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2025 Supreme(Online)(Sikk) 48

HIGH COURT OF SIKKIM
Meenakshi Madan Rai, J
Ranjit Ghimirey – Appellant
Versus
State of Sikkim – Respondent
Crl.A. No.10 of 2024|Crl.A. No.11 of 2024

Advocates:
For the Appellants/Petitioners: R. C. Sharma, Jorgay Namka, Zola Megi
For the Respondents: Shakil Raj Karki, S. K. Chettri

A criminal conviction based on circumstantial evidence requires a complete, unbroken chain of facts excluding all hypotheses except guilt. Suspicion, however strong, cannot replace proof, and handwriting expert testimony requires substantial independent corroboration to sustain a conviction.

Headnote:(A) Indian Penal Code, 1860 - Sections 468, 471, 420, 34 and 120B(2) - Prevention of Corruption Act, 1988 - Section 13(1)(c)(d) punishable under Section 13(2) - Offences of forgery, cheating and criminal conspiracy - Conviction based on circumstantial evidence - Requirement of complete chain - Principles for appreciation of circumstantial evidence - When a case is based on circumstantial evidence, the chain of circumstances must be fully established and consistent only with the hypothesis of guilt, excluding any other hypothesis - Suspicion, however strong, cannot take the character of proof. (Paras 10, 12 and 14)

(B) Evidence Act - Handwriting Expert - Assessment of expert opinion - Unsafe to base conviction solely on the testimony of a handwriting expert without substantive corroboration by other direct or circumstantial evidence. (Para 13)

Facts of the case:
The appellants were convicted by the trial court for various offences under the Indian Penal Code and Prevention of Corruption Act related to the alleged fraudulent procurement of a loan by impersonating a land owner and using forged documents. The prosecution alleged that the first appellant obtained land records through deceit, used forged signatures and documents supported by a fake inspection report provided by the second appellant while acting in an official capacity. Both appellants denied the charges, asserting lack of evidence and failure to connect them to the crime.

Findings of Court:
The court found that the prosecution failed to establish a direct link between the appellants and the alleged crimes. The evidence provided was riddled with contradictions, lack of clear identification, and reliance on photocopies of documents without proper explanation for the originals. The court emphasized that the prosecution failed to complete the chain of circumstantial evidence and that the reliance on expert handwriting opinions was insufficient without corroboration. The court concluded that suspicions do not constitute proof beyond reasonable doubt.

Issues: The central issues were whether the evidence sufficiently established the criminal conspiracy and forgery allegations and whether the prosecution proved its case beyond reasonable doubt through a complete chain of circumstantial evidence.

Ratio Decidendi: Where a criminal conviction rests upon circumstantial evidence, the prosecution must ensure a complete chain of circumstances leaving no reasonable ground for innocence. Suspicion, however strong, does not satisfy the legal standard of proof beyond reasonable doubt. Furthermore, handwriting expert opinion cannot form the sole basis for a conviction absent substantial corroborative evidence.

Result: Appeals allowed; convictions and sentences set aside; appellants acquitted.

Table of Content
1. overview of the parties, charges, and procedural history. (Para 1 , 2 , 3 , 4)
2. summary of defense contentions regarding lack of evidence and prosecution's case presentation. (Para 5 , 6 , 7)
3. critical evaluation of evidentiary gaps and witness credibility in proving the identity of the accused. (Para 8 , 9 , 10 , 11)
4. application of the principles of circumstantial evidence and the requirement for proof beyond reasonable doubt. (Para 12 , 13 , 14)
5. setting aside of convictions and final acquittal of the appellants. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21)

JUDGMENT

Meenakshi Madan Rai, J.

1. Crl.A. No.10 of 2024 (Ranjit Ghimirey vs. State of Sikkim) and Crl.A. No.11 of 2024 (Madan Subba vs. State of Sikkim), are being disposed of by this common Judgment.

