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to rely upon the said parts of the testimonies to convict the accused.

33. In the light of the discussion hereinabove, I hold that the offence of criminal conspiracy remains not proved against any of the accused persons. They are, therefore, acquitted of offence punishable under Section 120­B IPC.

34. The accused persons have also charged with offence punishable under Section 468 IPC. Before discussing further, it would be relevant to discuss the law relating to forgery. Section 463 IPC defines forgery while Section 464 IPC defines making a false document. The Sections read as under :­ "463. Forgery--Whoever makes any false documents or false electronic record or 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.

document could be said to have been made for the purpose of committing an offence of forgery under Section 463, IPC. Therefore, we can safely deduce that Section 464 defines one of the ingredients of forgery i.e., making of a false document. Further, Section 465 provides punishment for the commission of the offence of forgery. In order to sustain a conviction under Section 465, first it has to be proved that forgery was committed under Section 463, implying that ingredients under Section 464 should also be satisfied. Therefore unless and untill ingredients under Section 463 are satisfied a person cannot be convicted under Section 465 by solely relying on the ingredients of Section 464, as the offence of forgery would remain incomplete.

if "(i) he made or executed a document claiming to be someone else or authorised by someone else; or "(ii) he altered or tampered a document; or "(iii) he obtained a document by practicing deception, or from a person not in control of his senses."

"22. In Md. Ibrahim (supra), this Court had the occasion to examine forgery of a document purporting to be a valuable security (Section 467, IPC) and using of forged document as genuine (Section 471, IPC). While considering the basic ingredients of both the offences,this Court observed that to attract the offence of forgery as defined under Section 463, IPC depends upon creation of a document as defined under Section 464, IPC. It is further observed that mere execution of a sale deed by claiming that property being sold was executant's property, did not amount to commission of offences punishable under Sections 467 and 471, IPC even if title of property did not vest in the executant.

probability." (Emphasis supplied)

36. Section 468 IPC provides punishment for forgery for the purpose of cheating. An essential ingredient of the offence under Section 468 IPC is that there should be commission of forgery. In the present case, there is no evidence against accused no. 1 for making/forging the I­ card in question. Rather, the allegation is that accused no. 2 had forged the said I­card in exchange of money in favour of accused no. 1. Since, there is no evidence against accused no. 1 for making or creating the aforesaid I­card, there is no question of him committing forgery in respect of the same. Consequently , the offence under Section 468 IPC is not proved qua accused no. 1.