SWAPAN KUMAR DUTTA Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this application under sec. 401 of the Code of Criminal Procedure read with Article 227 of the Constitution of India assailing the judgment and order dtd. 30/9/2021 passed by learned Sessions Judge, Andaman and Nicobar Islands, Port Blair in Criminal Appeal No. 7 of 2019, whereby the appeal was allowed on contest and the petitioner, who was acquitted by learned Judicial Magistrate, Port Blair in G.R.Case No.3844 of 2005 was found guilty of the offences punishable under Sec. 468/471 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for three years and pay a fine of Rs.10,000.00 in default to suffer simple imprisonment for six months for the offence under sec. 468 of the Indian Penal Code and also sentenced the petitioner to suffer rigorous imprisonment for two years and to pay a fine of Rs.5000.00 in default to suffer simple imprisonment for three months for the offence punishable under sec. 471 of the Indian Penal Code.

(2.) The fact of the case, in brief, is that a complaint was lodged by Mamata Ghosh under sec. 156(3) of Cr.P.C before learned Chief Judicial Magistrate, Port Blair which was registered as Aberdeen Police Station Case No.1034/2005 dtd. 12/8/2005, to the effect that the defacto complainant Mamata Ghosh instituted a civil suit against the petitioner and one Brojendra Kumar Das for specific performance of a contract. In that suit, a written objection was filed by the petitioner enclosing a document purportedly executed between Mamata Ghosh and Brojenda Kumar Das. According to the defacto complainant it is a forged document, manufactured with an object to cheat her and grab her entire property. Police investigated into the complaint and submitted Charge Sheet against the petitioner under Sec. 468/471/420 of the Indian Penal Code. A charge was framed against the accused petitioner before the Court of learned Judicial Magistrate, Port Blair.

(3.) In course of trial, prosecution examined seven witnesses and the report of the Hand-Writing Expert of the questioned document was admitted in evidence without examining the Government Examiner of questioned document. The questioned document was marked as Exhibit-19, which is a purported money receipt dtd. 18/8/2002 and apart from other documents, the report of Hand-Writing Expert was marked as Exhibit-20.