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
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 :-
| (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. Heard learned counsel for the parties and perused the record.
3. Facts necessary to appreciate the controversy briefly stated are as follows:-
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
AI
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, 1....
Mere attesting witness to sale deed not liable for forgery by impersonation absent benefit; identifier and knowing son liable under Section 468 IPC. Death register entry admissible under Evidence Act....
Forgery – There is presumption of correctness attached to certificate.
Execution of sale deeds exceeding a co-sharer’s share does not constitute forgery or cheating, reaffirming that civil disputes should not be criminalized without clear offences being present.
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.
The court emphasized the importance of independent evidence in establishing guilt and discussed the legal principles related to the comparison of disputed signatures and handwritings with admitted si....
The Court upheld convictions for forgery and related offences, emphasizing that the burden of proof shifts when an individual has not been heard from for an extended period, and hearsay evidence requ....
Prosecution must prove intent and knowledge of forgery to sustain a conviction under IPC Section 466.
Procedural irregularities in criminal trials can result in quashing convictions if fair trial principles are violated.
The main legal point established in the judgment is that the accused can be prosecuted for forgery even if they were not the direct signatories of the false document, as long as they were involved in....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.