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2000 DIGILAW 566 (ORI)

Tulsibhai Jivabhai Changani v. State of Gujarat

2000-12-12

M.B.SHAH, S.N.VARIAVA

body2000
JUDGMENT S. N. VARIAVA, J. — Leave granted. 2. This appeal is against an order dated 29.8.2000. 3. Briefly stated the facts are as follows : On 9.9.1996 the appellant has been convicted and sentenced for offences under Secs. 198, 420 and 471, IPC on the ground that he knew that a mark-sheet produced by him was false and still he used that mark-sheet for gaining admission to polytechnic course in 1986. The trial Court whilst convicting the appellant has noted that it was not proved that the mark-sheet had been forged by the appellant. The trial Court, however, held that there was a possibility that the appellant had either himself or through somebody else got the mark-sheet amended. The trial Court found that the appellant was aware that this was not the correct mark-sheet and had still used it to gain admission. The trial Court, therefore, convicted the appellant as set out above. The Sessions Court dismissed the appeal of the appellant. A revision was filed before the High Court of Gujarat. The High Court by the impugned judgment refused to interfere. It dismissed the revi¬sion. Hence this appeal. 4. We have heard the parties. In our view it has been proved beyond a reasonable doubt that the appellant used the duplicate certificate with changes, as a true certificate knowing it to be false in material particular and thereby got admission. Therefore we see no reason to interfere with the conviction. However, looking to the nature of the offence and the fact that the appellant’s past and present records have been good and the fact that he has already lost his career and is now married, we reduce the sentence to that already undergone. The appellant shall be set at liberty forthwith if not required in any other case. 5. The appeal stands disposed of accordingly. Appeal disposed of.