Indian Kanoon - Search engine for Indian Law

1. This case comas before us under the provisions of Section 307, Criminal Procedure Code. The charge against the prisoner was that on April 1st, 1885, he, at Naga Serai, Behar, dishonestly sold as genuine a forged valuable security which purported to be a currency note for Rs. 50 issued on behalf of the Government of India, which he knew or had reason to believe to be a forged document, and thereby committed an offence against Sections 467-471, Indian Penal Code.

2. The prisoner was committed for trial on March 31st, 1887. He was tried at the Patna Sessions on the 16th, 17th and 18th June 1887. There was no question seriously raised as to the fact that the note, which the prisoner was charged with having dishonestly sold, was a forgery. The jury unanimously found that it was, and the appearance of the exhibit leaves no doubt of this. The questions raised in the case were : (1) whether the prisoner sold the note as alleged; and (2) whether he did so knowing, or having reason to believe, it to be forged. The findings of the jury, to which we shall presently refer in detail, amount, in effect, to an acquittal by a majority.