IMPORTANT POINT
For sustaining conviction u/s 471 IPC it is necessary for prosecution to prove that accused knew or had reason to believe that the document to be forged one.

Headnote:(i) Indian Penal Code, 1860-Sections 471 and 420 r/w 34-Appellant A1 took admission in MBBS course in Medical College on a forged mark sheet-A2 was father of A1-A4 procured a blank mark list of Pre-degree examination got impression of the facsimile signature of Controller of Examination PW1 and forged initials of concerned section assistants and also attested a true copy of mark list-Conviction of A1 and A2 for offences whereas other two accused A3 and A4 were acquitted-Appeal-Contention that appellants had not used forged document deliberately or intentionally as they had applied for revaluation of marks-Revaluation result had been communicated that there was no change in marks-Factors to show that appellants had sufficient knowledge that there was forgery and they had used document knowing it to be forged-Expression "reason to believe"-Appellants had not only the knowledge but also had reason to believe that document was forged-Acquittal of co-accused of charge of conspiracy could not really affect accusation u/s 471 IPC-Conviction could not be interfered with. (Paras 6 to 11)
(ii) Indian Penal Code, 1860-Sections 471 and 420/34-Appellant A1 got admission in MBBS course in Medical College on basis of forged mark sheet and A2 was father of A1, a doctor by profession-Sentence plea for benefit of probation as offence was committed in 1978-High Court had reduced sentence of two years imprisonment to three months jail-Crime was serious and deserved deterrent punishment in larger interest of society-Benefit of probation could not be extended. (Para 13)

JUDGMENT

Arijit Pasayat, J.-The appeal presents a strange scenario where the accusation is that appellant No.2, a doctor doctored documents so that his son appellant No. 1 would get admission to a medical college and become a doctor. Allegations were to the effect that they manipulated mark sheets and on the basis of forged mark sheets he got admission which otherwise would not have been available to him. The mark sheets related to the two pre-degree examinations of the Kerala University conducted in 1978-79 and 1979-80, for two years i.e. Ist and IInd year respectively. They faced trial with two others. For the sake of convenience they are described as A-1 and A-2 and the other two who were acquitted as A-3 and A-4.

2. Prosecution version as unfolded during trial is essentially as follows:

A-1 is the son A-2, who was running a nursing home at Ernakulam during the relevant period and A-4 was an Assistant Registrar, Examination Wing, Kerala University. A-1 was a Pre-degree student during the academic years 1978-79 and 1979-80 in the Mar Ivanios College, Thiruvananthapuram, affiliated to the Kerala University. He appeared for the first year Pre-degree examination in April, 1979 and for second year Pre-degree examination in April/May 1980. After the second year examination, A-1 got following marks as indicated in the mark list issued by the Mar Ivanios College:

English : 204/300

Hindi : 109/150

Physics : 127/150

Chemistry : 131/150

Biology : 129/150

Grand total : 700/900

Total for the optional subjects, viz., Physics, Chemistry and Biology was 387 out of 450. The above mark list issued by the Kerala University to A-1, through Mar Ivanios College, Thiruvananthapuram was received by both the appellants with their acknowledgement in the mark lists kept in the college. As both appellants were aware that the marks secured by the A-1 were insufficient to get an admission in any medical college for the first year MBBS course in Kerala on merit, they entered into a criminal conspiracy along with A-3 and A-4 on some day between 30.6.1980 and 10.10.1980 for forging a mark list showing higher marks and pursuant to such conspiracy A-4 in the case procured a blank mark list of Pre-degree examination and by fraudulent means and without the knowledge and authority of the Controller of Examinations (PW-1) got the impression of the facsimile signature of PW-1 and the University emblem seal affixed on the blank mark list form. A-4 wrote in his own handwriting falsely and fraudulently the following marks in the forms to have been secured by A-1 in the Pre-degree final year examination:

English : 204/300

Hindi : 109/150

Physics : 142/150

Chemistry : 140/150

Biology : 138/150

Grand total : 733/900

In addition total of 420 marks out of 450 marks was shown for the optional subjects, viz. Physics, Chemistry and Biology. A-4 forged the initials of the concerned section assistants, who actually prepared the true mark list issued through Mar Ivanios College and received by A-1 and A-2. A-4 also attested a true copy of the mark list (Ext. P27). He forged with his designation and seal and entrusted both the forged mark list and its true copy attested by him (Ext. P27) to A-1 and A-2. Ext. D-4 is the forged mark list. A-1 and A-2 thereafter prepared an application form for admission to a medical college during the year 1980-81 with their signatures by incorporating the marks found in Ext. D-4, the forged mark list fully knowing the forged nature of Ext. D-4 and forwarded such application together with the attested true copy Ext. P-27 of Ext. D-4 to the medical college, Thiruvananthapuram with the fraudulent intention to make the concerned authorities to believe that the marks shown in the application are the real marks obtained by A-1 and thereby cheated the selection committee and obtained admission for the first year M.B.B.S. course on merit basis. Appellants with the intention of causing disa

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2004 Supreme(SC) 330

IMPORTANT POINTFor sustaining conviction u/s 471 IPC it is necessary for prosecution to prove that accused knew or had reason to believe that the document to be forged one.

Cases Referred (2)

IMPORTANT POINT
For sustaining conviction u/s 471 IPC it is necessary for prosecution to prove that accused knew or had reason to believe that the document to be forged one.