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PRADEEP KUMAR SRIVASTAVA
Rohin Kumar @ Rohin Yadav @ Bhupendra Kumar, S/o. Narayan Prasad Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Pradeep Kumar Srivastava, J.)
Heard learned counsel for the parties.
2. This Revision application is directed against the Judgment dated 08.04.2015 passed in Cr. Appeal No. 74 of 2014 by the learned Principal Sessions Judge, Gumla whereby and whereunder the appeal preferred by the petitioner, against the Judgment of conviction and order of sentence dated 22.11.2014 passed in G.R. Case No. 242 of 2001 arising out of Gumla P.S. Case No. 97 of 2001; T.R. No. 08 of 2014 by the learned Chief Judicial Magistrate, Gumla has been dismissed and conviction of this petitioner for the offences under Section 419, 420, 467, 468 & 471 of the Indian Penal Code has been confirmed and upheld.
3. Factual matrix giving rise to this Revision is that the petitioner fabricated and procured a fake transfer letter no. 3829/04.07.2000 (Ext.Z) allegedly issued from Joint Secretary, Minor Irrigation Department, State of Bihar (now Jharkhand) transferring him to Minor Irrigation Division, Gumla. It appears that after receiving the above transfer order (Ext.Z), the Minor Irrigation Department, Gumla send a letter No. 837/dated 17.11.2000(Ext.2) to Additional Secretary Minor Irrigation Department, Bihar
The court upheld the conviction for forgery and cheating, allowing probation instead of imprisonment due to the petitioner's circumstances.
Prosecution must prove charges beyond reasonable doubt and follow proper procedures in framing charges; failure to do so may result in acquittal.
Procedural irregularities in criminal trials can result in quashing convictions if fair trial principles are violated.
The burden of proof lies with the prosecution, and the case must be proved beyond reasonable doubt.
The main legal point established in the judgment is the application of the Probation of Offenders Act, 1958 to release the accused on probation based on the nature of the offence, the character of th....
The main legal point established in the judgment is that abetment and fraudulent execution of a sale deed constitute offenses under the Indian Penal Code, leading to conviction.
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