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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE V SRINIVAS, J
G. Moses Dayakar – Appellant
Versus
State Of AP – Respondent
JUDGMENT :
(V. SRINIVAS, J.)
Assailing the judgment dated 25.07.2018 in Crl.A.No.326 of 2016 on the file of the Court of learned X Additional Sessions Judge, Krishna at Machilipatnam, confirming the conviction and sentence imposed against the accused by the judgment dated 24.11.2016 in C.C.No.251 of 2013 on the file of the Court of learned II Additional Judicial Magistrate of Fist Class at Machilipatnam, for the offences under Section 468, 471 and 420 of Indian Penal Code (hereinafter referred to as “IPC”), the petitioner/accused filed the present criminal revision case under Section 397 r/w.401 of the Criminal Procedure Code, 1973.
2. The revision case was admitted on 26.07.2018 and the sentence imposed against the petitioner was suspended, vide orders in I.A.No.1 of 2018.
3. The shorn of necessary facts are that :
i). On 11.05.2005, the accused submitted a loan application under SC unemployment scheme with surety certificates and quotation of Padmaja Commercial Corporation at MPDO office, Nagayalanka to the SC Corporation, through MPDO, Nagayalanka. Later the loan was sanctioned to the accused on 11.07.2005 and issued D.No.299109, dated 16.08.2005 for an amount of Rs.3,00,000/- on 19.
The court upheld the conviction for fraud under IPC sections 468, 471, and 420, affirming that the prosecution proved the accused's guilt beyond reasonable doubt.
The judgment establishes that the prosecution's successful proof of guilt beyond reasonable doubt, supported by witness testimonies and expert reports, led to the confirmation of the accused's convic....
The court upheld the conviction for cheating under Section 420 IPC, affirming the lower courts' findings and modifying the sentence to six months due to mitigating circumstances.
The court upheld conviction for forgery despite the absence of economic loss, emphasizing harm to institutional integrity as sufficient for fraud under Section 465 IPC.
Concurrent findings of fact and proportional sentencing maintain legal integrity in fraud cases under IPC sections 419, 420, and 468.
The concurrent findings by trial and appellate courts affirm the conviction under counterfeit currency charges, with modifications to sentences based on elapsed time and the health of the accused.
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