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Hasan Ali Vs. State of Madhya Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal;Family
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 521 of 1976
Judge
Reported inAIR1983SC352b; 1983(1)SCALE101; (1983)2SCC66
ActsIndian Penal Code (IPC) - Sections 120B, 420 and 467
AppellantHasan Ali
RespondentState of Madhya Pradesh
Excerpt:
.....proof as to illegal gratification - appellant/patwari allegedly demanded bribe from complainant for conversion of temporary lease - money was recovered from possession of appellant in his house where trap was laid - number of notes recovered had matched with numbers noted - evidence of complainant and other witnesses was consistent and credible appellant could not rebut presumption under section 20 by adducing evidence to prove defence plea that amount was paid as repayment of loan held, conviction of appellant is proper. .....20th day of december 1968, forged a certain document purporting to be a valuable security to with nikagh-form in respect of your marriage with sirinbai with intent to commit fraud or that fraud may be committed and you thereby committed an offence punishable under section 467 of indian penal code and within the cognizance of court of sessions.2. the main allegation is that the appellant forged a nikah form. the charge does not mention under what circumstances the document was forged. it is vague. even when the oral evidence was adduced at the trial no evidence was produced to prove the charge. in the circumstances we find no legal evidence on the basis of which he could be convicted. for these reasons, the appeal is allowed and the conviction and sentence of the appellant under section.....
Judgment:
ORDER

1. The appellant has been convicted under Section 467 of the Indian Penal Code. He was also charged under Section 420 read with Section 120B IPC but he was acquitted of that charge. The charge against the appellant of which he was convicted runs thus:

You on or about any date after 20th day of December 1968, forged a certain document purporting to be a valuable security to with Nikagh-form in respect of your marriage with Sirinbai with intent to commit fraud or that fraud may be committed and you thereby committed an offence punishable under Section 467 of Indian Penal Code and within the cognizance of Court of Sessions.

2. The main allegation is that the appellant forged a Nikah form. The charge does not mention under what circumstances the document was forged. It is vague. Even when the oral evidence was adduced at the trial no evidence Was produced to prove the charge. In the circumstances we find no legal evidence on the basis of which he could be convicted. For these reasons, the appeal is allowed and the conviction and sentence of the appellant under Section 467 IPC are set aside and he is acquitted of the charge. His bail bonds are cancelled. The appeal is accordingly allowed.


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