Indian Penal Code, 1860, Section 471 -- Forgery - Ingredients - (i) fraudulent or dishonest use of document as genuine - (ii) knowledge or reasonable belief on the part of person using the document that it is a forged one - To attract section 471 it is not necessary that accused himself had forged the document or person independently charged for forgery of the document..........
Indian Penal Code, 1860, Section 471 -- Words and Phrases - Intention - Knowledge - Reason to believe - Are state of mind - Reason to believe is not the same thing as suspicion or doubt and mere seeing also cannot be equated to believing - Reason to believe is a higher level of state of mind - Knowledge is slightly on higher plane than reason to believe - If a reasonable..........
Indian Penal Code, 1860, Section 471, 120B -- Forgery - Acquittal of co-accused charged for conspiracy - Will not affect the accusations under Section 471 - If the charge of conspiracy is followed by substantive charge of another offence there is nothing to prevent the Court convicting an accused for the substantive charge even if the prosecution had failed to establish..........
Indian Penal Code, 1860, Section 471, Probation of Offenders Act, 1958, Section 4 -- Sentence - Forgery - Speedy Trial - - Incident 25 years old - Accused seeking admission in medical college on the basis of forged mark sheets thereby depriving eligible candidates to get seats - Offence very serious in nature - Uncalled for leniency or undue sympathy will be misplaced and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Anticipatory bail - Money extracted for sending abroad - Parties compromising - Anticipatory bail sought on the ground that matter is of recovery of money and question whether element of cheating is involved is a matter for trial and custodial interrogation is not..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- A person impersonated and drawing money from bank - Said person acquitted as prosecution could not prove the offence - Petitioner a co-accused who identified the accused at the time of withdrawal of amount cannot be convicted when accused who received the amount is acquitted...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 467, 468, 471, 120B -- Public servant - Offence committed u/ss 467, 468, 471 & 120-B - Sanction for prosecution is not required - It is no part of duty of a public servant while discharging his official duties to commit such offence...........
Indian Penal Code, 1860, Section 409, 405, 468, 471 -- Misappropriation - Accused an employee of Post Office - Accused allowed payment on some forged vouchers - No proof that accused had knowledge of forgery or had conspired with forgers - Mens rea not proved - Accused acquitted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 471 -- Pre-arrest bail - Forgery case - Accused evading arrest for two months by eluding police - Speaks volume of their capacity to hide themselves from due process of law for a long period - The competence of the petitioners to hide strengthens the belief that they may not even be available..........
Indian Penal Code, 1860, Section 468, 471 -- Forgery - Not to be presumed - It has to be proved...........
