AIROnline 2025 SC 843

Penal Code (45 of 1860) , S.420, S.468, S.471— Evidence Act (1 of 1872) , S.3— Forgery and cheating – Proof of – Allegation that accused student had tampered with her mark-sheet and revaluation notification and on that basis attempted to secure admission to BSW-III course – Said documents had passed through several hands and prosecution had failed to prove, that alleged tampering was effected by accused or while documents were in her exclusive custody – No handwriting or forensic expert opinion was obtained – Prosecution had failed to establish required mens rea u/Ss. 471 or 420/511 IPC – There was non-compliance with S. 313 CrPC, as compound questions had prevented accused from properly understanding or answering same and caused prejudice to accused – Suspicion, howsoever grave, cannot replace standard of proof beyond reasonable doubt – Since prosecution had not discharged its burden, conviction and sentence under Ss.420/511, 468, and 471 IPC were set aside.
AIROnline 2025 BOM 776-Reversed

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