Penal Code, 1860 — Sections 409, 411, 477-A & 120-B — Conviction under — Finding not based on evidence, Effect of

August 28th, 2013

Penal Code, 1860 — Sections 409, 411, 477-A & 120-B — Conviction under — Finding not based on evidence, Effect of — Special Court by the impugned judgment held that accused No.1 being the General Manager and Trustee of CMF having dominion over the funds of CMF made false endorsement on the letter authorising payment of brokerage favouring accused No.3 by getting the Fund Manager signed on the worksheet containing details regarding brokerage which was made to his knowledge and on the basis of such endorsement made on the letter, accused No.1 was convicted — Appeal — Held, finding of the Special Judge that the letter was received by accused No.1 is not based on evidence, therefore, such finding cannot be upheld — In any case mere receiving of a letter cannot be a ground to hold that the endorsement was made by accused No.1 — Appeal allowed and appellant-accused No.1 is acquitted of all the charges.

(Para 44 & 45)

B. Raghuvir Acharya v. Central Bureau of Investigation[Bench Strength 2], Criminal Appeal No. 1001/2001(01/07/2013), 2013(7) SCALE 722 [G.S. Singhvi, J.: Sudhansu Jyoti Mukhopadhaya, J.]

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