Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2018 (5) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (5) TMI 2148 - SUPREME COURTOffence of Forgery - attempt to transfer the property of complainant by executing a mortgage deed by using Power of Attorney - Section 465 of the Indian Penal Code, 1860 - HELD THAT:- Section 463 defines the offence of forgery, while Section 464 substantiates the same by providing an answer as to when a false document could be said to have been made for the purpose of committing an offence of forgery Under Section 463, Indian Penal Code. Therefore, Section 464 defines one of the ingredients of forgery i.e., making of a false document. Further, Section 465 provides punishment for the commission of the offence of forgery. In order to sustain a conviction Under Section 465, first it has to be proved that forgery was committed Under Section 463, implying that ingredients Under Section 464 should also be satisfied. Therefore unless and untill ingredients Under Section 463 are satisfied a person cannot be convicted Under Section 465 by solely relying on the ingredients of Section 464, as the offence of forgery would remain incomplete. Keeping in view the strict interpretation of penal statute i.e., referring to Rule of interpretation wherein natural inferences are preferred, it is observed that a charge of forgery cannot be imposed on a person who is not the maker of the same. As held in plethora of cases, making of a document is different than causing it to be made. As Explanation 2 to Section 464 further clarifies that, for constituting an offence Under Section 464 it is imperative that a false document is made and the Accused person is the maker of the same, otherwise the Accused person is not liable for the offence of forgery. This case on hand is a classic example of poor prosecution and shabby investigation which resulted in the 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. The Investigating Officer has not even taken bare minimum care to find out the whereabouts of the imposter who executed the PoA. The evidence on record clearly reveals that PoA was not executed by the complainant and the beneficiary is the Accused, still the Accused could not be convicted. The prosecution could not succeed to prove the offence of forgery by adducing cogent and reliable evidence. Apart from that, it is not as though the Appellant is remediless. She has a common law remedy of instituting a suit challenging the validity and binding nature of the mortgage deed and it is brought to our notice that already the competent Civil Court has cancelled the mortgage deed and the Appellant got back the property. Appeal dismissed.
|