1983 INSC 0039
                                                       Hasan Ali

                                                           Vs

                                             State of Madhya Pradesh

                                        Criminal Appeal No. 521 of 1976

                                 ( Syed M. Fazal Ali, D. Chinnappa Reddy JJ)

                                                      02.02.1983

                                                        ORDER

1. The appellant has been convicted under Section 467 of the Indian Penal Code. He was also
charged under Section 420 read with Section 120-B, IPC but he was acquitted of that charge. The
charge against the appellant of which he was convicted runs thus :

                  You on or about any date after December 20, 1968, forged a certain document
                  purporting to be a valuable security to wit Nikah form in respect of your marriage
                  with Sirinbai with intent to commit fraud or that fraud may be committed and you
                  thereby committed an offence punishable under Section 467 of Indian Penal Code
                  and within the cognizance of Court of Session.

2. The main allegation is that the appellant forged a Nikah form. The charge does not mention under
what circumstances the document was forged. It is vague. Even when the oral evidence was adduced
at the trial no evidence was produced to prove the charge. In the circumstances we find no legal
evidence on the basis of which he could be convicted. For those reasons, the appeal is allowed and
the conviction and sentence of the appellant under Section 467, IPC are set aside and he is acquitted
of the charge. His bail-bonds are canceled. The appeal is accordingly allowed.

</html