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Shriniwas Pandit Dharamadhikari and ors. Vs. State of Maharashtra - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Judge
Reported in(1980)4SCC551; 1980(12)LC908a(SC)
ActsIndian Penal Code (IPC) - Sections 4, 6, 30, 417, 420, 465, 467, 471 and 511
AppellantShriniwas Pandit Dharamadhikari and ors.
RespondentState of Maharashtra
Excerpt:
criminal - forgery - sections 4, 4, 30, 417, 420, 465, 467, 471 and 511 of indian penal code, 1860 and section 4 and 6 of probation of offenders act, 1958 - forged certificates by accused cannot be described as 'valuable security' defined in code - conviction of appellant for forgery of valuable security unreasonable - offence committed by accused is forgery under section 465 - conviction liable to be altered to one under section 471 read with section 465 - circumstances of case provides for remand of matter to trial court to determine whether appellant entitled to benefit under act of 1958 or not - held, trial court liable to pass sentence for guilt already established if accused found ineligible to get benefit of act. - [a.k. sarkar,; j.r. mudholkar,; k. subbarao,; n. rajgopala..........under sections 417 and 420 read with section 511 and section 471 read with section 467 of the indian penal code and sentenced to various terms of imprisonment and fine for those offences. having heard counsel for both sides we do not find any reason to disturb the order of conviction in respect of offences under sections 417 and 420 read with section 511 but as regards the offence under section 471 read with section 467 i.p.c. we do not think that the two certificates the appellant has been found to have forged to get admission in the arts the commerce college affiliated to poona university could be described as 'valuable security' as the expression is defined in section 30 of the indian panel code. we therefore alter the conviction under the aforesaid sections to one under section.....
Judgment:

A.C. Gupta, J.

1. The appellant was convicted of offences under Sections 417 and 420 read with Section 511 and Section 471 read with Section 467 of the Indian Penal Code and sentenced to various terms of imprisonment and fine for those offences. Having heard Counsel for both sides we do not find any reason to disturb the order of conviction in respect of offences under Sections 417 and 420 read with Section 511 but as regards the offence under Section 471 read with Section 467 I.P.C. we do not think that the two certificates the appellant has been found to have forged to get admission in the Arts the Commerce College affiliated to Poona University could be described as 'valuable security' as the expression is defined in Section 30 of the Indian Panel Code. We therefore alter the conviction under the aforesaid sections to one under Section 471 reads with Section 465 of the Indian Penal Code. However, having regard to the facts and circumstances of the case we set aside the sentences passed against the appellant and remit the matter to the trial Court to consider, as provided in Section 6 of the Probation of Offenders Act, 1958, whether the appellant should be given the benefit of Section 4 of the said Act. If the trial Court does not find it expedient to release the appellant on probation of good conduct under Section 4 of that Act, it should then pass proper sentences on the appellant for the offences of which the appellant has been found guilty. The fine Imposed on the appellant, if paid, shall be refunded. The appeal is disposed of as above.


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