FON BOB COOPER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE revisional application under Section 482 of the Code of Criminal procedure is directed against the judgment and order dated 15th September, 2007 passed by the learned Additional Sessions Judge, Bongaon in connection with Criminal Appeal No. 1 of 2007, whereby and whereunder, the learned sessions Judge dismissed the appeal preferred by the petitioners herein and affirmed the order of conviction and sentence passed by the learned Additional chief Judicial Magistrate, Bongaon in connection with G. R. Case No. 1155 of 2005.

(2.) THE petitioners herein are impleaded as accused in connection with the above-noted case. In the revisional application the petitioners took the point that the order of conviction and sentence passed by the learned trial court and affirmed by the learned Court of appeal is based on insufficient evidence. There is no proof of forgery and during the course of prosecution, no evidence of any expert was at all recorded. The learned Court below also failed to take into account that the seized documents were not produced and the alleged forged documents were never compared by the learned Court below. It is further contended that no evidence could be collected from the place where the passports and visas, which are the subject matter of forgery, were issued.

(3.) LEARNED Advocate for the O. P. State submitted that in this case the High Court will be slow to upset the concurrent finding of both the Courts below. It is further contended that re-appreciation of evidence as sought to have been advanced by the petitioners herein cannot be permitted. In this connection, it may be pointed out that the power of this Court under section 401 of the Code of Criminai Procedure was considered by the Hon'ble Supreme court in the case of Dull Chand v. Delhi Adminstrtion reported in AIR 1975 SC 1960. Three Judges of the Hon'ble Apex Court held that the jurisdiction of the high Court in a criminal revision application is severely restricted and it cannot embark upon re-appreciation of evidence.