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TMI Blog2004 (3) TMI 797X X X X Extracts X X X X X X X X Extracts X X X X ..... ions u/s 471 IPC. In Madan Lal v. The State of Punjab [ 1967 (4) TMI 218 - SUPREME COURT] two persons were tried for alleged commission of offences punishable under sections 409, 465, 477-A and 120B IPC. Though the accusations under Section 120B were set aside, the High Court confirmed the conviction under Section 409 simpliciter. A contention was raised before this Court that if the charge relating to criminal breach of trust was along with the charge of conspiracy, conviction simpliciter for criminal breach of trust would not be valid. This Court held that if the charge of conspiracy is followed by substantive charge of another offence there is nothing to prevent the Court convicting an accused for the substantive charge even if the prosecution had failed to establish conspiracy. Looked at from any angle the judgment of the High Court does not suffer from any infirmity to warrant interference. So far as the question of sentence is concerned, we find that the High Court has already taken a liberal view so far as A-2 is concerned. In a case when students use forged mark sheets to obtain admission thereby depriving eligible candidates to get seats and that too to a medical course an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the first year MBBS course in Kerala on merit, they entered into a criminal conspiracy along with A-3 and A-4 on some day between 30.6.1980 and 10.10.1980 for forging a mark list showing higher marks and pursuant to such conspiracy A-4 in the case procured a blank mark list of Pre-degree examination and by fraudulent means and without the knowledge and authority of the Controller of Examinations (PW-1) got the impression of the facsimile signature of PW-1 and the University emblem seal affixed on the blank mark list form. A-4 wrote in his own handwriting falsely and fraudulently the following marks in the forms to have been secured by A-1 in the Pre-degree final year examination: English : 204/300 Hindi : 109/150 Physics : 142/150 Chemistry : 140/150 Biology : 138/150 Grand total : 733/900 In addition total of 420 marks out of 450 marks was shown for the optional subjects, viz. Physics, Chemistry and Biology. A-4 forged the initials of the concerned section assistants, who actually prepared the true mark list issued through Mar Ivanios College and received by A-1 and A-2. A-4 also attested a true copy of the mark list (Ext.P27). He forged with his designation and seal and entrus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Sections 120B and 201 IPC. Custodial sentence was reduced to three months each for the offences punishable under Section 471 and 420 read with Section 34 IPC. In support of the appeal Mr. U.R. Lalit, learned senior counsel submitted that after the acquittal of A-3 and A-4 who were primarily alleged to be responsible for the forgery, conviction cannot be maintained so far as the appellants are concerned. A-4 had given not only the alleged forged mark sheet but also himself attested a copy thereof. There was no reason for the present appellants to suspect the correctness thereof. There was specific charge of conspiracy relating to forged mark sheet and to commit an illegal act. The forgery was alleged so far as A-4 is concerned. Sections 463 to 471 require as an essential ingredient the existence of a forged document and use thereof. It cannot be said that the document in question is a forged document. The father (appellant No.2) took a document from A-4 and handed it over to A-1 who used it. The son (A-1) could not have entertained doubt that the document handed over to him by the father was a forged one. Unless there is conspiracy or common intention, Section 34 would have n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the State submitted that clean and cogent evidence show that the actual mark sheets were received by appellant no.1 from the college. There is no evidence to show that he had applied for re- valuation for the second year. The procedure to be adopted for seeking re-valuation is admittedly known to the appellant, because A-1 had applied for the previous year. The result on revaluation was communicated so far as first year is concerned. The High Court has analysed the evidence to show that as required in the declaration form A-2 had signed the application. Therefore, it cannot be said that neither A-1 nor A-2 had any knowledge about the forgery. It has been conceded before the High Court that Exh.D-4 was a forged document. Even if A-3 and A-4 have been acquitted and/or conspiracy has not been established, charge under Section 471 does not get affected. Certain factual aspects need to be noted in the present case. Though criticism was levelled against the analysis made by the High Court to find out how on the basis thereof it was held that the document was forged one, we find no substance therein. It was clearly conceded before the High Court that D-4 was a forged document. What wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are 60 in the aforesaid three subjects. If by way of illustration, Physics marks are taken, originally before revaluation the mark secured by A-1 was 55 and if excess 15 marks are added to it, as the allegedly forged document shows the total comes to 70 marks. If the total marks for a paper are 60, there cannot be even a shadow of doubt that A-1 could not have secured 70 marks. Similar is the case of Biology, where the marks would be 61 against a total maximum marks of 60. Of course in Chemistry 59 marks are shown as against maximum 60 marks. If a student gets cent percent marks in paper II in each subject the total would come to 180, whereas on the basis of D-4 it comes to 190. This impossible difference would have attracted notice of A-1 and A-2. They are not illiterate persons. As claimed by learned counsel for the appellants, A-1 was a brilliant student and A-2 was a reputed doctor and that they would miss this simple aspect in mark list is not only possible, to believe, but also would be against normal human experience. The High Court also on the basis of evidence tendered by PW-60, came to conclude that in the first year for Paper I the total marks secured by A-1 was 92 and p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... necessary for the prosecution to prove that accused knew or had reason to believe that the document to be a forged one. Whether the accused knew or had reason to believe the document in question to be a forged has to be adjudicated on the basis of materials and the finding recorded in that regard is essentially factual. Under the IPC, guilt in respect of almost all the offences is fastened either on the ground of intention or knowledge or reason to believe . We are now concerned with the expressions knowledge and reason to believe . Knowledge is an awareness on the part of the person concerned indicating his state of mind. Reason to believe is another facet of the state of mind. Reason to believe is not the same thing as suspicion or doubt and mere seeing also cannot be equated to believing. Reason to believe is a higher level of state of mine. Likewise knowledge will be slightly on higher plane than reason to believe . A person can be supposed to know where there is a direct appeal to his senses and a person is presumed to have a reason to believe if he has sufficient cause to believe the same. Section 26 IPC explains the meaning of the words reason to believe thus: 26 - Reason t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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