DHARAM PAL BHARDWAJ Vs. STATE

JUDGEMENT

(1.) Dharam Pal Bhardwaj was tried in the Court of additional Sessions Judge Delhi for offence under Section 170 and 474 Indian Penal Code . He was, however, acquitted of the former charge. Conviction instead followed under Section 474 Indian Penal Code ., and the sentence awarded was two years' rigorous imprisonment and a fine of Rs. 2,000/ in default of payment of fine, he has been required to undergo further rigorous imprisonment for six months.

(2.) Dharam Pal, appellant, feeling aggrieved, has now moved the present appeal before this Court. The State, however, has not come in any appeal.against his acquittal under Section 170 Indian Penal Code ., although it .must be said that the Judgment of the learned trial court, acquitting him on this count, does not appear to be based on sound reasoning. The evidence of two independent respectable witnesses, one of whom was the complainant in the case and is a Dentist by profession, was ignored on a minor infirmity of particular part of statement having not been stated before the police under Section 161 Cr.P.C. Since this part of the controversy is not germane to this appeal, I need not go further on this aspect or discuss the evidence which was led in this regard before the trial court.

(3.) The conviction has been made under Section 474 Indian Penal Code . which makes it an offence to be in possession of any document knowing the same to beforged and intending that the same shall fraudulently or dishonestly be used as genuine. In case such document purports to be a record of proceeding of or in a court of justice, or made by a public servant in his official capacity as envisaged by Section 466 Indian Penal Code ., the punishment prescribed is 7 year with fine. If, however, such document purports to be a valuable security or Will or an authority of adoption etc., as mentioned in Section 467 Indian Penal Code ., the punishment can extend upto imprisonment for life along with fine.