2. For brevity, the Appellant in Crl.A. No.10 of 2024, shall be referred to as “A1” and the Appellant in Crl.A. No.11 of 2024 as “A2”.

3. A1 was convicted and sentenced to undergo simple imprisonment for a term of three years each, under Sections 468, 471, 420 read with Section 34 and Section 120B(2) of the IPC along with fine of ₹ 10,000/- (Rupees ten thousand) only, each, under each of the Sections with default stipulations.

(i) A2 was convicted and sentenced to undergo simple imprisonment for three years each under Section 420/34, Section 120B(2) of the IPC and under Section 13(1)(c)(d) punishable under Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter, the “PC Act”), along with fine of ₹ 10,000/- (Rupees ten thousand) only, each, under each of the Sections with default stipulations. He was acquitted of the offences under Sections 468 and 471 of the IPC.

(ii) The convictions ensued, following the trial of A1 and A2 in the Court of the Learned Special Judge (PC Act, 1988), Gangtok, Sikkim, in ST (Vig) Case No.02 of 2019 (State of Sikkim vs. Ranjit Ghimirey and Another).

4. The Prosecution case commenced with the lodging of FIR (Ext P-45/P.W.18), by the Complainant, Man Bahadur Tamang PW-6, on 31-08-2016, at around 11.30 hours, alleging that A1 had taken his handwritten “parcha khatiyan” (land title documents) from him, assuring him that he would obtain a computerised copy of the document as written documents were redundant. He failed to return the document despite lapse of a long period of time. On 20-05-2016, PW-6 received a Notice from the District Collector‟s Office, at Gangtok, Sikkim, seeking repayment of the loan availed by him. As he had not taken any loan he made enquires, during which it came to light that, A1 by impersonating him (PW-6) had utilised his land documents to obtain a hotel loan from the Sikkim Industrial Development and Investment Corporation Limited (SIDICO), having affixed the photograph of Chandra Kumar Rai PW-33, on the loan application dated 03-12-2008. A1 prepared and signed the requisite loan documents. A2 at the relevant time was posted as General Manager, SIDICO, Jorethang Branch. In the context of the loan application of A1, A2 is alleged to have submitted two false inspection reports dated 30-11-2008 and 24- 12-2008. In the first inspection report, dated 30-11-2008, he recommended that an “Agarbatti” factory was a viable proposition and that Man Bahadur Tamang (PW-6, the Complainant) was a businessman, running a grocery shop, one taxi van and a garment business in the locality. That, loan be sanctioned to him. Based on this false report, a loan of ₹ 1,00,000/- (Rupees one lakh) only, was sanctioned by the SIDICO on 03-12-2008. The loan amount was to be released in two tranches. On 03-12-2008 he filed an application seeking release of the first instalment of ₹ 50,000/- (Rupees fifty thousand) only, which came to be released on 16-12- 2008. In the second inspection report, dated 24-12-2008, A2 claimed to have seen a lease agreement between Man Bahadur Tamang (PW-6) and his landlord Tilak Lohagun (PW-23), regarding the location of the restaurant. He claimed to have inspected the proposed location for which furni

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2025 Supreme(Online)(Sikk) 48

HIGH COURT OF SIKKIMMeenakshi Madan Rai, JRanjit Ghimirey – AppellantVersusState of Sikkim – RespondentCrl.A. No.10 of 2024|Crl.A. No.11 of 2024

A criminal conviction based on circumstantial evidence requires a complete, unbroken chain of facts excluding all hypotheses except guilt. Suspicion, however strong, cannot replace proof, and handwriting expert testimony requires substantial independent corroboration to sustain a conviction.

Cases Referred (11)

HIGH COURT OF SIKKIM
Meenakshi Madan Rai, J
Ranjit Ghimirey – Appellant
Versus
State of Sikkim – Respondent
Crl.A. No.10 of 2024|Crl.A. No.11 of 2024