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2022 Supreme(UK) 301

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Ranveer Singh - Revisionist
Versus
State of Uttarakhand - Respondent
Criminal Revision No. 777 of 2019
Decided On : 02-11-2022

Advocates:
Advocate Appeared:
For the Revisionist :Mr. T.A. Khan, Senior Advocate, assisted by Ms. Sadaf Gaur, Advocate.
For the Respondent: Mr. V.S. Rathore, A.G.A.

The main legal point established in the judgment is the requirement for admissible evidence to prove criminal charges, emphasizing the standards for proving documents under the Indian Evidence Act, 1872.

Headnote:

Forgery - Criminal Case - Uttar Pradesh Abolition and Lard Reforms Act, 1950 - Sections 420, 467, 468, 471 IPC

Fact of the Case:

The case involved the conviction of the revisionist under Sections 420, 467, 468, 471 IPC for forging an agreement to sell property. The prosecution alleged that the revisionist, along with co-accused, prepared a forged agreement to sell property and placed it in a proceeding under the Uttar Pradesh Abolition and Lard Reforms Act, 1950.

Finding of the Court:

The court found that the prosecution failed to prove the charge against the revisionist. It held that the documents relied upon by the lower courts were not admissible and did not prove the charge against the revisionist. As a result, the revisionist was acquitted of all charges.

Issues: The key issue was whether the prosecution had provided sufficient evidence to prove the charge of forgery against the revisionist.

Ratio Decidendi: The court emphasized that the documents relied upon by the lower courts were not admissible and did not prove the charge against the revisionist. It highlighted the requirements for proving documents under the Indian Evidence Act, 1872 and concluded that the prosecution had failed to provide legally admissible evidence.

Final Decision: The revision was allowed, and the impugned judgments and orders dated 08.10.2012 and 07.12.2019 were set aside. The revisionist was acquitted of all charges.

JUDGMENT :

The challenge in this revision is made to the following :-

    (1) The judgment and order dated 08.10.2012, passed in Criminal Case No. 480 of 2011, State Vs. Ranveer Singh, by the court of 2nd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar (“the case”). By it, the revisionist has been convicted under Sections 420, 467, 468, 471 IPC and sentenced as hereunder :-

(i)

Under Section 420 IPC:

 to undergo rigorous imprisonment for a period of three years with a fine of Rs. 1000/-

 In default of payment of fine to undergo simple imprisonment for a further period of one month.

(ii)

 Under Section 467 IPC:

to undergo rigorous imprisonment for a period of three years with a fine of Rs. 1000/-

 In default of payment of fine to undergo simple imprisonment for a further period of one month.

(iii)

 Under Section 468 IPC:

to undergo rigorous imprisonment for a period of three years with a fine of Rs. 1000/-

 In default of payment of fine to undergo simple imprisonment for a further period of one month.

(iv)

Under Section 471 IPC:

to undergo rigorous imprisonment for a period of two years with a fine of Rs. 1000/-

 In default of payment of fine to undergo simple imprisonment for a further period of one month.

    (2) Judgment and order dated 07.12.2019, passed in Criminal Appeal No. 230 of 2012, Ranveer Singh Vs. State, by the court of Additional Sessions Judge, Rudrapur, District Udham Singh Nagar. By it, the judgment and order dated 08.10.2012 passed in the case has been upheld.

2. Heard learned counsel for the parties and perused the record.

3. Facts necessary to appreciate the controversy briefly stated are as follows:-

    PW1 Pramjeet Singh filed an application under Section 153 (3) of the Code of Criminal Procedure, 1973 (“the Code”) which is basis of the case. According to it, his wife had purchased certain property from one Harvinder Singh through power of attorney holder Manjeet Kaur for Rs. 25 Lakh. One Jaswant Singh had also purchased certain property from its owner Swaraj Singh through power of attorney holder Manjeet Kaur for Rs.11,66,000/-. But, according to the application, the revisionist alongwith coaccused, under a conspiracy, in order to grab the property purchased by Gurjeet Kaur and Jaswant Singh, prepared a forged agreement to sale on 10.12.1995 (for short “the agreement to sale”) purported to have been executed by Swaraj Singh and Harvinder Singh. The signatures of Swaraj Singh and Harvinder Singh were forged on the agreement to sale. This agreement to sale was placed in a proceedings under Section 229 B of the Uttar Pradesh Abolition and Lard Reforms Act, 1950 (“the Act”). According to the application, on 10.12.1995, Swaraj Singh and Harvinder Singh were not in India. They were in England. This application was allowed and FIR was registered. The Investigating Officer collected information and after investigation, submitted charge sheet against the revisionist, which is basis of the case. On 25.04.2012, charge under Sections 420, 467, 468, 471 IPC were framed against the revisionist. To which, he declined and claimed trial.

4. In order to prove its case, prosecution examined six witnesses, namely, PW1 Paramjeet Singh, PW-2 Hem Chandra Sharma, PW3 Smt. Poonam Mehrotra, PW4 Kheem Singh Adhikari, PW5 Mohd. Yameen and PW6 Ravindra Singh Toliya.

5. The revisionist was examined under Section 313 of the Code. According to him, he has been falsely implicated. In his defence, the revisionist produced two witnesses, namely, DW1 Arun Kumar and DW2 V.K. Agarwal.

6. After hearing the parties, by the impugned judgment and order, the revisionist has been convicted and sentenced as stated hereinbefore. The judgment and order dated 08.10.2012 has been unsuccessfully challenged in appeal. Hence, the revision.

7. Learned counsel for the revisionist

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