JUDGMENT P. K. PATRA, J. — This appeal against acquittal preferred by the State under Section 378 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) (hereinafter referred to as the ‘Cr.P.C.' is directed against the judgment dated 26.8.1989 in Criminal Appeal No. 87 of 1988 passed by Shri D. Rama Rao, Second Addl. Sessions Judge, Cuttack acquitting the respondent (hereinafter referred to as “the accused”) of the charge under Sections 419 and 468 of the Indian Penal Code (for short ‘IPC’) reversing the judgment dated 28.6.1988 passed by Shri H. B. Das, Chief Judicial Magistrate, Cuttack in Vigilance G. R. Case No. 37 of 1982 convicting the accused of the said charge and sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000.00, in default to undergo rigorous imprisonment for a further period of three months under the first count and to undergo rigorous im¬prisonment for one year and to pay a fine of Rs. 2,000.00, in default to undergo rigorous imprisonment for a further period of four months under the second count and directing the substantive sentences to run consecutively. The accused was acquitted of the charge under Section 420, IPC. 2. The facts leading to this appeal, briefly stated are as follows : Pursuant to advertisement dated 16.4.1974 and 13.7.1974 published in two Oriya daily newspapers inviting applications from the Scheduled Castes and Scheduled Tribes candidates for three posts of Junior Motor Vehicle Inspector reserved for the S.C. and S.T. candidates under the Transport Department, the accused submitted his application on 16.7.1974 (Ext.6) along with a true copy of his caste certificate purported to have been granted by the Tahsildar, Angul dated 10.3.1973 showing that he belonged to ‘Kharwar’ caste which was in the list of Scheduled Tribes as contained in the Scheduled Castes and Scheduled Tribes Order, 1956 subsequently amended by Act 108 of 1976, so as to make himself eligible to appear at the test for one of the said posts. It is alleged that the accused in fact belonged to ‘Khadu¬ra’ caste which was not in the list of the aforesaid Order and as such he filed a forged caste certificate with a view to make himself eligible for the post. It is alleged that the accused in fact belonged to ‘Khadu¬ra’ caste which was not in the list of the aforesaid Order and as such he filed a forged caste certificate with a view to make himself eligible for the post. It is the further case of the appellant that the accused appeared in the interview conducted for the said posts and was selected as a Junior Motor Vehicle Inspector reserved for S.C. and S.T. candidates and secured first position among the three candidates selected by the Selection Board consisting of the Commissioner of Transport-cum-Chairman, S.T.A.; the Secretary to Government of Orissa, Transport Depart¬ment assisted by the Deputy Commissioner (Enforcement) and the Chief Motor Vehicle Inspector. The accused was posted in the office of the Regional Transport Officer, Sundargarh and he joined there on 15.10.1974. Thus the accused secured the appoint¬ment by producing a forged caste certificate, and thereby cheated the Government. 3. Receiving reliable information about the said forgery, one Inspector of Vigilance, attached to the Vigilance Cell at Cuttack (P.W.18) conducted a confidential enquiry and submitted a report to the Superintendent of Police (Vigilance), Central Division, Cuttack on 22.11.1982. The S.P., Vigilance registered a case and directed P.W.18 to take up investigation. During inves¬tigation P.W.18 served notice on the accused to produce the original caste certificate dated 10.3.1973, an attested true copy of which had been attached to his application for the post, but the accused failed to produce the same. After completion of investigation, P.W.18 submitted chargesheet under Sections 420/419/468, IPC and the accused stood his trial. 4. The accused pleaded not guilty to the charge and as¬serted that he had secured the job as a scheduled tribe candidate since he belonged to ‘Kharwar’ community, and that he never forged the caste certificate to secure the job. 5. Prosecution examined nineteen witnesses in all includ¬ing the I.O. in support of its case and the defence examined four witnesses in support of its plea of denial. After appreciating the materials on record, the trial Court convicted the accused as stated earlier against which the accused preferred an appeal and the appellate Court reversed the judgment of conviction. Hence, the present appeal was preferred against the appellate judgment of acquittal. 6. Learned Addl. Standing Counsel for the appellant and Shri G. Mukherjee on behalf of Shri P.K. Patnaik, learned counsel for the accused, were heard at length. Learned Addl. Hence, the present appeal was preferred against the appellate judgment of acquittal. 