AIR 1968 MADRAS 349 ::1968 MadLW (Cri) 49 ::1968 MadLJ(Cri) 161 ::(1968) 1 MadLJ229 ::ILR (1968) 2 Mad 843

Madras High Court

Hon'ble Judge(s): K. Reddy , J

(A) Penal Code (45 of 1860) , S.463, S.464, S.471— Forgery - Essential requirements - American national obtaining a British passport under false name of a deceased British subject by forging his signature to the application - Use of passport for obtaining entry into India - It amounts to using fraudulently a forged document knowing it to be forged. The requirements to constitute' the offence of forgery as defined in Sec. 463 I.P.C., may be broadly stated as follows : (1) The document or part of the document must be false in fact; (2) It must have been made dishonestly or fraudulently within the meaning of the words as used in S. 464 I.P.C. and (3). It must have been made with one of the intents specified under Sec. 463 I.P.C.(Para 13) The appellant an American national, known at all material times as D.H. Walcott landed at an aerodrome in Madras on 31-12-1965 with a British passport in the name of B.P.C. Comyn who was a deceased British subject. He had obtained that passport in London from a competent authority in the name of Comyn with the help of an expert forger by attaching his own photo to the passport and the signature of Comyn in the application attached to the passport was in his own handwriting. Held, that page 2 of the passport which contained the application for passport and the 'person description sli....