Case Note & Summary
The appellant, a Traffic Superintendent at Indian Airlines, Jammu, was convicted by the Trial Court and the High Court for offences under Sections 420, 468, and 471 of the Ranbir Penal Code (RPC) and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1988. The allegation was that on 19.11.1997, while manning the ticket sale counter at Jammu Airport, he prepared an infant ticket in a fictitious name 'Master Azim' and deposited Rs. 102 with the cashier. Subsequently, he tampered the flight coupon by forgery to convert it into an adult ticket in the name of 'Mr. Vikram' for sector Jammu-Delhi with a fare of Rs. 3105, thereby enabling the passenger to travel at a lower fare and causing loss to the Airlines. The CBI registered a crime based on a complaint by the Manager (Vigilance). During trial, the prosecution examined nine witnesses, including the Airport Manager, Cashier, Vigilance Manager, handwriting expert, and investigating officer. The Trial Court, relying on the evidence of PW-5 (Station Manager acquainted with appellant's handwriting) and PW-8 (handwriting expert), found that the auditor coupon and flight coupon were in the appellant's handwriting and signatures. The court held that the appellant alone could have manipulated the documents as they were in his possession. The High Court affirmed the conviction on reappreciation of evidence. The appellant appealed to the Supreme Court, arguing lack of admissible evidence and citing several precedents. The Supreme Court, after hearing counsel, found no illegality or irregularity in the concurrent findings. It held that the handwriting expert's report and the testimony of PW-5 proved the appellant's authorship of the forged documents. The Court dismissed the appeal, upholding the conviction and sentence of six months simple imprisonment and fine of Rs. 5,000 for each offence, with sentences to run concurrently.
Headnote
A) Criminal Law - Forgery and Cheating - Sections 420, 468, 471 Ranbir Penal Code, 1989 - Tampering of airline ticket - Appellant, a Traffic Superintendent, issued an infant ticket in fictitious name and forged the flight coupon to convert it into an adult ticket, enabling a passenger to travel at lower fare - Handwriting expert and acquaintance proved the documents were in appellant's handwriting - Held that concurrent findings of fact based on evidence are not to be interfered with (Paras 1-9). B) Prevention of Corruption - Public Servant obtaining pecuniary advantage - Section 5(1)(d) read with 5(2) Prevention of Corruption Act, 1988 - Appellant, a public servant, by forging ticket obtained pecuniary advantage for himself and caused loss to Indian Airlines - Held that the offence under the Act is made out (Paras 1-9). C) Evidence - Handwriting Expert - Section 45 Evidence Act, 1872 - PW-8, a handwriting expert, and PW-5, acquainted with appellant's handwriting, proved that the auditor coupon and flight coupon were in appellant's handwriting - Held that such evidence is admissible and sufficient to prove authorship (Paras 5-8).
Issue of Consideration
Whether the concurrent findings of guilt recorded by the Trial Court and High Court for offences under Sections 420, 468, 471 RPC and Section 5(1)(d) read with 5(2) of Prevention of Corruption Act, 1988 suffer from any illegality or irregularity warranting interference by the Supreme Court.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 420, 468, 471 RPC and Section 5(1)(d) read with 5(2) PCA upheld.
Law Points
- Concurrent findings of fact not interfered with unless perverse
- Handwriting expert evidence admissible under Section 45 Evidence Act
- Possession of forged document raises presumption of guilt under Section 471 RPC
- Public servant obtaining pecuniary advantage by forgery constitutes corruption under Prevention of Corruption Act
