Please Log in / Register to access the full text of this judgment and the entire database
(2024) Law Today Live Doc. Id. 19746 = 2024 :HHC: 14358
Reserved on: 02.12.2024 Date of Decision: 13.12.2024
A. Indian Penal Code, 1860 (45 of 1860), Section 463, 464 – False document -- Forgery -- Document containing a false recital does not amount to forgery.
(Para 33)
B. Indian Penal Code, 1860 (45 of 1860), Section 420 -- Prevention of Corruption Act, 1988 (49 of 1988), Section 13(1)(d) -- Forest Rules of Kullu Division of 1878, Rule 4A -- Cheating – Corruption -- Acquittal -- Gift of land by accused – Sanction of Timber distribution right thereafter -- Mere gift of the half share did not amount to divestment of her forest right as per Rule 4A – Accused had not made any false representation, and she cannot be held to be guilty of cheating -- Accused/ Donor, being the right holder, was entitled to get the Tinder Distribution/ TD and the sanction of TD in her favour is not illegal; hence, the offence punishable u/s 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act is not made out – Acquittal order, upheld.
(Para 2, 36-40)