6. Learned Addl. Standing Counsel for the appellant and Shri G. Mukherjee on behalf of Shri P.K. Patnaik, learned counsel for the accused, were heard at length. Learned Addl. Standing Counsel strenuously urged for setting aside the judgment of the appellate Court for incorrect appreciation of the materials on record and supported the judgment of the trial Court. Shri Muk¬herjee supported the judgment of the appellate Court and contend¬ed that the findings of the appellate Court and acquittal of the accused are based on proper appreciation of evidence on record and cannot be interfered with. 7. There is no dispute that the accused submitted his application dated 16.7.1974 (Ext.6) to the Transport Commission¬er-cum-Chairman, S.T.A., Orissa in response to the advertisements dated 16.4.1974 and 13.7.1974 for three posts of Junior M.V.I. reserved for S.C. and S.T. candidates. The said application was in the handwriting of the accused himself. In Col. 8 of the application the accused mentioned that he belonged to Scheduled Tribe being ‘Kharwar’ by caste. His educational qualification was B.Sc. Engg. (Mechanical) and his date of birth was 10.10.1947, vide Ext. 6. He had attached a true copy of his caste certificate purported to have been issued by one Natabar Kar, Tahsildar, Angul on 10.3.1973, attested by the Regional Transport Officer, Dhenkanal on 25.4.1974 showing that the belonged to ‘Kharwar’ caste which was recognised as a Scheduled Tribe under the S.C. and S.T. Order of 1956. There is also no dispute that as per the S.C. and S.T. Orders, 1956 amended in 1976, ‘Kharwar’ caste is included in the list of Scheduled Tribes at Sl. 30 (Part XII to the First Schedule); whereas ‘Khadura’ caste is not in¬cluded in the said list. Therefore, the accused allegedly fur¬nished a false certificate showing him to be belonging to ‘Khar¬war’ caste which was in the list of Scheduled Tribes, though in fact he belonged to ‘Khadura’ caste which was not included in the list and he was selected for the post of a Junior M.V.I. on the basis of that forged caste certificate. At the time of his join¬ing the post, the accused did not furnish his original caste certificate before the authorities, though he was supposed to produce the same. At the time of his join¬ing the post, the accused did not furnish his original caste certificate before the authorities, though he was supposed to produce the same. Even during enquiry before registration of the case, the I.O. sent a letter dated 27.8.1982 to the accused for production of the original caste certificate dated 10.3.1973 for the purpose of verification, but the accused replied vide his letter dated 2.9.1982 (Ext.37) that the original caste certifi¬cate had been misplaced and was not available with him. P.W.10 Natabar Kar, who was the Tahsildar, Angul has denied to have granted any caste certificate on 10.3.1973 in favour of the accused since he was not the Tahsildar of Angul on that date and that he served as Tahsildar of Angul during the period from 1967 to 1969. Ext. 36 is the reply of the Tahsildar, Angul stating that Natabar Kar (P.W.10) was serving as Tahsildar, Angul from 2.4.1967 to 4.1.1969. Hence the question of granting caste cer¬tificate in favour of the accused on 10.3.1973 did not arise. P.W.19, D. Kanungo, who was serving as R.T.O., Dhenkanal and who allegedly attested the true copy of the caste certificate dated 10.3.1973 (marked ‘Z’ for identification) on 25.4.1974 has denied to have attested the same and has also stated that the signature (Ext.39) purported to have been put by the R.T.O., Dhenkanal was not his. During the course of trial which prolonged for a period of about three years, the accused did not produce the original caste certificate. In the above background it is to be considered whether the accused committed forgery for the purpose of cheating and securing a job of Junior M.V.I. After discussing in detail, the evidence on record the Hon’ble Court held : 16. Receipt of scholarship/stipend by the accused as a member of scheduled tribe cannot lead to the conclusion that he was ‘Kharwar’ by caste. The availability of the forwarding letter (Ext. Receipt of scholarship/stipend by the accused as a member of scheduled tribe cannot lead to the conclusion that he was ‘Kharwar’ by caste. The availability of the forwarding letter (Ext. C./1) along with the statement (Ext.C) in the office of the Headmaster of the School raises grave doubt since Ext.C/1 being the original letter addressed to the District Welfare Officer, in normal course should have been available in the office of the D.W.O. That apart, Ext.C does not bear the seal of the Headmaster of the School which is available on Ext.C/1 containing the names of thirty one students recommended for award of stipend, which is not in consonance with the Acquittance Roll (Ext.D) maintained