Indian Kanoon - Search engine for Indian Law

Accused No.2 Smt.Dr.C.S.Rosy who is working as Doctor in Government Primary Health Centre, Dabaspet, Nelamangala, Bengaluru Rural District issued false Wound Certificate to accused No.1 C.Ishwar. Accused Nos.1 and 2 with common intention created false documents and used the said documents to cheat and submitted the same before MACT, Bengaluru in order to claim compensation filed false petition and tried to cheat KSRTC institution and the Court and thereby the accused persons had committed offences under Sections 465, 468, 471, 420, 511 r/w 34 of Indian Penal Code. Hence, the accusation.

7. The following points arise for my consideration are:-

1. Whether the prosecution proves beyond all reasonable doubt that, the accused have committed the offences punishable under Sections 465,468,471,420,511 r/w 34 of IPC ?

2. What Order ?

8. My findings to the above Points are as follows:-

Point No.1:- In the Negative. Point No.2:- As per the final order:

for the following:-

31. There is no any legal evidence adduced by the prosecution to bring the case within the purview of Sections 465, 468, 471, 420, 511 r/w 34 of IPC. The prosecution has not established beyond all reasonable doubt that accused had committed the offences under Sections 465, 468, 471, 420, 511 r/w 34 of IPC. On the basis of doubtful evidence, accused cannot be found guilty of the alleged offences. Accordingly, Point No.1 is answered in the Negative.

32. Point No.2:-

In the result, I proceed to pass the following:

O R D E R Acting U/s.248(1) Cr.P.C. I hold that, accused Nos.1 and 2 are not found guilty of having committed the offences punishable under Sections 465, 468, 471, 420, 511 r/w 34 of IPC. Accused Nos.1 and 2 are hereby acquitted of the offences alleged against them and they are set at liberty forthwith.