BODHU RAM versus STATE OF RAJASTHAN

BODHU RAM versus STATE OF RAJASTHAN

A complaint by the Assistant Settlement Officer under s. 195(1)(c) CrPC was not necessary since only a copy (not the original) of the forged document was produced. Producing an attested copy of a forged verified claim amounts to using the forged document as genuine within s. 471 IPC if the rules require only a copy. The facts established the appellant filed the application and knew of the forgery.

Parties
Appellant: Budhu Ram; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
24 July 1962
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated August 19, 1960, of the Rajasthan High Court in Criminal Revision No. 228 of 1959
Outcome
Appeal dismissed; conviction and sentence upheld.
Legal Topics
Forgery, Criminal Procedure—section 195 Cr PC, Use of Forged Documents, Displaced Persons (compensation and Rehabilitation)
Criminal Law Forgery Criminal Procedure—section 195 Cr PC Use of Forged Documents Displaced Persons (compensation and Rehabilitation)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Budhu Ram

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated August 19, 1960, of the Rajasthan High Court in Criminal Revision No. 228 of 1959

Legal Issues

  1. 1 Whether prosecution for using a forged document as genuine under s. 471 IPC requires a complaint by the court under s. 195(1)(c) CrPC when only a copy of the forged document is produced.
  2. 2 Whether production of an attested copy of a forged verified claim amounts to use of a forged document as genuine under s. 471 IPC.

Ratio Decidendi

A complaint by the Assistant Settlement Officer under s. 195(1)(c) CrPC was not necessary since only a copy (not the original) of the forged document was produced. Producing an attested copy of a forged verified claim amounts to using the forged document as genuine within s. 471 IPC if the rules require only a copy. The facts established the appellant filed the application and knew of the forgery.

Court Disposition

Appeal dismissed; conviction and sentence upheld.

Orders

  • The appeal is dismissed.
  • Appellant is on bail; steps to carry out the sentence to be taken.