of investigation, the
accused were challaned. On being charge-sheeted under the afore-stated
Sections, by the Judicial Magistrate I Class, Pathankot, the respondents-
accused pleaded not guilty and claimed trial. During the trial, the
prosecution produced as many as 23 witnesses in all. Thereafter, the
incriminating material was put to the respondents-accused when their
statement under Section 313 Cr.P.C. was recorded. They denied all of them
and pleaded false implication. No evidence in defence was led by them.
After hearing the learned Public Prosecutor as well as learned
defence counsel, the trial court came to the conclusion that the material
produced on the record by the prosecution does not inspire confidence,
connecting the accused with the alleged commission of crime and
accordingly acquitted the respondents. Hence, this appeal by the State of
Punjab.
I have heard learned State counsel and have also gone through
the record. No one has put in appearance on behalf of the respondents.
The learned trial Court while acquitting the accused-
respondents observed that if the prosecution witnesses had paid money to
accused Bishan Dass and other accused as bribe to get issued the interview
cards, then they themselves are the accomplice and the statements of such
accomplice could not be believed as per Section 114(b) of the Indian
Evidence Act which provides that an accomplice is unworthy of credit
unless he is corroborated in material particulars. Trial Court found that the
original interview cards alleged to be forged one, were never taken into
possession by the Investigating Officer and even in the preliminary enquiry,
no effort was made to recover the said interview cards, which was the
primary evidence and the same having not been produced in Court, it could
not be held that the respondents-accused had forged the interview cards.
Crl. A. No. 171-SBA of 1997 -3-
Moreover, accused Hardit Singh had made disclosure statement, Exhibit
PW 14/A but still, no effort was made to collect evidence regarding the
printing press from where the said cards were got printed and at whose
instance the same were got printed. Trial Court also observed that the
report of the Inquiry Officer in the preliminary enquiry does not inspire
confidence being hearsay evidence as the accused-respondents were never
joined in the same. More so, the departmental enquiry could not be made
the basis for recording conviction in a criminal case, though it may be
treated as supporting evidence. Trial Court further observed that the
prosecution witnesses who allegedly paid money to accused Bishan Dass
were not entered with the Employment Exchange. The High Court ought not
to interfere with the order of acquittal unless the judgment of acquittal is
perverse or highly unreasonable. In the instant case, the judgment of
acquittal rendered by Judicial Magistrate I Class, Pathankot, is neither
perverse nor unreasonable and it cannot be said that the trial court based its
findings on irrelevant or inadmissible evidence. In the circumstances, this
Court is not inclined to grant leave asked for and the application is
accordingly dismissed.
(ARVIND KUMAR)
JUDGE
November 12, 2008
JS