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Andhra Pradesh High Court
Judges : A.V.KRISHNA RAO
In Re: Siram Reddi Simhachalam - Appellant
Versus
. - Respondent
Decided On : 04-17-59
CRIMINAL APPEAL - FORGERY - TRANSFER CERTIFICATE - BELIEF IN GENUINENESS - ABSENCE OF MENS REA - ACQUITTAL. ( 1 ) THIS is an appeal against the judgment of the Additional Sessions Judge, Srikakulam sentencing the appellant to rigorous imprisonment for one year under Section 471 read with Section 465, Indian Penal Code and to rigorous imprisonment for six months under Section 420 Indian Penal Code, the sentences being ordered to run concurrently. The conviction under Section 471, read with Section 465, Indian Penal Code, is based on the fact that the appellant used a forged transfer certificate (Ex. P. 3) to obtain admission into the Government Basic Training School at Parvatipur and produced it for the purpose before the Headmaster (P. W. 1) on 9-8-1951. The conviction under Section 420, Indian Penal Code is based on the consequential fact that ho drew stipends amounting to Rs. 330-10-0 during the period of Ms training in the Basic Training School from 9-8-1951 to 1953. These facts were established by the evidence at the trial and are not now disputed. The only ground urged in support of the appeal is that the appellant believed Ex. P-3 to he genuine and did not know nor have reason to believe that it was a forged document.
Fact of the Case:
The appellant was convicted of forgery and cheating for using a forged transfer certificate to obtain admission into a training school and for drawing stipends during his training. He claimed that he believed the certificate to be genuine.
Finding of the Court:
The court found that the prosecution failed to prove that the appellant knew or had reason to believe that the transfer certificate was forged. The court noted that the appellant's father had obtained the certificate and that the appellant had no motive to forge it himself. The court also found that the prosecution's evidence was insufficient to establish that the appellant had never been a student at the school named in the certificate.
Issues: 1. Whether the appellant knew or had reason to believe that the transfer certificate was forged. 2. Whether the prosecution had proved that the appellant had never been a student at the school named in the certificate.
Ratio Decidendi: The court held that the prosecution had failed to prove the essential ingredient of mens rea for the offences of forgery and cheating. The court found that the appellant had a reasonable belief that the transfer certificate was genuine and that there was no evidence to suggest otherwise.
Final Decision: The court allowed the appeal, set aside the convictions and sentences, and acquitted the appellant.
( 1 ) THIS is an appeal against the judgment of the Additional Sessions Judge, Srikakulam sentencing the appellant to rigorous imprisonment for one year under Section 471 read with Section 465, Indian Penal Code and to rigorous imprisonment for six months under Section 420 Indian Penal Code, the sentences being ordered to run concurrently. The conviction under Section 471, read with Section 465, Indian Penal Code, is based on the fact that the appellant used a forged transfer certificate (Ex. P. 3) to obtain admission into the Government Basic Training School at Parvatipur and produced it for the purpose before the Headmaster (P. W. 1) on 9-8-1951. The conviction under Section 420, Indian Penal Code is based on the consequential fact that ho drew stipends amounting to Rs. 330-10-0 during the period of Ms training in the Basic Training School from 9-8-1951 to 1953. These facts were established by the evidence at the trial and are not now disputed. The only ground urged in support of the appeal is that the appellant believed Ex. P-3 to he genuine and did not know nor have reason to believe that it was a forged document.
( 2 ) IN order to appreciate the contentions raised, it is necessary to set out some more facts. The transfer certificate in question. Ex. P-3, is in the usual printed form for such certificates. At the top, its number is found written in manuscript as 1509/132. Against column 1, under the heading "name of the school which the pupil is leaving", it contains the admittedly genuine rubber stamp impression of the "municipal High School, Vizianagaram". In Column 2 intended for "name of the pupil", the name of the appellant, "seeramreddi Simhachalm", has been written. In Column 4, his "date of birth is entered in the admission register" is given as 1-7-1930. In the subsequent columns, the entries are to the effect that he was in the Third Form, having been admitted into that form on 20-7-1943, that he was qualified for promotion and that he left the school on 4-5-1944. The certificate purports to have been issued on 22-6-1944 and signed by the Headmaster B. K. Viswanatham on that date. Sri B. K. Viswanatham (P. W. 10) was the Headmaster of the School from 1942 to 1949. He denies the signature in Ex. P-3 and this is borne out by the opinion of the Assistant Examiner of Questioned Documents (P. W. 6 ).
( 3 ) THE appellants deceased father, Rami Naidu, was the teacher-manager of the Aided Elementary School at Tadcndhoravalasa. The appellant began to work as an untrained teacher in the school from 15-11-1949. In the School registers, his general educational qualification was shown as "iii form" and the number 1509/132 of the certificate was quoted. Ex. P-3 was seen at that period by the Deputy Inspectors of Schools, P. Ws. 2, 3 and 4 and accepted as genuine. After working as an untrained teacher in the school until 9-8-1951, the appellant got himself admitted for Junior Grade Training in the Government Basic Training School at Parvatipur. He underwent the two years Course of training there and was paid the monthly stipends of Rs. 18 amounting to in all Rs. 330-10-0. His father died in 1953 and he then became the teacher-manager of the school at Tadendhoravalasa.
( 4 ) THE Senior Deputy Inspector of Schools (P. W. 4) who came across certificates purporting to have been issued by Sri B. K. Viswanadham in the course of his duties, issued a circular in 1953 calling on all the teachers to produce their transfer certificates. In compliance with the circular, the appellant produced Ex. P-3. P. W. 4 then doubted the genuineness of the certificate and addressed the Headmaster of the Municipal High School, Vizianagaram. Sri K. Ramadas (P. W. 11) who had succeeded Sri B. K. Viswanatham (P. W. 10) in 1949 as the Headmaster, examined the admission register and some other records of that school. He replied on 10-6-1953 that transfer certificate No. 1509/132 dated 22-6-1944 held by the appellant was not issued by th
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