VidhiSangh

Supreme Court of India · 11/05/2018

SHEILA SEBASTIAN versus R. JAWAHARAJ & ANR. ETC.

[2018] 4 S.C.R. 439 · 2018 INSC 494

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Summary

The Supreme Court sustained acquittals in a prosecution concerning an impersonated power of attorney and a subsequent mortgage. Forgery required proof that the accused made the false document within Section 464; benefit from the transaction did not establish that element. The prosecution had failed to trace the impersonator or prove the necessary link to the respondents. Suspicion could not replace proof beyond reasonable doubt. The complainant’s appeals were dismissed; civil cancellation of the mortgage was separately noted.

Issues

  1. Whether beneficiary status and involvement in the subsequent mortgage established that the respondents made the forged power of attorney.
  2. Whether the prosecution proved the forgery charges beyond reasonable doubt.

Provisions considered

Held

Result

Complainant’s appeals dismissed. High Court acquittals sustained; no interference with the separate civil cancellation of the mortgage.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 439.