Bangalore District Court
Ccb, Ps vs A1. Hafiz Ur Rehaman on 21 July, 2025
KABC030149612016
IN THE COURT OF THE I ADDL.CHIEF JUDICIAL
MAGISTRATE, BENGALURU
Dated: This the 21st July 2025
PRESENT: SRI.MANJUNATHA.K.P.,
B.A.L., LL.B.,
I Addl.Chief Judicial Magistrate, Bengaluru.
C.C.No.5773/2016
COMPLAINANT :- State by CCB (F & M) P.S
(State by Sr.APP)
ACCUSED :- 1. Hapees Ur Rehman
S/o. Mohamad Yusuf Var,
Aged 38 years,
R/at.No.1, M.Krishna Building,
14th 'D' Cross, Ejipura,
Bengaluru,
No.68, 2nd Main,
Koramangala, Bengaluru,
Permanent R/at. No.418,
Mysuma Dubji Partly Post,
Mysuma, Srinagara,
Jammu & Kashmir,
3. Imran Hussain Nadir (split-up),
(By Sri.K.S., Adv)
2 C.C.No.5773/2016
JUDGMENT
This case arise out of split-up charge-sheet filed by the Central Crime Branch (F&M) P.S against the accused No.1 and 3 for the offences punishable U/s.464, 465, 468,471 and 420 R/w.Sec.34 of Indian Penal Code.
Further previously the predecessor of this court disposed the case against accused No.4 to 6 and 8 i.e., C.C No.13036/2013, accused are acquitted from the alleged offences.
2. The sum and substance of the case of the prosecution is as under:-
It is the case of the prosecution that, with common intention to make money illegally, the accused No.3 has created marks card and convocation certificates by running a firm called Fortune Education Society situated at No.17, 2nd floor, Lenard Lane, Richmond Town, Bengaluru and sold the same to failed candidates for Rs.25,000/- to Rs.30,000/- and accordingly the accused Nos.1, 3 and 4 have created marks card and convocation certificate in the name of Diakite Coty Ibrahim Philippe i.e., accused No.2 for BBM Degree, though the accused No.2 has not passed the said degree and similarly the accused No.1, 3 and 4 have created those documents by using computer printer paper bits and sold for Rs.2,000/- per marks card and similarly they have created those documents 3 C.C.No.5773/2016 by colluding with accused Nos.5 and 7 by using seal and created fake certificate, provisional certificates and marks card and sold the same for Rs.1,000/- per marks card in the name of accused No.7. Similarly they have created bonafide certificates of Bengaluru University in the name of accused No.8 and also sold the created documents in favour of failed students and earn money illegally.
Under such circumstances, the complainant has filed a complaint against the accused Nos.1 to 8 before the jurisdictional police. Accordingly, Ashoknagar police have registered the case against the accused Nos.1 to 8 for the offences punishable under Sections U/s.464, 465, 468, 471 and 420 R/w.Sec.34 of Indian Penal Code in Crime No.488/2012.
As per the order of the Commissioner of Police, case file has been transferred to C.C.B (F&M), Bengaluru for investigation. The Investigating Officer, after completion of investigation, has filed the charge sheet against the accused Nos.1 to 8 for the alleged offences.
3. During pendency of the trial, the presence of accused No.3 was not secured in spite of repeated issuance of summons and warrants. Hence, case against him is split-up and the present split-up case is continued only against the accused No.1.
4 C.C.No.5773/20164. After appearance of the accused No.1, necessary documents, as relied on by the prosecution, are furnished to the accused No.1, as provided U/s.207 of Cr.P.C and on hearing both sides, charge was framed, read over and explained to the accused No.1, for which he pleaded not guilty and claimed to be tried. Therefore, the case was posted for prosecution evidence.
5. The CW.1 to CW.34 have been cited as charge sheet witnesses. In order to prove the guilt of the accused No.1, during the course of trial, prosecution has examined PW.1 to PW.9 and got marked Ex.P.1 to Ex.P.89 documents. So far as other charge sheet witnesses are concerned, their presence is not secured, in spite of sufficient time and repeated issuance of summons, warrants and proclamation. Therefore, they are dropped.
