Lawstreet Journal

Act of Forcing Another Person to Sign on Blank Paper Is Not Forgery: Kerala HC [READ ORDER]

Lawstreet Journal 8 Jun 2020 6:34pm

Image courtesy: Lawstreet Journal Judiciary Act of Forcing Another Person to Sign on Blank Paper Is Not Forgery: Kerala HC [READ ORDER]

A Single Judge Bench of Justice V. G. Arun of the Kerala High Court, in the matter of Nisar v. the State of Kerala, while acquitting appellant of all the charges, held that it is doubtful whether the act of putting a signature on blank paper can be termed as an expression or description of any matter intended to be used as evidence of that matter and thereby, bringing it within the meaning of ‘document’ under Section 29 of Indian Penal Code, 1860. The Judgment to this effect was passed on June 04, 2020. 

 

Background of the case: 

The appellant was convicted by the Additional Sessions Court (Fast Track-I), Thiruvananthapuram for the offenses punishable under Sections 365, 395, and 468 of IPC. Out of the 7 indicted accused, the first accused was absconding and the case against him had to be split up. Accused Nos. 2 to 7, faced trial and the appellant alone was convicted while the others

were acquitted for want of evidence.

The prosecution case was as follows:

On June 22, 2001, at about 8.15 PM, while prosecution witness-2 (PW2) was riding on his motorcycle, a Maruti Van blocked the motorcycle at Bakery Junction and six men who got out from the van, forced PW2 into the Maruti Van and the vehicle drove off. The vehicle stopped at a secluded place and PW2 was forced to put his signature and thumb impression on blank and stamped papers. The vehicle moved again and had to… Continue Reading...


Tagged: kerala high court   Kerala HC  
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