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ARUN DEV CHOUDHURY
Prana Ranjan Bhattacharjee Ghy – Appellant
Versus
CBI Ghy – Respondent
JUDGMENT :
1. These two appeals are taken up together for final disposal as the same are filed under section 374 of the Code of Criminal Procedure, against the judgment and order of conviction dated 17.05.2005 passed by learned Special Judge, CBI, Guwahati in Special Case No. 92/2004, (Old Case No. 15(c)/89), whereby the appellants were convicted under Section 120B/420/471 read with Section 465 of IPC and under Sections 13(i)(d) read with 13(2) of P.C. Act, 1988 and sentenced to suffer rigorous imprisonment for 2 (two) years and also with fine of Rs. 2000/- and in default to undergo simple imprisonment for another 2 months for offence under Section 13(i)(d) read with 13(2) of the P.C. Act, 1988.
2. Mr. A. K. Purkayastha, learned counsel has been appearing for the appellant in Crl.A./149/2005. However, when the matter was called for final disposal on 25.08.2023, none represented the appellant in Crl.A./175/2005. In the aforesaid backdrop, Mr. K. P. Pathak, learned counsel was appointed as Amicus to argue on behalf of the appellant in Crl.A./175/2005.
3. Heard Mr. A. K. Purkayastha, learned counsel has been appearing for the appellant in Crl.A./149/2005 and Mr. K. P. Pathak, learned Ami
The prosecution failed to prove the charges of forgery and conspiracy beyond reasonable doubt due to irregularities in evidence collection.
Conviction for forgery and misappropriation requires clear proof of entrustment and intent to defraud, which was lacking, leading to acquittal.
The prosecution could not establish the case against the appellant under Section 120(B)/468 of the Indian Penal Code read with Section 13(2) & Section 13(1)(d) of the Prevention of Corruption Act, 19....
The court emphasized that opinion evidence must be supported by substantial corroborating evidence in criminal trials to uphold a conviction, reaffirming the prosecution's burden to prove guilt beyon....
Court should not normally take upon itself the responsibility of comparing the disputed signature with that of the admitted signature or handwriting and in the event of the slightest doubt, leave the....
Public servants convicted of misappropriation and forgery through forged loan applications must be proven to have made false documents and abused their positions, affirming the importance of direct e....
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