6. After completion of prosecution evidence, the statement of the accused No.1 was recorded U/s.313 of Cr.P.C, the accused have not adduced any defence evidence on their behalf. Therefore, there is no defence evidence on behalf of the accused No.1.
7. Heard the arguments of Ld.Sr.APP and counsel appearing for accused No.1.
5 C.C.No.5773/20168. The following points that would arise for my consideration:-
1. Whether the prosecution proves beyond reasonable doubt that with common intention to make money illegally, the accused No.3 has created marks card and convocation certificates by running a firm called Fortune Education Society situated at No.17, 2nd floor, Lenard Lane, Richmond Town, Bengaluru and sold the same to failed candidates for Rs.25,000/- to Rs.30,000/- and accordingly the accused Nos.1, 3 and 4 have created marks card and convocation certificate in the name of Diakite Coty Ibrahim Philippe i.e., accused No.2 for BBM Degree, though the accused No.2 has not passed the said degree and similarly the accused No.1, 3 and 4 have created those documents by using computer printer paper bits and sold for Rs.2,000/- per marks card and similarly they have created those documents by colluding with accused Nos.5 and 7 by using seal and created fake certificate, provisional certificates and marks card and sold the same for Rs.1,000/- per marks card in the name of accused No.7. Similarly they have created bonafide certificates of Bengaluru University in the name of accused No.8 and also sold the created documents in favour of failed students and earn money illegally thereby committed an offence punishable U/s.464, 465, 468,471 and 420 R/w.Sec.34 of Indian Penal Code of IPC?
2. What order?6 C.C.No.5773/2016
9. For the reasons to be stated herein after, My answer to the above points as follows:
Point No.1 - In the Negative Point No.2 - As per final order for the following:-
REASONS
10. Point No.1:- In order to prove the prosecution case, prosecution has examined PW.1 to PW.9 witnesses and got marked Ex.P.1 to Ex.P.89 documents and M.O.1 to M.O.10 objects. In spite of repeated process including summons, proclamation, rest of the prosecution witnesses have not secured, Hence, the predecessor of this court after granted sufficient opportunities, evidence of said witnesses order to be dropped and then statement of accused U/s.313 of Cr.P.C, is recorded.
11. Point No.1:- The contention of the prosecution is that with common intention to make money illegally the accused No.3 has created marks card and convocation certificates by running a firm called Fortune Education Society, situated at No.17, 2nd floor, Lenard Lane, Richmond Town, Bengaluru and sold the same to failed candidates for Rs.25,000/- to Rs.30,000/- and accordingly the accused Nos.1, 3 and 4 have created marks card and convocation certificate in the name of Diakite Coty Ibrahim Philippe i.e., accused No.2 for BBM Degree, though the accused No.2 has not passed the 7 C.C.No.5773/2016 said degree and similarly the accused No.1, 3 and 4 have created those documents by using computer printer paper bits and sold for Rs.2,000/- per marks card and similarly they have created those documents by colluding with accused No.5 and 7 by using seal and created fake certificate, provisional certificates and marks card and sold the same for Rs.1,000/- per marks card in the name of accused No.7. Similarly they have created bonafide certificates of Bengaluru University in the name of accused No.8 and also sold the created documents in favour of failed students and earn money illegally and thereby the accused persons committed the offences punishable under Sections 464, 465, 468, 471 and 420 r/w Section 34 of IPC.