by the School wherein, vide Ext.D/1 the names of the eleven students belonging to scheduled tribes and eighteen students belonging to scheduled castes have been mentioned. There is no mention of one name of ‘C.B.C.’ student, which finds place in Ext.C. This leads to the conclusion that Exts. C and C/1 have been subsequently prepared for the purpose of this case. Had these documents been produced by the District Welfare Officer, the consideration might have been otherwise. Therefore, Exts. C. and C/1 having been produced from the custody of the Headmaster of the M.E. School, the same cannot be relied upon. 17. This is an unfortunate case in which the appointing authorities placing reliance on a false caste certificate furnished by the accused appointed him to the post of Junior M.V.I. without requiring him to furnish the original caste cer¬tificate before he joined the service. Had he been asked to furnish the original caste certificate along with the certificate regarding his health from the medical officer, two character certificates and other documents as mentioned in the appointment order (Ext.9), the accused could not have joined the service. Subsequently also nobody bothered to ask for the original caste certificate of the accused to be kept on record, as a result of which the accused continued in service for about eight years and drew salary. 18. Subsequently also nobody bothered to ask for the original caste certificate of the accused to be kept on record, as a result of which the accused continued in service for about eight years and drew salary. 18. As discussed earlier, had the accused procured the caste certificate granted by the Tahsildar, Angul on 10.3.1973, showing him to be ‘Kharwar’ by caste, he would not have hesitated to produce the original caste certificate at the time of his interview or at the time of his joining the service, or subse¬quent thereto, or when he was required to produce the same before the investigating officer, or during the trial in Court. He having failed to do so, and P.W.10 having denied to have granted any caste certificate in favour of the accused, and P.W.19 having specifically denied to have attested the true copy of the caste certificate dated 10.3.1973, the inevitable conclusion will be that the accused had falsified the document relating to his caste and had secured the appointment as Junior M.V.I. by cheating the authorities. As discussed earlier, the oral and documentary evi¬dence adduced in support of the prosecution case does not suffer from infirmities and incongruities and are found to be trustwor¬thy and reliable. Therefore, the inevitable conclusion would be that the prosecution has been able to establish its case by leading cogent, convincing, consistent and unimpeachable evidence that the accused belonged to ‘Khadura’ caste and not ‘Kharwar’ caste and by producing a false caste certificate he secured the job of Junior M.V.I., reserved for S.C. and S.T. candidates, and thereby committed offences under Sections 419 and 468, IPC. 19. The documentary and oral evidence in support of the defence plea cannot be given any credence for the reasons dis¬cussed earlier, and the defence plea that the original caste certificate issued in favour of the accused was misplaced cannot be believed to be true. Had the caste certificate been lost or misplaced, the accused after joining the service as a Junior M.V.I. under Government of Orissa would have been wise enough to procure a duplicate caste certificate from the authority who granted the same and could have produced the same for verifica¬tion, even at the stage of trial. The belated attempt to procure a caste certificate (Ext.H) from D.W.4 in Misc. The belated attempt to procure a caste certificate (Ext.H) from D.W.4 in Misc. Case No. 358 of 1980, which was on the application of the accused, has become futile in view of the earlier report of P.W.7, vide Ext. 11, and hence no weightage can be given to Ext.H. As per the defence case, the accused was in possession of a caste certificate dated 10.3.1968 (Ext.E) granted by the Tahsildar, Angul, Shri Natabar Kar (P.W.10). Had he really possessed the same at the time of his submission of application for the post of Junior M.V.I., there was no necessity of obtaining another caste certif¬icate dated 10.3.1973, or the subsequent caste certificate (Ext.H) dated 2.12.1980 granted by the S.D.O. (D.W.4), who in fact was not the proper authority to grant caste certificate. A Tahsildar is the proper authority to grant caste certificate in favour of a person after due enquiry by the Revenue Inspector. Thus, Exts.E and H are of no avail to the defence. 