HON'BLE JUDGE(S): Aravind Kumar AND Sandeep Mehta, JJ.
CRIMINAL APPEAL - 3977 of 2025, D/-11-09-2025
(A) Penal Code (45 of 1860), S.420 - Penal Code (45 of 1860), S.468 - Penal Code (45 of 1860), S.471 - Penal Code (45 of 1860), S.511 - Evidence Act (1 of 1872), S.3 - Forgery and cheating - Proof of - Allegation that accused student had tampered with her mark-sheet and revaluation notification and on that basis attempted to secure admission to BSW-III course - Said documents had passed through several hands and prosecution had failed to prove, that alleged tampering was effected by accused or while documents were in her exclusive custody - No handwriting or forensic expert opinion was obtained - Prosecution had failed to establish required mens rea u/Ss.471 or 420/511 IPC - There was non-compliance with S. 313 CrPC, as compound questions had prevented accused from properly understanding or answering same and caused prejudice to accused - Suspicion, howsoever grave, cannot replace standard of proof beyond reasonable doubt - Since prosecution had not discharged its burden, conviction and sentence under Ss.420/511, 468, and 471 IPC were set aside (Para 8,10-15)