12. It is also important point to be noted at this stage itself that the complainant is not examined in the present case. Further in order to prove the guilty against the accused No.1, the prosecution examined PW.1/Nagesh who is ASI and his evidence was recorded with respect to execution of proclamation and attachment warrant against the accused No.1 when he has absconded to the case. CW.10/PW.2 - Rajanna who is mahazar witness, CW.7/PW.3 - Abdul Salim, CW.18/PW.4 - Somshekar are mahazar witness, CW.16/PW.5
- A.H Mattur who is given report, CW.17/PW.6 - Bharathi she also given report, CW.22/PW.7 - Dr.Fred Felik, 8 C.C.No.5773/2016 CW.32/PW.8 - Kiran Kumar.C who is part Investigating Officer, CW.34/PW.09 - C.V Deepak who is Investigation Officer and prosecution exhibited Ex.P.1 to Ex.P.89 documents.
13. During the course of arguments Ld.Sr.APP and accused counsel argued as per the evidence and prays to dispose the case.
14. Admittedly PW.1/Nagesh he simply stated before the court on process issued by this court he executed proclamation, attachment warrant and he has identified the Ex.P.1 to Ex.P.3 documents, they are Ex.P.1/proclamation, Ex.P.2/attachment warrant and Ex.P.3/spot mahazar. But thereafter accused No.1 has secured, the evidence of PW.1 is not support the prosecution case in any manner.
15. PW.2/Rajanna and PW.3/Adbul Salim mahazar witnesses they admitted that their signatures on Ex.P.4 and Ex.P.5 mahazar dated:24.11.2012 and 18.11.2012 respectively, except admit of their signatures, they nothing stated any evidence against the accused No.1 and in spite of cross- examination by the Ld. App they have not supported the prosecution case.
16. PW.4/Somashekar who is mahazar witness he admitted his signature on mahazar dated:18.11.2012, 9 C.C.No.5773/2016 21.11.2012 and 25.11.2012, he stated about the service in Bengaluru University, as registrar and on receipt of letter from CCB dated:21.12.2012 he given reply to the letter of CCB with regard to non clear of BCA course by 2 persons and the said 2 persons names are not existing in his register, i.e., Tariq Abdul Ahmed and Tariq Alsadig Ull Shafee names are not matching with actual register and has identified his signatures on Ex.P.6 documents i.e., reply letter. In his cross-examination he admitted that he has not aware who has created the marks card etc...
17. PW.5/A.H.Mattur who is Joint Director in PU Education Department has stated about issuance of letter by the police dated:28.01.2013 i.e., seeking information about marks cards of 5 candidates by name Aisha Khan and others and also stated about securing of marks by the said 5 persons and identified police requisition as per Ex.P.7 and his reply at Ex.P.8. In his cross-examination nothing elicited from his mouth.
18. PW.8/Bharathi she stated about the given of reply to the police letter as per Ex.P.10, she also stated about the issuance letter by the police as per Ex.P.9 with regard to the given of information about provisional degree certificates of 3 students by name Abdul Bhavekar, Abdulla Galeel Hasan and 10 C.C.No.5773/2016 Mohammed Mustasim Ali, She also stated that the said persons have not passed any subjects. In her cross-examination nothing elicited from her mouth.
19. PW.7/Dr.Fred Felix who is Retired Principal stated that about seeking information by the police with regard to the course certificates of his college I.e, Ex.P.14 and Ex.P.15. They have in the name of Omar Mohammed Haidrah Ali, it was not issued by his college and one Mr.Dutoziet Christain Jean Henri certificate also not issued by his college. He identified Ex.P.16 certificate, letter of ACP of CCB at Ex.P.17 and course certificate as per Ex.P.18.
20. PW.8/Kiran Kumar who is part Investigation Officer stated before the court that he is working as Technical Expert in CID Cyber, on 04.01.2013 CW.34 has given 2 laptops and CPU, 3 Pen Drives and 4 CDs and on request he had done mirror imaging etc..
21. PW.9/C.V Deepak who is Inspector stated before the court about received of information dated : 17.11.2012 at 6.15 am, then himself and PI Mahadevaswamy went to near Garuda Mall about fake marks card and business, they observed 2 suspected persons in tea shop and they found fake marks card in possession of accused No.1 and found money in the possession of accused No.2. Thereafter they took the 11 C.C.No.5773/2016 accused No.1 and 2 along with marks card and amount and he also stated about recording of statement of Vinod Fayaz and voluntarily statements of accused No.1 and 2 and he identified voluntarily statements of accused No.1 as per Ex.P.21.
