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Supreme Court of India 2018-05-11 dismissed

Sheila Sebastian vs R. Jawaharaj & Anr. etc

Bench: 2 — N.V. Ramana

In Brief

This appeal challenges the acquittal of two respondents accused of forgery. The respondent allegedly used an imposter to create a fraudulent Power of Attorney to transfer property belonging to the complainant's deceased mother. The trial court and appellate court had convicted them, but the High Court acquitted them. The Supreme Court dismissed the appeal, holding that for a forgery conviction under Section 465 IPC, the accused must be the actual maker of the false document. Since only the imposter created the forged Power of Attorney and the respondents did not themselves sign or execute it, they cannot be held liable for forgery. The Court noted poor investigation and affirmed the High Court's acquittal.

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Criminal Law Forgery Evidence Penal Procedure Document Falsification

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