Woman constable accused of submitting fake degree, acquitted by district court.
Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud anyone (other than themself). The first element of forgery is that a person must make, alter, use, or possess a false writing. When they think of forgery, many people think only of making false writings, such as forging letters or certificates, but altering an existing writing may also be forgery if the alteration is “material,” or affects a legal right. For example, forging another person’s signature on a document is a material alteration because it misrepresents the identity of the person who signed the document, which has serious legal consequences. Deleting, adding, or changing significant portions of documents may also be “material” alterations, if these changes affect the legal rights or obligations represented in the documents. Additionally, as discussed above, using or possessing false writings also constitutes forgery, although in some jurisdictions this is known as “uttering a forged instrument.”
A 55 yr. old woman constable accused of cheating and forgery for getting recruited in Chandigarh police was acquitted by the district court of Chandigarh on Monday
Accused of forging documents, constable raj kaur was acquitted of sections 420 467 468 471 of ipc by first. Class magistrate tanveer singh. Kaur was appointed as a constable after her husband who was head constable dies from cancer in 2008.
According to prosecution the case was registered on June27.2015 , following an inquiry about the certificates of class 12 submitted for recruitment in Chandigarh police were fake
Police inquiry said that the accused had submitted class 12 certificates of a school affiliated to UP board but the school was not recognised by UP board. Following the inquiry kaur was placed under suspicion
During the trial the defence council advocate hairsh bhardwaj argued that kaur was falsely implicated in the case as the certificates of class 12 were original and she did her class 12 as a private candidate and not as a student. The counsel argued that her certificates were original even though the school was not recognised by UP board
The court, after hearing the arguments and facts of the case, acquitted the woman constable of the charges.
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Section 420 in The Indian Penal Code Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
According to section 467 of Indian penal code, Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 468 in The Indian Penal CodeForgery for purpose of cheating.—Whoever commits forgery, intending that the 1[document or electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 471 in The Indian Penal Code. Using as genuine a forged 1[document or electronic record].—Whoever fraudulently or dishonestly uses as genuine any 1[document or electronic record] which he knows or has reason to believe to be a forged 1[document or electronic record], shall be punished in the same manner as if he had forged such 1[document or electronic record].
Here though the documents were not from recognised board but the same were also not fake and so they didn’t come under the category of forged documents and hence proved be the reason for acquittal of the lady constable.
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