AIROnline 2025 SC 126

Supreme Court Of India

(From : Madras)

Hon'ble Judge(s): Vikram Nath, Sandeep Mehta , JJ

Penal Code (45 of 1860) , S.468, S.471, S.120B, S.109— Evidence Act (1 of 1872) , S.64— Forgery for purpose of cheating - Failure to exhibit original document - Effect - Allegation against accused was that postal cover in which fabricated mark sheet was transmitted, bore his handwriting - Said postal cover was not available on record and accused had raised objection against exhibiting copy thereof - Postal cover could not be exhibited in evidence - Failure to exhibit original document would mean that postal cover was never proved as per law and consequently, report of handwriting expert concluding that postal cover bore handwriting of accused was rendered redundant - Handwriting expert did not even identify postal cover, which was subject matter of examination - Prosecution failed to prove existence of disputed postal cover in which fabricated mark sheet was posted - Conviction was set aside. CRLRC No. 1601/2017,D/-16-04-2019 (MAD)-ReversedAIR 1980 SC 531-Relied on (Para 13 14 15) .....