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Got job on fake claims, court asks to serve in jail
6 yrs rigorous imprisonment for fake OBC certificates
10/17/2008 10:24:26 PM
EARLY TIMES REPORT
JAMMU, Oct 17: Chief Judicial Magistrate Jammu YP Bourney today awarded six years rigorous imprisonment and fine Rs 3000 to Raman Kumar son of Shanti Lal resident of Subash Nagar Jammu for securing employment in MES on fake OBC certificate which was issued on May 20, 1995.
According to the CBI case the accused secured employment in MES in October 1999 for which he was otherwise ineligible. During the verification of the OBC certificate Tehsildar RS Pura Surinder Gupta and Girdawar Major Singh Incharge OBC issued a false report vide their letter dated November 27, 1999 mentioning that the said certificate was a genuine one. The investigation further revealed that the signatures and seal on the said certificate were fake and forged and were not that of Ajit Singh Jasrotia the then Tehsildar RS Pura, as such accused had committed offence u/s 420, 468, 471 and 120-B RPC. After completion of the investigation CBI presented challan in the Court on March 20, 2002 and the accused was charged for the commission of offences u/s 420, 468, 471 RPC on April 21, 2005.
CJM, after hearing Senior PP SK Bhat appearing for the CBI, observed that from the evidence and documents as well as the opinion of the expert produced by the prosecution, it is clearly established that accused Raman Kumar managed a fake and forged OBC certificate, used it as genuine one for cheating the department as well as the aspirants and secured a job in the MES and subsequently managed a false report dated November 27, 1999. It is also reflects that accused and officials were hand in glove and enjoyed the confidence of each other, otherwise they would not have come to his rescue which is sufficient circumstances to reflect the conspiracy between them. It is clearly established from the evidence that accused by practicing deception induced the army authorities to issue him appointment order and thereby caused harm to their reputation in the estimation of rightful claimants and as such all the ingredients of offence u/s 420 RPC are established. Accused further fraudulently and dishonestly used the forged certificate as genuine one knowingly and such the requirements of offence u/s 471 RPC are also there. It has been further shown that accused after entering into conspiracy with some undisclosed persons committed forgery and then used the forged certificate for the purpose of cheating. The requirements of offence u/s 468 RPC are also established. Thus the prosecution has established the offences for which the accused has been charged.
While awarding sentence CJM further observed that the Court is of the view that accused does not deserve extreme penalty and deserves some sought of leniency in his favour because of his age and circumstances even though he has shown remorse for his conduct. He is sentenced to rigorous imprisonment for two years u/s 420 RPC, 3 years RI u/s 468 RPC and 1 years RI u/s 471 RPC and fine Rs 1000 for each of these offences. All the sentences shall run concurrently, the court ordered. JNF
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