1927 (5) TMI 3 - HC - Indian Laws

Appellant's Conviction Upheld for Attempted Cheating;

Rahamat Ali Versus Emperor

The High Court affirmed the appellant's conviction for attempting to cheat under Section 420/511 of the Indian Penal Code. The Court found that the ... - Issues: Attempt to cheat under Section 420/511 of the Indian Penal CodeAnalysis:The appellant was convicted by the Sessions Judge for attempting to cheat Jai Bhagwan by selling him fake silver coins. Jai Bhagwan was approached by the appellant, who claimed to possess a large quantity of such coins. The appellant then lured Jai Bhagwan to a location where he revealed a bag of coins, some of which were given to Jai Bhagwan, while the rest were found to be fake. The appellant was arrested and charged under Section 420/511 of the Indian Penal Code. The Sessions Judge determined that while the offense did not fall under Section 420, it was a clear case of an attempt to cheat, leading to the appellant's conviction.The High Court, after examining the evidence, affirmed the conviction, emphasizing that the offense of attempt to cheat was established. The Court highlighted that for an attempt to commit an offense, there must be an external act that shows progress towards the actual commission of the offense, even if the attempt was interrupted. Citing legal precedents such as Ganesh Balwant Modak v. Emperor and R. v. Hensler, the Court clarified the legal standard for establishing an attempt to cheat. The Court concluded that the appellant's actions clearly demonstrated an attempt to deceive Jai Bhagwan, warranting the conviction under Section 420/511 of the IPC.In light of the evidence and legal principles, the High Court upheld the conviction, noting that the sentence imposed was not unduly harsh. The Court dismissed the appeal, affirming the Sessions Judge's decision regarding the appellant's guilt in attempting to cheat Jai Bhagwan.