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ANUBHA RAWAT CHOUDHARY
Salim Ansari, son of Aklu Mian – Appellant
Versus
State of Jharkhand through C. B. I. – Respondent
JUDGMENT :
1. Heard Mr. Indrajit Sinha, the learned counsel appearing on behalf of the petitioners alongwith Mr. Amit Kumar, Advocate.
2. Heard Mr. Rohit Sinha, the learned counsel appearing on behalf of the Opposite Party-C.B.I..
3. The present criminal revision application is directed against the judgment dated 22.10.2011 passed by the learned District & Sessions Judge-1, Dhanbad in Criminal Appeal No. 34/1992 whereby and whereunder the learned appellate court has dismissed the appeal preferred by the petitioners and upheld the judgment of conviction and the order of sentence dated 03.07.1992 passed by the learned S.D.J.M.-cum-Special Judicial Magistrate, C.B.I., Dhanbad in R.C. Case No. 18 of 1985(D) / T.R. No. 287/1991.
4. The learned trial court had convicted the petitioners for offence under Sections 420 and 471 of the Indian Penal Code and had sentenced them to undergo rigorous imprisonment for two years with fine of Rs.500/- for offence under Section 420 of IPC and rigorous imprisonment for two years with fine of Rs.500/- for offence under Section 420 of IPC and in default of payment of fine of Rs.1000/-, to undergo simple imprisonment for three months and both the sentence
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 may reduce a sentence based on the time already served and the circumstances of the case, even when the conviction is upheld.
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 defense of an accused is not to be considered while framing charges.
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