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15. The offences for which the accused persons have been charged with are Section 419/468/471 IPC. So broadly the offences for which the accused persons have been charged with can be divided in three categories i.e.
(i) cheating by way of personation as punishable U/s 419 IPC,
(ii) forgery as punishable U/s 468/471 IPC
16. In order to decide whether the aforesaid accused have committed the offence as alleged, it would be pertinent to discuss the provision of section 419 IPC which reads as under:-
STATE Vs. Firoz Ahmad FIR No. 361/2015 PS Civil Lines PAGE NO. 9 / 13
GAURAV GOYAL
GOYAL Date:
2025.01.24
15:59:45 +0530
23. The second set of offence for which the accused has been charged with are Sections 468/471 IPC. All these sections punish commission of forgery. Before starting the discussion on the commission of the offence U/s 468/471 IPC, it would be relevant to take note of Section 463 and 464 of IPC which defines commission of offence of forgery.
24. 463 IPC defines "forgery" which reads as under :-
Whoever makes any false documents or electronic record part of a document or electronic record with, intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
29. Section 468 IPC provides:
"468. Forgery for purpose of cheating. - Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."
30. To substantiate the commission of offence U/s 468 IPC, the prosecution was duty bound to prove the following ingredients :