(1.) Mrs. Poonam Jain faced a trial before the Third Metropolitan Magistrate, George Town, Madras, in C.C.No.3055 of 1977 for an offence under Ss. 471, I.P.C., and 420, I.P.C., read with S. 511, I.P.C., in that, on or about 5th August, 1973 at Madras, she fraudulently used as genuine a forged Tamil Nadu Raffle Ticket bearing No. M.N. 105040 and thereby attempted to cheat the Government of Tamil Nadu by claiming the first prize of rupees one lakh. The learned Magistrate found her not guilty of both the charges and acquitted her. Aggrieved by the said order of acquittal the State has preferred this appeal.
(2.) The prosecution has examined five witnesses to prove the case against the accused. For the 77th draw of the Tamil Nadu Raffle, tickets were issued to several agents. Ticket No. M.N.105040 was allotted to one A.M. Krishnaswami Chettiar, Tamil Nadu Raffle Ticket Agent, Ooty. P.W.3, another agent of Tamil Nadu Raffles purchased the said ticket from A.M. Krishnaswami Chettiar and sold it. The said ticket is marked as Ex.P2 in this case which bears the rubber stamp of P.W. 3.
(3.) The 77th draw of the Tamil Nadu Raffles was held on 11th July, 1975 at Rajaji Hall, Madras Ticket No. MN. 105040 secured first prize of rupees one lakh. The accused claimed the prize amount of rupees one lakh through the Punjab National Bank, New Delhi Branch, for which she sent Ex.P1 application along with Ex.P2, the ticket and Ex.P6 a cash receipt. P.W 1, Senior Accounts Officer in the Director of Tamil Nadu Raffles, scrutinised Ex.P2 and found the first digit 'O' from the right side was not free from doubt. Hence he sent it to the Director of Stationery and Printing, Madras, for examination and opinion.