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Court awards rigorous imprisonment in change of DOB
2/21/2012 11:14:02 PM
early times report
Jammu, Feb 21: Additi-onal Sessions Judge Udha-mpur MK Sharma today awarded one month rigorous imprisonment to Prem Nath for use forged document of Date Birth as genuine and taken benefit of employment at cost of some genuine and deserving candidate, by this way he cheated Govt functionaries.
According to the police case Prem Nath is an employee of the state working in Mechanical Division Udhampur as Roller Atten-dant. He was earlier enga-ged as a daily wager and subsequently came to be regularized. At the time of his regularization as permanent employee, the accused Prem Nath produced a school leaving certificate issued by Govt. Middle School Garnai as proof of age / date of birth. As per school leaving certificate produced by the accused Prem Nath, his date of birth is 25.7.1955 and same has accordingly been reflected in the service book of the accused Prem Nath. PW-4 Bhagwan Singh cousin brother of the accused Prem Nath made a written complaint to Deputy Commissioner Udhampur on 12.9.2005 stating therein that date of birth of accused Prem nath is 20.4.1944 who should have retired from Govt. Service but he is still continuing in service causing loss to the state exchequer .On the basis of this complaint preliminary enq-uiry was conducted by police of police station Rehmbal and thereafter FIR No.57/2006 for the commission of offences punishable under section 420/467/468/ 471 RPC was registered in police station Udhampur and the investigation was entrusted to PW 17 Sh. Ishar Dass Verma S.I. During investigation it was found that the accused Prem Nath and one Bodh Raj son of Kirpa Ram R/O Mand Tikri Tehsil and District Udham-pur with common intention made this false documents of school leaving certificate depicted the date of birth of accused Prem Nath as 25.7.1955. The accused Bodh Raj against whom offence u/s 467/468/RPC were proved during the investigation had died before the presentation of the charge sheet, so the charge sheet was filed against the accused Prem Nath only.
While awarding sentence, the court after hearing the parties observed that accused is the first offender and has been facing the trial for the last six years u/s Section 471 RPC provides that using as genuine if forged document shall be punished in the same manner as if he had forged such document. Section 465 RPC provides punishment for forgery which may extend to two years or with fine or with both. With these observations Court awarded one month rigorous imprisonment. JNF
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