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T. AMARNATH GOUD
Rajkumar Chakma – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
T. Amarnath Goud, J. - This is a petition under Section 397(1) read with Section 401 of the CrPC, 1973 against the dismissal of appeal vide order dated 05.04.2018 in Criminal Appeal No. 02 of 2016 of the revision petitioner passed by the Judge, North Tripura, Dharmanagar in connection with Crl. (A) 02 of 2016 which was arising out of order dated 05.12.2015 passed by Sub-Divisional Judicial Magistrate, Kanchanpur, North Tripura, in case No. GR 106 of 2012.
2. The brief fact of the prosecution is that one Soniyel Reang @ Saniyel Rai Reang of Chutta Kangrai, P/S-Kanchanpur, North Tripura on being convicted by the Ld. Court of Additional Session Judge Dharmanagar, North Tripura in connection with Kanchanpur P/S Case No. 02/2008, U/S. 302 of IPC preferred appeal against the said order of conviction and sentenced before the Hon'ble Gauhati High Court, Agartala Bench, Agartala claiming himself to be juvenile at the time of the commission of the offence, which was alleged to have taken place on 06.01.2008. In support of his contention said Soniel Reang @ Saniyel Rai Reang produced a photocopy of the Transfer Certificate bearing Serial No. 130082, Damcherra, North Tripura, wherein, t
Prosecution must prove charges beyond reasonable doubt and follow proper procedures in framing charges; failure to do so may result in acquittal.
The prosecution must establish all elements of the alleged offences beyond a reasonable doubt, and the burden of proof never shifts to the accused. In the absence of credible evidence linking the acc....
The court upheld the conviction for forgery and cheating, allowing probation instead of imprisonment due to the petitioner's circumstances.
The prosecution failed to establish essential elements of forgery and use of a forged document, leading to the appellant's conviction being unsustainable.
The use of a forged document to misrepresent qualifications for employment constitutes cheating and forgery under IPC and corruption under relevant statutes.
The main legal point established in the judgment is the abuse of process of law and the exercise of inherent powers of the High Court under Section 482 Cr.P.C. to quash the impugned FIR and all crimi....
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