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ASHA MENON
Gaurav Malik – Appellant
Versus
Anti Corruption Branch, Central Bureau Of Investigation – Respondent
JUDGMENT
asha Menon, J. - This petition has been filed under article 227 of the Constitution of India read with Section 482 Cr.P.C. praying that the order dated 7th October, 2020, passed by learned Principal District & Sessions Judge-cum-Special Judge (P.C. act) (CBI) ('Special Judge', for short), Rouse avenue District Courts, New Delhi, dismissing the revision petition filed by the petitioner against the order dated 25th January, 2020, passed by the learned aCMM-2-cum-aCJ ('aCMM' for short), Rouse avenue Courts, New Delhi, be set aside.
2. The petitioner was arraigned as an accused in Case No.CBI/430/2019, under Sections 420/471/467/468 read with Section 201 IPC. The allegations against him are that he submitted a forged experience certificate allegedly obtained from M/s Krishna Engineering Company, to the UPSC and was offered the position of Training Officer in the Directorate of General Employment and Training (DGE&T). Subsequently, when the certificate was verified, it was found to be forged. Without the requisite certificate of experience, the petitioner was not eligible to even apply for the post. Hence, the proceedings were initiated against him.
3. It was considered appropriat
The defense of an accused is not to be considered while framing charges.
The onus of proof that the accused brought forth a forged document with a view to cheating rested with the prosecution, and the vital link in the chain of circumstances against the accused was essent....
The court affirmed that the efficacy of framing charges relies on the existence of sufficient prima facie evidence, without requiring deep merits assessment at the initial stage.
The court upheld the necessity for prima facie evidence when framing charges, emphasizing that mere allegations are insufficient without supporting documentation.
The court considered mitigating factors such as age, duration of benefit, and time spent in custody in modifying the sentences, highlighting the importance of considering individual circumstances in ....
The main legal point established in the judgment is the burden of proof on the prosecution to establish charges beyond reasonable doubt in cases of forgery under the IPC, and the court's discretion i....
The court held that the material on record must establish a prima facie case against the accused for the offences charged.
The main legal point established is that the charges under the Indian Penal Code must be based on evidence of the accused's direct involvement in forgery or fraudulent use of documents.
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