22. And also stated that dated: 18.11.2012 we went to the accused No.1' house at Egipura and seized the Laptop and Pen Drive in presence of CW.5 and CW.6 by drawing Ex.P.22 seizure mahazar, he also stated that about went to the house of accused No.2 and prepare of Ex.5/mahazar in presence of CW.7 and CW.8, he also stated about went to the Fortune Education Society dated:19.11.2012 and in which one Williams identified accused No.1.
23. He also stated about the recording of further voluntarily statement of accused No.1 as per Ex.P.24 dated 21.11.2012, he also stated that about seizure of 5 seals, 1 LG CPU, Phillips Monitor, Micro Keyboard, 2 HP Color Printers by drawing panchanama as per Ex.P.23 dated :19.11.2012. He also stated about seizure of Laptop in the house of accused No.4 by drawing Ex.P.25 mahazar, drawing of Ex.P.26 panchanama, he also stated about recording of voluntarily statement of accused No.5 as per Ex.P.27, he also stated about produced of 51 fake marks cards by the accused No.1, convocation certificates, seals, bank passbooks, 4 transient 8 12 C.C.No.5773/2016 GB, HP 4 GB Pen Drives and other objects including Rs.63,500/- cash. He also stated about recording of the voluntarily statements of accused No.6 and 7 as per Ex.P.29 and Ex.P.30 and I.O has arrested of accused No.5 dated 26.11.2012 and drawing of Ex.P.31/panchanama.
24. PW.9 further stated that dated : 25.11.2012 about 10.50 A.M to 12.00 P.M he seized 22 seals from the premises of accused No.1 and also identified the same, Ex.P.32/mahazar drawn on said date and he also stated about seizure of 16 seals, 38 documents, 2 pen drives, 4 C.Ds and cash amount of Rs.63,500/-. In the house of accused No.5 he identified Ex.P.33/mahazar which was drawn in the accused No.5 house including NOKIA mobile, he also stated that about seizure of M.O.7 documents i.e., degree certificates and marks cards belongs to KWAWGNANKON HENRI - MICHAEL and also stated about collection of documents as per Ex.P.37 to Ex.89 documents.
25. As stated above this case is only pending against accused No.1/Hapees Ur Rehman. The case against accused No.4 to 6 and 8 already ended in acquittal under C.C.No.13026/2013. In the said case the predecessor of this court as clearly observed that about non proving of case by the prosecution with respect to the creation of documents by the 13 C.C.No.5773/2016 accused and commit of forgery and use of said forgery documents as genuine one cheating of victims etc.. So herein this case also except examination of PW.2 to PW.9 witnesses marked of Ex.P.1 to Ex.P.89 documents, prosecution has not proved before the court how and in what manner accused No.1 has committed the alleged crime and his responsibility for creation of marks cards and other educational certificates as per the charge sheet materials.
26. Of course PW.9 who is the Investigation Officer stated some relevant portion of evidence against to the accused No.1 with regard to seizure of certain articles out of the possession of accused No.1 in his house, but his evidence alone is not sufficient to convict the accused. Because his evidence is needs to be corroboration, that means corroborative evidence is requires to found guilty of the accused and to convict the accused No.1 for the alleged offences, stated supra except PW.9, none of the witnesses have stated any incriminating evidence against the accused about his involvement in the creation as well as commit of forgery pertaining to the documents, and use of said documents as genuine documents and commit of cheat to the victims as per the charge sheet materials. In the absence of said materials, I have no hesitation to believe that the prosecution has 14 C.C.No.5773/2016 miserably failed to proved the case beyond reasonable doubt as per the ingredients of the alleged sections.
