A court here today sentenced a government official to one year imprisonment for issuing a fake certificate to a student against bribe in 2001. Special Judge Anti Corruption Court Kashmir, R N Watal convicted Mushtaq Ahmad Zargar, an official of Board of School Education, for cheating a girl by issuing her a fake certificate against bribe.
While the court awarded one year simple imprisonment to the official under Prevention of Corruption Act, it sentenced the accused under RPC to undergo an imprisonment of six months for cheating and an imprisonment of one year for using as genuine a forged document.
The court also imposed fine on the accused.
The court observed that the prosecution has succeeded in proving its charge that accused abused his position as public servant by demanding and accepting bribe of Rs 6000 as illegal gratification from a girl student for issuing her a 10th class marks card fraudulently and deceitfully which proved to be fake and forged eventually.
“Thus, all ingredients of offences for which accused was charged are squarely met. He is, therefore, convicted accordingly for the commission of offence as defined u/s 5(1)(d) and made punishable u/s 5(2) P.C. Act and section 420,471 and 468 of RPC,” the court said, observing all the sentences shall run concurrently.
The court however said in default of payment of fine, the convict shall further undergo simple imprisonment for two months under Prevention of Corruption Act, for one month under section 420, for one month under section 471 and for two months under section 468 of RPC.
The court observed that due to deceitful and fraudulent criminal act of the accused for issuing fake and forged 10th class marks card to the girl student who got admission in PUC class and after passing the same got admission in 12th class and thereafter her admission was cancelled.
“When the marks card issued to her by accused was found to be forged on verification resultantly her two precious years of education career were ruined, as such she deserves to be compensated,” the court said.
The court ordered that out of the amount of fine imposed on the accused, if realized, Rs 25,000 shall go to the victim student as compensation. “Since the convict is on bail, so, he is taken into custody and is forwarded to Superintendent Central Jail Srinagar along with a warrant for the execution of sentence.”
On 4 August, 2001, Dr. D. N. Shah, Joint Secretary State Board of School Education informed Principal Government Higher Secondary School Wathoora Budgam that a marks certificate of Secondary School Examination was verified and found to be fake and not issued by Board of School Education.
Accordingly the Principal Government Higher Secondary School Wathoora Budgam informed Additional Superintendent of Police Kashmir about the matter. Crime Branch Srinagar after preliminary enquiry registered FIR No.55/2001 us 420, 468, 471 RPC and 5(2) P.C.Act and investigation commenced in the matter.