20. The learned Second Addl. Sessions Judge has failed to appreciate the evidence on record in its proper perspective and has passed the cryptic judgment setting aside the findings of the trial Court, who in a well discussed judgment has correctly appreciated the evidence on record. In para-10 of the appellate judgment, the learned Second Addl. Sessions Judge has criticised the finding of the trial Court regarding rejection of the enquiry report (Ext.J) submitted by D.W.4. In view of the discussions made earlier, the view expressed by the learned Second Addl. Sessions Judge regarding the high calibre, integrity and impartiality of D.W.4 was uncalled for and cannot be sustained. The trial Court correctly appreciated the evidence on record and rightly rejected the enquiry report (Ext.J) submitted by D.W.4 which cannot be interfered with. The views expressed by the learned Second Addl. Sessions Judge regarding D.W.4 are misconceived and without any basis and are glaring revelation of incorrect appreciation of facts by him which cannot be sustained. Accordingly, the observa¬tion made by the Second Addl. Sessions Judge in para-10 of his judgment is required to be expunged and is done so. 21. The facts and circumstances of the case reported in AIR 1965 SC 333 (K. Krishnamurty. v. State of Andhra Pradesh) are similar to the facts and circumstances of the present case. Accordingly, the observa¬tion made by the Second Addl. Sessions Judge in para-10 of his judgment is required to be expunged and is done so. 21. The facts and circumstances of the case reported in AIR 1965 SC 333 (K. Krishnamurty. v. State of Andhra Pradesh) are similar to the facts and circumstances of the present case. In that case, Government appointed the appellant (accused) to a post in its Medical Services on being induced by deception that he was fully qualified for the appointment. In consequence of the ap¬pointment, Government had to pay him salary which fell due. Observing that the appellant had, deceiving Government dishonest¬ly induced to deliver property to him, it was held that the appellant (accused) committed the offence of cheating under Section 415, IPC and since he had impersonated another person to secure the job, his conviction under Section 419, IPC was main¬tained. In the case at hand, the accused produced a false caste certificate and secured the job of a Junior M.V.I. and served as such for a period of about eight years till detection of the fraud and thereby deceived Government and dishonestly induced to disburse him salary and thus committed the offence of cheating under Section 415, IPC, punishable under Section 419, IPC. Not only that, the accused produced a false caste certificate to secure the job and thereby committed the offence punishable under Sec¬tion 468, IPC. The trial Court correctly appreciated the evidence on record and having come to the right conclusion, convicted the accused under Sections 419 and 468, IPC and sentenced him to var¬ious terms of imprisonment and fine. Therefore, the judgment dated 26.8.1989 passed by the Second Addl. Sessions Judge, Cut¬tack in Criminal Appeal No. 87 of 1988 setting aside the convic¬tion and sentence of the accused under Sections 419 and 468, IPC cannot be legally sustained and is bound to be set aside and the judgment of the trial Court i.e. the judgment dated 28.6.1988 passed by the Chief Judicial Magistrate, Cuttack in Vigilance G. R. Case No. 37 of 1982 convicting the accused under Sections 419 and 468, IPC and sentencing him to undergo R.I. for six months and to pay a fine of Rs. 1000/- in default to undergo further R.I. for three months under the first count, and to undergo R.I. for one year and to pay a fine of Rs.2000/- in default to undergo further R.I. for four months under the second count, and direct¬ing the substantive sentences to run consecutively is to be restored and confirmed. 22. Regarding the sentence passed against the accused, it can be said that it is on the side of leniency and warrants no interference. It is well settled that whoever pollutes justice by deliberately mutilating truth for his own interest, deserves no leniency. Notwithstanding the protracted trial of the case and disposal of the appeal, it will not be expedient to show leniency to the accused in a case of this nature. Since no notice of en¬hancement of sentence has been issued to the accused, the sen¬tence imposed cannot be enhanced. Accordingly, the same is main¬tained. 23. In the result, Government Appeal No. 17 of 1990 is allowed. The judgment of the Second Addl. Sessions Judge, Cuttack dated 26.8.1989 passed in Criminal Appeal No. 87 of 1988 is set aside and the judgment dated 28.6.1988 passed by the Chief Judi¬cial Magistrate, Cuttack in Vigilance G.R. Case No. 37 of 1982 convicting the accused under Sections 419 and 468, IPC and sen¬tencing him to various terms of imprisonment and fine as stated above is restored and confirmed. The respondent (accused) is directed to surrender to bail and serve out the sentence. Appeal allowed.