27. In order to prove and establish the creation of documents by the accused No.1, the evidence of hand writing expert is also important, of course expert is examined as PW.8 but his evidence needs to be corroboration. Therefore, non- examination of material witnesses is fatal to the case of the prosecution. On the other hand, the evidence adduced by the prosecution witnesses are all vague. As already stated above, case against the other accused was split up, as their presence was not secured. And case against accused No.4 to 6 and 8 ended in acquitted. The main allegation against the accused Nos.1 is with regard to creation of documents by forging the signatures. Therefore, the evidence adduced by the prosecution, both oral and documentary evidence is not sufficient to prove the guilt of the accused No.1 for the offences punishable U/s.464, 465, 468, 471 and 420 R/w.Sec.34 of IPC, beyond all reasonable doubt. Hence, it is held that the accused Nos.1 is entitled for acquittal for the alleged offences. Accordingly, I answer point No.1 in the negative.
28. Point No.2:- In view of my answer on the point No.1, I proceed to pass the following:
15 C.C.No.5773/2016ORDER Accused No.1 is not found guilty.
Acting U/s.248(1) Cr.P.C., I hereby ACQUIT the accused No.1 for the offences punishable U/s.464, 465, 468, 471 and 420 R/w.Sec.34 of IPC.
The bail bond of the accused No.1 stands cancelled. The cash security offered by accused No.1 for his release on bail shall be refunded on proper identification.
M.O.1 to 6 and 8 to 11 seized in this case keep in proper manner till dispose of other split-up case.
(Dictated by me, typed by the steno, same was corrected by me and then pronounced in open Court on this the 21st July 2025). Digitally signed by KRISHNAPPA KRISHNAPPA PACHERAMALLI PACHERAMALLI MANJUNATHA MANJUNATHA Date: 2025.07.24 12:33:54 +0530 (Manjunatha.K.P) I ACJM, BENGALURU 16 C.C.No.5773/2016 ANNEXURES LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION:-
PW.1 Nagesh PW.2 Rajanna PW.3 Abdul Salim PW.4 Somshekhar PW.5 A.H Mattur PW.6 Bharathi PW.7 Dr.Fred Felix PW.8 Kiran Kumar.C PW.9 C.V Deepak
LIST OF EXHIBITS MARKED ON BEHALF OF PROSECUTION:-
Ex.P.1 Proclamation
Ex.P.2 Attachment Warrant
Ex.P.3 Spot Mahazar
Ex.P.3(a) Signature of PW.1
Ex.P.4 Seizure Mahazar dtd:24.11.2012
Ex.P.4(a) Signature of PW.2
Ex.P.5 Seizure Mahazar dtd:18.11.2012
Ex.P.5(a) Signature of PW.3
Ex.P.6 Reply given to police by PW.4
Ex.P.6(a) Signature of PW.4
Ex.P.7 Copy of requisition letter dtd:19.02.2013
Ex.P.8 Copy of letter issued by PW.5
Ex.P.8(a) Signature of PW.5
17 C.C.No.5773/2016
Ex.P.9 Copy of letter issued by police
Ex.P.9(a) Signature of PW.6
Ex.P.10 Copy of reply issued by PW.6
Ex.P.10(a) Signature of PW.6
