Supreme Court Upholds Conviction of Accused for Attempt to Cheat University by False Representation. Admission Card Constitutes Property Under Section 415 IPC and Despatch of False Application Amounts to Attempt Under Section 511 IPC.

Case Note & Summary

The Supreme Court of India decided a criminal appeal by special leave against the judgment of the Patna High Court, which had dismissed the appellant's appeal against his conviction under Section 420 read with Section 511 of the Indian Penal Code. The appellant had applied to the Patna University for permission to appear at the 1954 M.A. Examination in English as a private candidate, falsely representing that he was a graduate with a B.A. degree obtained in 1951 and that he had been teaching in a certain school. He attached forged certificates purportedly from the Headmaster and the Inspector of Schools. Believing these representations, the University granted permission and asked for the requisite fees and photographs. On April 9, 1954, a proper admission card was despatched to the Headmaster of the school. Subsequently, information reached the University that the appellant was neither a graduate nor a teacher and had in fact been debarred from taking any University examination due to corrupt practice at an earlier examination. Inquiries confirmed that the certificates were forged. The matter was reported to the police, and the appellant was prosecuted. The trial court acquitted him of forging the certificates but convicted him of attempting to cheat the University by false representations inducing the issue of the admission card. The Patna High Court dismissed his appeal. The Supreme Court heard the appeal on the two legal issues raised by the appellant: first, whether the admission card was property under Section 415 IPC despite having no pecuniary value; and second, whether the steps taken by the appellant amounted to preparation or an attempt to commit the offence of cheating. The appellant contended that the admission card had no pecuniary value and therefore was not property, and that even if he had obtained it and appeared at the examination, the University would not have suffered any harm to its reputation. The respondent State argued that the admission card had immense value to the candidate and that the appellant's acts constituted an attempt. The Court held that an admission card, though without pecuniary value, has immense value to the candidate because without it he cannot secure admission to the examination hall, and hence it is property under Section 415 IPC. Reliance was placed on Queen Empress v. Appasami and Queen Empress v. Soshi Bhushan. On the question of attempt versus preparation, the Court explained that a culprit first intends to commit the offence, then makes preparations, and thereafter attempts to commit it. Attempt begins when preparations are complete and the culprit commences to do something with the intention of committing the offence and which is a step towards the commission of the offence. The act need not be the penultimate act towards the commission of the offence but must be an act during the course of committing such offence. The Court disapproved the contrary observations in The Queen v. Ramsarun Chowbey, In re Raisat Ali, and In re Amrita Bazar Patrika Press Ltd., approved In re R. MacCrea, and explained In re T. Munirathnam Reddi. Applying these principles, the Court held that the preparation was complete when the appellant prepared the application for submission to the University, and the moment he despatched it, he entered the realm of attempting to commit the offence of cheating. Consequently, the appellant was rightly convicted under Section 420 read with Section 511 IPC. The appeal was dismissed.

Headnote

Issue of Consideration

Final Decision

The Supreme Court dismissed the appeal and upheld the conviction. The appellant was rightly convicted under Section 420 read with Section 511 of the Indian Penal Code. The admission card is property under Section 415 IPC, and despatch of the false application amounted to an attempt to cheat, not mere preparation.

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