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In Re : Authoor Valappil Syed Ahmad Musaliyar - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1914Mad144(2); 24Ind.Cas.976
AppellantIn Re : Authoor Valappil Syed Ahmad Musaliyar
Cases ReferredMokand Lal v. Emperor
Excerpt:
penal code (act xlv of 1860), sections 109, 469, 471 - forgery--abettor--conviction of abettor for using forged document as genuine, legality of. - 1. following queen-empress v. umrao lal 23 aa. 84. [see also mokand lal v. emperor 26 p.r. 1001 cr. and mayne's criminal law, paragraph 608], we set aside the conviction and sentence under section 471 of the indian penal code, as the prisoner was the person who abetted the forgery of the document sought to be used by him as genuine. on the facts we uphold the conviction under sections 467 and 109 of the indian penal code. we reduce the sentence under the circumstances to one of eighteen months' rigorous imprisonment.
Judgment:

1. Following Queen-Empress v. Umrao Lal 23 Aa. 84. [see also Mokand Lal v. Emperor 26 P.R. 1001 Cr. and Mayne's Criminal Law, paragraph 608], we set aside the conviction and sentence under Section 471 of the Indian Penal Code, as the prisoner was the person who abetted the forgery of the document sought to be used by him as genuine. On the facts we uphold the conviction under Sections 467 and 109 of the Indian Penal Code. We reduce the sentence under the circumstances to one of eighteen months' rigorous imprisonment.


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