RAGHUBANSH LAL versus THE STATE OF U.P.

RAGHUBANSH LAL versus THE STATE OF U.P.

The conviction under s. 218 IPC cannot be sustained as the prosecution failed to prove the necessary criminal intention to cause, or knowledge of likelihood to cause, loss or injury. The incorrect entry related to the year 1358 F and could not have caused loss after the dispute was already resolved and could not impact tenancy rights or the outcome of earlier proceedings.

Parties
Appellant: Raghubansh Lal; Respondent: The State of U.P.
Jurisdiction
India
Judgment Date
20 February 1957
Procedural Posture
Criminal Appeal / Appeal by Special Leave Under Article 136 of the Constitution of India Against the Judgment of the Allahabad High Court Confirming Conviction Under S. 218 IPC
Outcome
Appeal allowed; order of conviction set aside; accused acquitted.
Legal Topics
Incorrect Record by Public Servant, Intent to Cause Loss or Injury, Section 218, Indian Penal Code
Criminal Law Incorrect Record by Public Servant Intent to Cause Loss or Injury Section 218, Indian Penal Code

Case Brief

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Parties

Raghubansh Lal

Appellant

The State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave Under Article 136 of the Constitution of India Against the Judgment of the Allahabad High Court Confirming Conviction Under S. 218 IPC

Legal Issues

  1. 1 Whether the appellant knowingly made an incorrect entry in official records with the intent to cause, or knowing it to be likely to cause, loss or injury to another as required by Section 218 IPC

Ratio Decidendi

The conviction under s. 218 IPC cannot be sustained as the prosecution failed to prove the necessary criminal intention to cause, or knowledge of likelihood to cause, loss or injury. The incorrect entry related to the year 1358 F and could not have caused loss after the dispute was already resolved and could not impact tenancy rights or the outcome of earlier proceedings.

Court Disposition

Appeal allowed; order of conviction set aside; accused acquitted.

Orders

  • The bail bond shall stand cancelled.