2009 Supreme(AP) 381
High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE K.C. BHANU
Rathi @ Ramesh Rathi
Versus
The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad
Criminal Revision Case No.1861 of 2003
Decided on : 19-06-2009
For the Petitioner:Dhanamjay, Advocate. For the Respondent: The Public Prosecutor.
Headnote:
Code of Criminal Procedure – Sections 397, 401, 313, 2 (h), 156 (1) – Indian Penal Code, 1860 – Sections 420, 467, 471 – Identification of Prisoners Act – Section 5, Section 4 – Evidence Act – Section 73 – Constitution of India – Article 20 – Indian Evidence Act, 1872 – Section 45 – Illegal – Conviction – Criminal Revision case by petitioner-sole accused under Sections 397 and 401 Cr.P.C. is directed against judgment, dated in Criminal Appeal on file of VI Additional Metropolitan Sessions Judge, in confirming judgment, dated in C.C., on file of XI Metropolitan Magistrate, wherein petitioner-accused was convicted and sentenced to undergo Rigorous Imprisonment for a period of two years and also to pay a fine in default to undergo Simple Imprisonment for a period of four months of all offences punishable under Sections 420, 467 and 471 of Indian Penal Code, 1860 – Held, Basing on experts evidence alone, accused cannot be convicted – At best, it can be taken as corroboration to other evidence, if any available on record – These aspects have not been considered by trial Court as well as appellate Court – Therefore, findings are perverse and call for interference by this Court – Petitioner is entitled for acquittal – Criminal Revision Allowed
This Criminal Revision case by the petitioner-sole accused under Sections 397 and 401 Cr.P.C. is directed against the judgment, dated 21-10-2003, in Criminal Appeal No.364 of 2003, on the file of VI Additional Metropolitan Sessions Judge, Secunderabad, in confirming the judgment, dated 22-08-2003, in C.C.No.801 of 2001, on the file of the XI Metropolitan Magistrate, Secunderabad, wherein the petitioner-accused was convicted and sentenced to undergo Rigorous Imprisonment for a period of two years and also to pay a fine of Rs.5,000/-, in default to undergo Simple Imprisonment for a period of four months of all the offences punishable under Sections 420, 467 and 471 of the Indian Penal Code, 1860, (for brevity 'IPC').
2. Brief facts, that are necessary for disposal of the prosecution case may be stated as follows:
One Gopalachary was working as General Manager of Automotive Manufacturers Limited, Secunderabad (hereinafter referred to as 'the company'). The accused was working as RTA office agent in the company. He used to collect charges from the customers of the company for the purpose of getting registration of the vehicles and other certificates for the vehicles purchased from the company. The accused was rendering such services for a period of ten years. On 20-12-1997, one person belonging to Oswal Trading Company, who was one of the customers of the company complained to the company that the Regional Transport Office acknowledgement receipt given to him by the accused was not genuine. Similarly, several complaints were received from various customers of the company alleging that the registration certificates books were not genuine and that the fabricated registration certificates have been issued to the customers. Therefore, the said Gopalachary lodged Ex.P1-complaint on 20-12-1997. P.W.10- the then Sub Inspector of Police registered a case in Cr.No.322 of 1997 under Sections 420, 467 and 471 IPC. During the course of investigation, he recorded the statements of the complainant, S.V.R. Chary, the then Superintendent of RTA, Karkhana, Secunderabad. On 29-12-1997, he arrested the accused and sent him to Court for remand and before sending him to Judicial custody, he obtained the specimen hand writings and signatures of the accused. Thereafter, his successor P.W.12 filed the charge sheet. P.W.12 continued investigation and obtained the specimen signatures of three RT officers, Senior Assistants and office Superintendents and also collected the office correspondence of the accused. The specimen handwritings of the accused along with the disputed writings of the accused were sent to the Forensic Science Laboratory with a letter of advice. The FSL opined that the sample handwritings and the forged handwritings are written by the same person. Thereafter, he filed the charge sheet.
3. Charges under Sections 420, 467 and 471 IPC were framed against the accused, read over and explained to him, for which he pleaded not guilty and claimed to be tried.
4. To substantiate its case, the prosecution examined P.Ws. 1 to 13 and got marked Exs.P1 to P44.
5. After closure of the prosecution evidence, the accused was examined under Section 313 Cr.P.C. with reference to the incriminating material found against him in the evidence of prosecution witnesses. He denied the same and reported no evidence.
6. The trial Court after considering the evidence on record came to the conclusion that the prosecution established its case against the accused beyond all reasonable doubt and accordingly, convicted and sentenced the accused as above. Challenging the same, the accused preferred an appeal before the VI Addl. Metropolitan Sessions Judge, Secunderabad and the learned Metropolitan Sessions Judge, vide impugned judgment, dismissed the appeal confirming the conviction and sentence recorded against the accused. Hence, this Revision.
7. Learned counsel appearing for the petitioner-accused contended that P.W.1 who lodged the complaint alleging th