Sukh Ram Vs. State of Himachal Pradesh
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Head Note
Indian Penal Code,1860 - Section 468 , Section 471
Forgery and falsification of records - Misappropriated the government money - Disbursement of loans - Forged the loan documents - Forging signatures and thumb impressions on the applications and acknowledgement receipts - Documents were forged to avail the loan and the loan amount and subsidy amount were misappropriated - Government scheme for providing loans at the cheaper interest rates to poor persons living below the poverty line to enable them to purchase sheeps, buffalos, horses and for running small businesses and for development of land etc. - Upon recommendation of the Block Development Officer (BDO), the bank disbursed these loans to the beneficiaries - Accused was a Gram Sewak - Held, the occurrence was of the year 1983-1986 - The authority of the Executive Magistrate to take specimen signatures during the course of investigation cannot be disputed - In any event, even dehors opinion evidence of handwriting expert, there is clear oral evidence denying their signatures in the loan application and other documents - Affirming the evidence the High Court has rightly reversed the judgment of acquittal and found the accused guilty of the offences - Accused is more than 75 years of age and is suffering from severe ailments; he has prayed for reduction of sentence of imprisonment. Considering the facts and circumstances of the case and that the innocence of the villagers has been misused to siphon the public money, not inclined to reduce the sentence of imprisonment of the accused.
Topic(s)-Forgery and falsification of records