Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 – ss.420 465 464 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – ss.420, 464, 465 – Allegation of forgery – Prosecution case was that accused no.1, with the aid of imposter impersonating as the owner of the property belonging to the complainant, created a Power of Attorney (PoA) in his name as if he was her agent and using the said PoA accused-respondent no.1 attempted to transfer the property by executing a mortgage deed in favour of accused-respondent no.2 – Conviction by trial court, upheld by Sessions court – High Court set aside concurrent finding of courts below and ordered acquittal – On appeal, held: A charge of forgery cannot be imposed on a person who is not the maker of the forged document – Explanation 2 to s.464 states that, for constituting an offence under s.464 it is imperative that the accused person is the maker of the false document – In the instant case, there is no finding recorded by trial Court that the accusedrespondents made any false document – It is the imposter who can be said to have made the false document by committing forgery – The prosecution could not prove the offence of forgery by adducing reliable evidence – In such an event trial court as well as appellate court misguided themselves by convicting the accused – High Court rightly acquitted the accused. Investigation – Botched up investigation – Miscarriage of justice – This case on hand is a classic example of poor prosecution and shabby investigation which resulted in acquittal of the accused – The Investigating Officer is expected to be diligent while discharging his duties – He has to be fair, transparent and his only endeavour should be to find out the truth – However, he has not even taken bare minimum care to find out the whereabouts of the imposter who executed the PoA – The evidence on record clearly revealed that PoA was not executed by the complainant and the beneficiary is the accused, still the accused could not be convicted – The latches in the lopsided investigation went to the root of the matter and fatal to the case of prosecution. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 494 |
Petitioner | Sheila Sebastian |
Respondent | R. Jawaharaj & Anr. Etc |
SCR | [2018] 4 S.C.R. 439 |
Judgement Date | 2018-05-11 |
Case Number | 359 |
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