NIPURN DEVENDRABHAI PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has challenged the impugned judgment and order dated 19.06.2018 passed by learned 2 nd Additional Chief Judicial Magistrate, Mehsana in Criminal Case No.6390 of 2012.

(2.) Heard learned advocate for the applicant and learned APP for the respondent-State.

(3.) It is submitted by learned advocate for the applicant that without any cogent evidence of fake documents as relied upon by the prosecution, Trial Court as well as Appellate Court have wrongly convicted the present applicant. It is further submitted that no original documents have been produced on record by the prosecution and however, no ingredients under Section 406 , 420 , 465 , 468 and 471 of I.P.C. were proved by the prosecution. Applicant is erroneously sentenced by the Trial Court as well as confirmed by the Appellate Court. That no witness was examined during the trial for comparing the documents with the original. The persons, who had prepared xerox copies of the purported forged documents were not known or not examined. It is further submitted that the prosecution has failed to prove that xerox copies, on the basis of which the trial was proceeded, were actually the xerox copies of the original documents submitted by the applicant. That xerox copies of purported certified copies of purported original documents would not mean the criteria enshrined in Section 63 of Indian Evidence Act. That Section 406 of I.P.C. is not attracted in the present case since there is no entrustment of any property to the applicant.