STATE Vs. MELWYN FRANCIS FERNANDES

JUDGEMENT

(1.) HEARD rival submissions at length on this criminal appeal preferred by the appellant/State challenging the judgment and order of acquittal dated 15/12/2010 passed by JMFC, Mapusa in Criminal Case No.271/S/2002/F.

(2.) BY the impugned judgment and order, the present respondent/accused was acquitted for the offence punishable under Sections 468 and 471 of Indian Penal Code.

(3.) AGAIN prior to discussing the rival arguments, the case of the complainant i.e. PW1 on the basis of which the FIR was lodged is narrated in short. According to the complainant, sometime during May, 2001 and June, 2001, the present respondent/original accused trespassed the house of the complainant and thereby dispossessed the complainant and his wife i.e. PW1 and PW2 from the said house property. Second allegation against the respondent/accused is that he had forged the signature of the wife of the complainant and prepared a fabricated sale deed by which effect is created that the said house property along with the land beneath was sold by the wife of the complainant to the respondent/accused. It is also the factual position that prior to lodging the complaint with the police on 5/09/2010, the Civil Suit was filed for declaration and injunction by the original complainant against the present respondent and also his mother. The suit was filed on 2/07/2001 and admittedly, the said suit has been dismissed. On the said suit, the present respondent had taken shelter of the sale deed. This is the sale deed which according to the complainant is forged document and, as such, knowing this though in June, 2001, he lodged complaint in September, 2001.