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1. Heard Sri Anil Kumar Tripathi, Learned Counsel for the Revisionist

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1. Heard Sri Anil Kumar Tripathi, Learned Counsel for the Revisionist 3 All] Ramakant Dubey Vs. State of U.P. 1285 REVISIONAL JURISDICTION admitted handwriting. He himself has CRIMINAL- SIDE admitted that he has presumed that the DATED: LUCKNOW 05.09.2013 photo-stat letter is true photo-stat of the original letter. Thus, there is nothing on BEFORE record to show that the original letter THE HON'BLE ARVIND KUMAR TRIPATHI(II),J. was in the handwriting of the accused person. In the statement under Section Criminal Revision No. 26 of 2002 313 Cr.P.C, the accused has not admitted that he has sent the letter to the Regional Manager and Divisional Office. Ramakant Dubey ...Revisionist Versus Case Law discussed: State of U.P. ...Opp. Party 1996 Criminal Law Journal 3237; AIR 1977 SC 1091; AIR 2004 SC 3084; AIR 1979 SC 1414; Counsel for the Revisionist: AIR 2002 SC 3582; AIR 1969 Alld. 423; AIR Sri Anil Kumar Tripathi, Sri V.P. Pandey 1978 SC 840; AIR 1978 SC 1091. Counsel for the Respondents: (Delivered by Hon'ble Arvind Kumar Govt. Advocate, Sri Bireshwar Nath Tripathi (II), J.) Criminal Revision- against conviction- 1. Heard Sri Anil Kumar Tripathi, offence under section 468, 471, 420 IPC- learned counsel for the revisionist and Sri readwith 511-allegations revisionist based upon forged letter alleged to be issued by Bireshwar Nath, learned counsel for P.M.O-tried to get promotion-conviction respondent. solely based upon statement under section 313 Cr.P.C.-as well as expert opinion who 2. This criminal revision has been admitted during cross examination that-he filed by RamaKant Dubey, son of Late Sri compared admitted hand writing with Ram Adhar Dubey, resident of Village- photo state copy of original letter presuming it to be original-held-both Courts Dhaskari, P.S. Bhadohi, District Bhadohi below committed great illegality-in view of (Varanasi) challenging the order dated Apex Court verdict-statement (u/s 313 15.01.2002 passed by Additional District Cr.P.C.)can not be utilized as material for and Sessions Judge-8th, Lucknow in conviction similarly-opinion of hand writing Criminal Appeal No.01 of 1998 by which expert without original document-no the criminal appeal filed against conclusive opinion-finding based upon surmises not sustainable. conviction order dated 16.12.1997 passed by Special Judicial Magistrate (CBI) was Held: Para-24 dismissed. From the above discussion it is clear that prosecution has failed to prove the 3. As per prosecution version, a first original document. The original information report was lodged by document was even not produced in the Court. There is no evidence to show that Superintendent of Police on 29.1.1986 the allegedly that the photo-stat letter that accused was working as an agent in sent to the Office of Regional Manager National Insurance Company, Bhadohi and Divisional Manager, National Branch Office Varanasi. He has moved an Insurance Company are true, photo-stat application for appointment on the post of of the original document. The expert PW Inspector/ Development Officer in the 5 has given his finding on the basis of photo-stat letter comparing it with the year 1985. But due to certain reasons his 1286 INDIAN LAW REPORTS ALLAHABAD SERIES name was not considered. After that a Feeling aggrieved this criminal revision recommendatory letter was received in has been filed. the Office of Regional Manager National Insurance Company by Sri G.S. Narang 6. It was argued from the side of the the Regional Manager. The letter was revisionist that the letter which is alleged allegedly written by Secretary, Sri S. to be forged has not been produced in Singh allegedly from Prime Minister's original. Photostat copy was produced and residence which was found forged. On proved without comparing with the this first information report, a case under original. It was also submitted that the Sections 420/511/468/471 IPC was sample handwriting was compared by the registered. The matter was investigated by handwriting expert from that of the CBI, Lucknow and charge-sheet was photostat and the entire judgment is based submitted against the accused. At the time on conjectures and surmises. of trial, charge under Sections 420, 468 and 420 read with Section 511 IPC was 7. It was also submitted that without framed against the accused who pleaded original being proved no case of forgery not guilty and claimed to be tried. is made out. It was also submitted that the expert report is very weak type of 4. Prosecution in order to prove its evidence and without any corroboration it case, examined PW1 M.M.S. Beg, Branch is dangerous