Ex.P.11, 12, 13 3 Provisional Degree Certificates Ex.P.14 and 15 Two letters given by PW.7 Ex.P.16 Bonafide Certificate Ex.P.17 True copy of letter issued by concerned ACP of CCB Ex.P.17(a) Signature of PW.7 Ex.P.18 Course Certificate Ex.P.18(a) Signature of PW.7 Ex.P.19 and 20 Seizure Mahazars Ex.P.19 & 20(a) Signatures of PW.8 Ex.P.21 Voluntary statement of accused No.1 Ex.P.21(a) Signature of PW.9 Ex.P.22 & 23 Seizure Mahazar Ex.P.22 & 23(a) Signatures of PW.9 Ex.P.24 Further Voluntary statement of accused No.1 Ex.P.24(a) Signature of PW.9 Ex.P.25 & 26 Seizure Mahazar Ex.P.25 & 26(a) Signatures of PW.9 Ex.P.27 Voluntary statement of accused No.5 Ex.P.27(a) Signature of PW.9 18 C.C.No.5773/2016 Ex.P.28 Seizure Mahazar Ex.P.28(a) Signature of PW.9 Ex.P.29 & 30 Voluntary statement of accused No.6 and 7 Ex.P.29 & 30(a) Signatures of PW.9 Ex.P.31 Spot Mahazar Ex.P.31(a) Signature of PW.9 Ex.P.32 & 33 Seizure Mahazars Ex.P.32 & 33(a) Signatures of PW.9 Ex.P.34 Degree Certificates and marks cards Ex.P.35 to 73 Documents seized in PF No.39/12 Ex.P.74 Letter issued by Registrar Bengaluru University Ex.P.74(a) Signature of PW.9 Ex.P.75 Mahazar dated: 04.01.2013 Ex.P.75(a) Signature of PW.9 Ex.P.76 Mahazar dated: 05.01.2013 Ex.P.76(a) Signature of PW.9 Ex.P.77 Letter to Karnataka Medical Council Ex.P.77(a) Signature of PW.9 Ex.P.78 Letter issued by Karnataka Medical Council Ex.P.78(a) Signature of PW.9 Ex.P.79 Letter to St Johns College Ex.P.79(a) Signature of PW.9 Ex.P.80 & 81 Reply from St.Johns College Ex.P.80 & 81(a) Signatures of PW.9 19 C.C.No.5773/2016 Ex.P.82 Letter to Principal of MIM Ex.P.82(a) Signature of PW.9 Ex.P.83 Reply from Principal of MIM Ex.P.83(a) Signatures of PW.9 Ex.P.84 Letter to Principal of Brundavan College Ex.P.84(a) Signature of PW.9 Ex.P.85 Reply from Principal of Brundavan College Ex.P.85(a) Signatures of PW.9 Ex.P.86 Letter to Principal of East Point College Ex.P.86(a) Signature of PW.9 Ex.P.87 Reply from Principal of East Point College Ex.P.87(a) Signatures of PW.9 Ex.P.88 Letter to Registrar - Open University-Mysore Ex.P.88(a) Signature of PW.9 Ex.P.89 Letter issued by Open University-Mysore Ex.P.89(a) Signatures of PW.9 LIST OF MATERIAL OBJECTS GOT MARKED :-
M.O.1 Samsung Laptop
M.O.2 ACER Laptop
M.O.3 & 4 SEAGATE Hard Disk opened from sealed
cover
M.O.5 & 6 4 GB HP Pen Drive and Tansen 8 GB Pen
Drives opened from sealed cover
M.O.7 Not identified
M.O.8 Nokia mobile
20 C.C.No.5773/2016
M.O.9 & 10 2 Pen drives
M.O.8 Nokia mobile
M.O.9 & 10 2 Pen drives
M.O.11 4 CDs altogether
List of witnesses examined on behalf of the defence:-
NIL List of documents marked on behalf of the defence:-
NIL Digitally signed by KRISHNAPPA KRISHNAPPA PACHERAMALLI PACHERAMALLI MANJUNATHA MANJUNATHA Date: 2025.07.24 12:34:02 +0530 (Manjunatha.K.P) I ACJM, BENGALURU 21 C.C.No.5773/2016 21.07.2025 State by APP Accused For Judgment (Judgment passed separately in the Open Court) ORDER Accused No.1 is not found guilty.
Acting U/s.248(1) Cr.P.C., I hereby ACQUIT the accused No.1 for the offences punishable U/s.464, 465, 468, 471 and 420 R/w.Sec.34 of IPC.
The bail bond of the accused No.1 stands cancelled. The cash security offered by accused No.1 for his release on bail shall be refunded on proper identification.
M.O.1 to 6 and 8 to 11 seized in this case keep in proper manner till dispose of other split-up case.
I Addl.CJM 22 C.C.No.5773/2016