2013 Supreme(SC) 18

Supreme Court of India
P. SATHASIVAM, RANJAN GOGOI & V. GOPALA GOWDA.JJ.
Hema - Appellant
Versus
State, thr. Inspector of Police, Madras - Respondent
Criminal Appeal No. 31 of 2013 (Arising out of S.L.P. (Crl.) No. 9190 of 2011)
Decided On : 07-01-2013

IMPORTANT POINT
Merely because of some defect in the investigation, lapse on the part of the I.O., it cannot be a ground for acquittal.

Headnote:Indian Penal Code, 1860- Sections 120-B, 420,511, 465 and 471 -Prosecution of appellant along with co accused persons for entering into a criminal conspiracy to cheat the Regional Passport Office, Trichy in order to obtain passports on the basis of creating ante- dated passport applications with duplicate file numbers, so as to make them appear as old cases, accompanied by forged enclosures such as police verification certificates etc- Conviction by Trial Court-Appeal-Dismissed-Appeal- It was very well established by prosecution that the filled up passport applications were submitted by A5 appellant on behalf of her employer A-3- In majority of passport applications ,bogus particulars were filled by A-5 at Trichy- Prosecution also established that A-5 had given false particulars regarding place of residence of applicants in the passport applications in view of her admission in 313 statement that she was working in Goodluck Travels and assisting A-3 in preparing applications and filing them before the Passport Office as well as handling the affairs connected therewith- Said fact clearly proved that A-5 had filled up said passport applications -Prosecution also established that false documents were made for purpose of cheating and those documents were used as genuine for obtaining passports- In the light of overwhelming evidence placed by prosecution, analyzed by trial Court and affirmed by High Court, no interference called for with concurrent findings of fact by courts below - Taking note of the fact that appellant was having a small child, while confirming the conviction sentence reduced to six months from two years-Appeal disposed of (Paras 24 to 27)

        Defective investigation-Whether defect in investigation by itself can be a ground for acquittal-Held no defect in the investigation by itself cannot be a ground for acquittal- If primacy is given to such designed or negligent investigations or to the omissions or lapses by perfunctory investigation, the faith and confidence of the people in the criminal justice administration would be eroded- Where there has been negligence on the part of investigating agency or omissions, etc. which resulted in defective investigation, there is a legal obligation on the part of court to examine the prosecution evidence dehors such lapses, carefully, to find out whether said evidence is reliable or not and to what extent it is reliable and as to whether such lapses affected the object of finding out the truth- Hence investigation is not the solitary area for judicial scrutiny in a criminal trial- The conclusion of trial in the case cannot be allowed to depend solely on the probity of investigation (Para 10)

       Facts of the Case :

        Appellant along with co accused persons was prosecuted herein in the instant case for entering into a criminal conspiracy to cheat the Regional Passport Office, Trichy in order to obtain passports on the basis of creating ante- dated passport applications with duplicate file numbers, so as to make them appear as old cases, accompanied by forged enclosures such as police verification certificates etc. In pursuance of said conspiracy, A-2 being the Lower Division Clerk in the Regional Passport Office, Trichy fraudulently received and processed 42 forged passport applications filed by one Goodluck Travels, Trichy run by A-3 with the assistance of A-4 and A- 5 the appellant and made false endorsement of reference numbers, fee certifications etc. and A-1, being the Superintendent of Regional Passport Office, Trichy, by abusing his official position, granted orders for the issue of passports in respect of the said 42 applications. Trial Court convicted appellant along with co accused persons for said offences. Appeal there against was Dismissed by High Court.

        B. Present appeal has been filed against said order of High Court.

       Findings of the Court :

        It was very well established by prosecution that the filled up passport applications were submitted by A5 appellant on behalf of her employer A-3. In majority of passport applications ,bogus particulars were filled by A-5 at Trichy. Prosecution also established that A-5 had given false particulars regarding place of residence of applicants in the passport applications in view of her admission in 313 statement that she was working in Goodluck Travels and assisting A-3 in preparing applications and filing them before the Passport Office as well as handling the affairs connected therewith. Said fact clearly proved that A-5 had filled up said passport applications. Prosecution also established that false documents were made for purpose of cheating and those documents were used as genuine for obtaining passports. In the light of overwhelming evidence placed by prosecution, analyzed by trial Court and affirmed by High Court, no interference was called for with concurrent findings of fact by courts below. Taking note of the fact that appellant was having a small child, while confirming the conviction sentence reduced to six months from two years.

       Result : Appeal disposed of.