LAWS(PVC)-1910-3-18

VENKARAJU VENKATASAMI Vs. EMPEROR

Decided On March 30, 1910
VENKARAJU VENKATASAMI Appellant
V/S
EMPEROR Respondents

JUDGEMENT

(1.) THE two accused in this case signed a bail bond with names which were not their own, and have been convicted under Section 465 of the Indian Penal Code of forgery by making a false document. We do not think the conviction can stand under Section 464 of the Indian Penal Code. A person makes a false document who dishonestly or fraudulently signs a document with the intention of causing it to be believed that the document was signed by a person by whom he knows it was not signed. Now in this case, the accused had before signing said to the Sub-Magistrate that their names were the names they after wards signed to the bail bond. THEre could, therefore, be no intention to cause the Sab-Magistrate to believe that the bail bond was signed by any person real or fictitious other than the accused.

(2.) WE, therefore, set aside the conviction, acquit the accused of forgery under Section 465 of the Indian Penal Code and direct their immediate release.