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2018 Supreme(SC) 462

N.V.RAMANA, S.ABDUL NAZEER
Sheila Sebastian – Appellant
Versus
R. Jawaharaj – Respondent


JUDGMENT :

N.V. Ramana, J.

These criminal appeals are filed against the impugned order dated 25.01.2008, passed by the High Court of Judicature at Madras, Madurai Bench in Criminal Revision Case Nos. 523 & 546 of 2005, wherein the High Court has allowed the criminal revisions and held that the conviction of accused respondents is not sustainable under Section 465 of the Indian Penal Code, 1860 [hereinafter ‘IPC’].

2. The case of the prosecution giving rise to these appeals, in brief, is that the complainant Mrs. Doris Victor (deceased mother of the appellant) was the owner of a plot insurvey numbers 1777/1A, 1778/1, 1779/1 and 1779/2 in Valliyoor village. The complainant alleges that, accused no. 1, (R. Jawaharaj), with the aid of an imposter who by impersonating as Mrs. Doris Victor created a Power of Attorney (hereinafter ‘PoA’) in his name as if he was her agent. It was further alleged that, using the aforesaid PoA the accused no. 1, attempted to transfer the property of complainant by executing a mortgage deed in favour of accused no. 2, (Rajapandi) for a sum of Rs.50,000/-. After getting the information about the aforesaid transaction, the owner of the property Mrs. Doris Victor


















































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