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2002 Supreme(Gau) 444

I.A.ANSARI
Pura Lodar – Appellant
Versus
Deputy Commissioner, Papumpare Dist. – Respondent


Advocates Appeared:
P.K.Tiwari, N.Lowang

Judgement Key Points

Based on the provided legal document, the court emphasized that establishing dishonesty and intent is fundamental to proving the offence of forgery under Section 468 IPC. Dishonesty involves acting with a fraudulent mindset, such as knowingly creating or possessing false documents without proper authority, with the aim of causing harm, supporting a claim, or facilitating fraud (!) (!) (!) .

The document clarifies that for a document to be considered false and thus constitute forgery, it must be made dishonestly or fraudulently with the specific intent to cause damage, injury, or to support a fraudulent claim. Importantly, mere possession or preparation of materials that could potentially be used for forgery does not automatically establish dishonesty or fraudulent intent unless the individual actively converts these materials into a false document or uses them in a manner that supports fraudulent purposes (!) (!) (!) .

Furthermore, the court highlighted that the burden of proving dishonesty and intent rests on the prosecution. The accused's silence or lack of explanation cannot be construed as evidence of dishonesty unless there is direct or circumstantial proof of fraudulent intent. Merely obtaining or possessing blank or unsigned documents, without further acts demonstrating their use or conversion into false documents, does not suffice to prove dishonest intent (!) (!) .

In summary, the legal principles underscore that dishonesty and fraudulent intent must be established through clear evidence of active involvement in creating or using false documents with a wrongful purpose. The act of merely preparing or possessing materials that could be used for forgery, without evidence of their actual use or intent to deceive, does not automatically constitute dishonesty or fraudulent intent.


I.A.ANSARI,J.—

This revision is directed against the judgment and order, dated 03.11.99, passed by the learned Deputy Commissioner, Papumpare District, Itanagar, in Criminal Appeal No. 3/94, upholding the judgment and order dated 14.6,94 passed by the learned Judicial Magistrate (First class), Papumpare District, Itanagar, in GR Case No. 124/93, convicting the accused-petitioner under Section 468 IPC and sentencing him to undergo imprisonment for a period of one year and pay a fine of Rs. 3000/- and, in default, to undergo imprisonment for a further period of three months.

2. In a nutshell, the material facts and various stages leading to the present revision may be, briefly, narrated as follows :-

(i) The accused-petitioner was charge sheeted by police for having allegedly committed an offence under Section 468 IPC and was accordingly brought for trial before the learned Judicial Magistrate 1st class, Itanagar, in GR case No. 124/93. The case against the accused-appellant, as unfolded at the trial, may, in brief, be stated thus : Sub Inspector Suresh Singh of Naharlagun Police Station received information from confidential source that some unscrupulous persons were getting cash memo


















































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