A court in Surat has acquitted a man accused of impersonating his cousin to work as a cleaning staffer with the Surat Municipal Corporation (SMC) for about 20 years and getting other benefits. His cousin, who too was an accused in the cheating case, had died in 2018.
In its order, the district court mentioned that the prosecution failed to prove the charges and provide evidence in the court. “The police had not sent the handprint impression of the accused to the Forensic Science Laboratory (FSL), and got it verified. Apart from this, the signatures of both the accused were identical as per the FSL report,” said the court.
As per the case details, Praveenkumar Raghuveer Prasad — working as personnel officer at the SMC headquarter at the Central Zone —- had lodged a complaint with the Chowk Bazar police station in Surat city against cousins Keshav Dahya Jadav and Dilipbhai Hedamba on July 20, 2013.
In the complaint, Prasad alleged that both the cousins worked on temporary basis as cleaning staffer with the SMC. K D Jadav received an appointment letter as an SMC employee and was told to report to duty on August 1, 1992.
However, Hedemba did not receive any such letter. Instead of Jadav, Hedemba reported to duty. He also submitted his photo, and handprint impression — a procedure followed by the civic body while regularising employees.
“In 2013, the personnel department received an anonymous letter, saying that Dilip Hedemba cheated SMC by working as K D Jadav. A vigilance inquiry was launched, and it was found the allegations were true. Following this, Hedemba was suspended from the job,” the complaint read.
Police registered an offence under Indian Penal Code (IPC) sections 416 (cheating by personation), 418 (cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect), 420 (cheating), 467 (forgery for valuable security, will), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document or electronic record), 114 (abbetor present when offence is committed), and 120(b) (criminal conspiracy).
On the basis of the complaint, Chowk Bazaar police arrested Hedemba and his cousin K D Jadav. After their remand period, they were sent to judicial custody at Surat sub-jail. After spending a few months in jail, the duo were released on bail.
Chowk Bazaar police prepared a chargesheet and submitted it with the Surat district court on December 4, 2013. The chargesheet included statements of 15 witnesses, including colleagues, FSL officer, relatives of both the accused, SMC officials, and 17 documentary evidences. From the prosecution side, Assistant Public Prosecutor S P Chauhan pressed on the charges, witnesses and documentary evidence, which were argued by defense lawyer Yahya Mukhtiar Shaikh.
The proceedings were carried out in the 6th Additional Chief Judicial Magistrate court of Judge A A Vayda. During the case proceedings, K D Jadav passed away due to an illness in 2018. After hearing arguments from both prosecution and defense sides, Judge A A Vayda had on Monday evening passed an order acquitting the second accused Dilip Hedemba.
In the order, the Judge observed, “The prosecution has alleged that the accused Dilip Hedemba had given his thumb and hand impression on the service book while joining his duties as regular employee claiming that he is K D Jadav. Police had done panchnama and also took hand prints of both the accused which were not verified with the earlier hand prints of Dilip, through FSL. The prosecution has not brought on record to the court about the verification of signatures of K D Jadav (original) while working on temporary basis and tallied it to signature done by Dilip Hedembe as K D Jadav on service book as SMC employee.”
Assistant Public Prosecutor S P Chauhan said, “We will go through the order copy and will decide our future course of actions.”
On the acquittal, defense lawyer Yahya Shaikh said, “We are very much satisfied with the order of the court. We will wait for a certain period till the prosecution takes any action and later we will approach the court for the pending salary, other benefits, and pension from the SMC.”