to convict the accused. It Manager, National Insurance Company, was also submitted that statement of the P.W.2 B.R. Khatri retired Senior accused under Section 313 Cr.P.C is not Divisional Manager National Insurance evidence and no conviction can be based Company, P.W.3 G.S. Narang, retired on the basis of the statement under Assistant Manager, P.W.4 Ashok Babu, Section 313 Cr.P.C. It was also submitted Inspector C.B.I., P.W. 5 Amar Singh, that the statement under Section 313 Handwriting Expert and P.W. 6 Om Cr.P.C. should be read as a whole and not Prakash Mishr, Section Officer as a part. Without considering the (Administration) Prime Minister's Office. statement under Section 313 Cr.P.C. as a Documentary evidence was adduced from whole, the conviction by the trial Court the side of prosecution which is the and dismissal of appeal both are envelope containing that letter exhibit-K- erroneous. It was also submitted that both 1 to K-16. Learned Court below after the courts have not considered the going through the evidence and hearing evidence in proper perspective and thus the parties convicted the accused under the finding is perverse. Sections 468, 471,420 read with Section 511 IPC and convicted him to undergo 8. This revisional court has not been one year simple imprisonment in each entrusted with the powers of appellate court. Section and Rs.500/- fine and in default of As this Court has only to see the irregularity payment of fine he was directed to and illegality in the order and for deciding undergo one month simple imprisonment. that whether the order is perverse, analysis of the evidence can be done. 5. Appeal against that order was preferred being Criminal Appeal No.1/98, 9. In the first information report which too was dismissed on 15.1.2002. which was lodged on 29.1.86 at about 10 3 All] Ramakant Dubey Vs. State of U.P. 1287 am in Police Station- Bhadohi alleges that 43 of 1983 has proceeded against him in Ramakant Dubey attempted to commit the which he has been acquitted and the offence of cheating for getting himself prosecution has filed a criminal appeal appointed at the post of Development which is pending. Officer/ Inspector of NIC, Bhadohi,Varanasi by adopting fraudulent 11. A perusal of the trial court means inasmuch as he sent/got sent a judgment reveals that the only basis of forged recommendation letter No. Patrank conviction is expert report of handwriting 2/Delhi/34/3 dated 21.1.1985 purported to and certain admissions of revisionist have been issued by one Sri S. Singh, under Section 313 Cr.P.C. There is no Secretary to the Prime Minister of India corroborative evidence that this letter was addressed to G. S. Narang, Regional sent by the accused. Manager, NIC, Lucknow with copy to Divisional Office, NIC, Varanasi for 12. In the case of S. Gopal Reddy favour of his appointment at the post of Vs. State of Andhra Pradesh 1996 Development Officer/ Inspector at NIC, Criminal Law Journal 3237, the Apex Bhadohi, Varanasi. List of annexures Court has held as under; shows that a photostat letter was sent purportedly issued from Prime Minister's "The evidence of an expert is a rather House New Delhi. This clearly goes to weak type of evidence and the Courts do show that a photo-stat letter was sent to not generally consider it as offering Sri G.S. Narang, Regional Manager, NIC, 'conclusive' proof and, therefore, safe to Lucknow and another Photo-stat copy rely upon the same without seeking was sent to Divisional Office, NIC, independent and reliable corroboration. In Varanasi. This clearly means to say that Magan Bihari Lal Vs. State of Punjab, there was no original, which was AIR 1977 SC 1091, while dealing with produced in the Court and the accused evidence of a handwriting expert, this was not confronted with the original copy Court opined (at p.1093): of that alleged recommendation letter. It also clearly goes to show that the "We think it would be extremely handwriting expert has given his opinion hazardous to condemn the appellant on the basis of examination of writing on merely on the strength of opinion photostat letter. evidence of a handwriting expert. It is now well settled that expert opinion must 10. After evidence, he has in his always be received with great caution and statement under Section 313 Cr.P.C. perhaps none so with more caution than denied that the matter written in Exhibit the opinion of a handwriting expert. There K-2 Q-5 and Q-6 is written in his own is a profusion of precedential authority handwriting. He has only admitted that which holds that it is unsafe to base a application Exhibit K-2 is under his conviction solely on expert opinion signature. He has further admitted that without substantial corroboration.
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