commission of offences under Sections 120-B , 420 and 471 , Indian Penal Code. At least the charge that can be levelled against him is that ... committed an offence of forgery punishable under Section 465 , Indian Penal Code. But even for charge of forgery it must be proved that the false
evidence
Section 120-B , 420 , 467 , 468
and 471 Indian Penal Code and
Offences complained of Section ... offences punishable
under Section 120-B , 420 , 467 , 468 and 471
Indian Penal Code and Section 13(2) r/w 13(1) (d)
of Prevention
accused
persons on 11.8.03 under Section 120
B/420/467/468/471 IPC and Section 13 (2) read with ... framed against A-1. Substantive charge under
Section 420 / 467 / 468 / 471 IPC was also framed against
under Sections 120B , 420 ,
465 , 468 , 471 Indian Penal Code and Section 13(2) read with 13(1)(d)
Prevention of Corruption Act . The said ... could be seen from Section 39 Cr.P.C which does not cover under Section
420 IPC to make a cognizable offence only
under
Section 464 of the Code. If what is executed is not a
false document, there is no forgery. If there is no
forgery, then ... something
fraudulently is not by itself made an offence under
the Penal Code, but various acts when done
fraudulently (or fraudulently and dishonestly) are
made
KOCHI.
BY ADVS.
SR I.P.C HANDRASEKHARA PILLAI, C.B.I.
SRI.M.V.S.NAMBOOTHIRYSC C.B.I.
SRI.S.SREEKUMAR ... proved Exts.P1 to P56 documents. When examined
under Section 313 Cr.P.C., both the accused denied
the incriminating circumstances. The first accused
submits that the conspiracy has been defined under
Section 120A of Indian Penal Code and the basic ingredients of
conspiracy, is totally missing ... referring to the allegation of conspiracy under Section 120B of
Indian Penal Code although there is no allegation of any
active role or any overt
provisions of the Indian
4/27
http://www.judis.nic.in
_________________
Crl. A. Nos.456 & 458/2010
Penal Code as well as under ... criminal conspiracy which is
punishable under Section 120-B of the Penal Code, 1860, there
must be direct or circumstantial evidence to show that there
basic ingredients
of a forged document as defined in the Indian Penal Code . It was also
argued that the purported signatures ... Vijay Kumar Kataria etc.
20. Section 420 of Indian Penal Code deals with cheating and
dishonestly inducing delivery of property. The offence of cheating
were charged for the offences punishable U/s 120B IPC
read with Section 420 IPC, U/s 420 IPC ... read with section U/s 120 IPC , 468 IPC
read with Section 120B IPC
