SANJAY KUMAR, ARAVIND KUMAR
Yogarani – Appellant
Versus
State by the Inspector of Police – Respondent
JUDGMENT :
ARAVIND KUMAR, J.
1. The appellant who has been arraigned as accused No. 2 has challenged the concurrent conviction and sentence ordered under Section 420 Indian Penal Code (for short ‘IPC’) read with Section 12(2) of the Passports Act, 1967 (herein after referred as ‘Passports Act’) and sentenced to one-year rigorous imprisonment for each of the offences which are to run concurrently.
2. The short and long of prosecution story is that appellant had wrongfully and illegally facilitated accused No. 1, for obtaining a second passport, who was already holding an Indian passport. It was further alleged that accused No. 1 having deposited his passport with his employer at Dubai had applied for second passport in order to have better employment opportunities and said application was forwarded/ routed through the appellant. The prosecution alleged that second passport which was issued and dispatched to Accused No. 1 had been returned undelivered to the Passport Office Trichy and was kept in safe custody and later it was delivered to the appellant by accused No. 3 who was in charge of safe custody of the passports through accused No. 4 who was working as a casual labourer in the Pa
Javed Shaukat Ali Qureshi vs. State of Gujarat
Padum Kumar vs. State of Uttar Pradesh
S. Gopal Reddy vs. State of A.P.
Magan Bihari Lal vs. State of Punjab
Ishwari Prasad Misra vs. Mohd. Isa
Court cannot convict one accused and acquit other when there is similar or identical evidence pitted against two accused persons.
Circumstantial evidence and expert testimony can establish conspiracy and individual roles in fraudulent activities, while lack of required sanction under relevant laws invalidates prosecution for ce....
Court should not normally take upon itself the responsibility of comparing the disputed signature with that of the admitted signature or handwriting and in the event of the slightest doubt, leave the....
Point of Law : Article 21 applies when personal liberty of a person is deprived without following the procedure.
The prosecution failed to prove the charges of forgery and conspiracy beyond reasonable doubt due to irregularities in evidence collection.
Point of Law; In case of acquittal, it is settled law that if two views are possible, the appellate court should adopt the view which is favourable to the accused
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.