2001 (2) TMI 475 - HC - Customs

High Court Upholds Acquittal in Forgery Case

The High Court upheld the trial court's judgment of acquittal in a case involving allegations of forgery in obtaining import licenses. The court ... Prosecution (ITC) - Appeal against acquittal Issues:1. Acquittal of the accused by the trial court.2. Allegations of forgery in obtaining import licenses.3. Evaluation of evidence and witness testimonies.4. Applicability of legal principles in appeals against acquittals.Issue 1: Acquittal of the accused by the trial courtThe criminal appeal was filed by the State against the judgment of acquittal in a case involving the accused's alleged involvement in obtaining import licenses through forgery. The trial court acquitted the accused based on various reasons, including lack of convincing evidence regarding the forgery of special endorsements on the import licenses and the involvement of the Madura Coats Private Limited, a beneficiary in the profit-sharing agreement, which was not charged. The trial judge also questioned the deletion of the company from the chargesheet and raised suspicions that were not adequately explained by the prosecution.Issue 2: Allegations of forgery in obtaining import licensesThe prosecution alleged that the accused, acting as an agent, facilitated the import of banned items by obtaining licenses with forged special endorsements. These special endorsements, allegedly signed by a Joint Chief Controller of Imports and Exports, were found to be forged upon verification. The accused was charged under Section 5 of the Imports and Exports Act for violating conditions and under Section 47 read with 467 of the Act. The trial involved extensive examination of witnesses and documents, with conflicting expert opinions on the authenticity of the signatures.Issue 3: Evaluation of evidence and witness testimoniesThe trial judge considered the evidence, including the agreement between the accused and the company, expert opinions on the forged signatures, and the role of the Madura Coats Private Limited. The prosecution's witness, a handwriting expert, testified to the signatures being forged, while a defense witness opined that the signatures matched. The trial judge also noted the unsatisfactory explanation for the company's exclusion from the chargesheet and the presence of suspicious circumstances that remained unexplained. Ultimately, the trial judge acquitted the accused due to insufficiently explained suspicions and lack of clarity on the forgery perpetrator.Issue 4: Applicability of legal principles in appeals against acquittalsThe High Court, in considering the appeal against the acquittal, emphasized the general presumption of innocence in criminal cases and the benefit of reasonable doubt to the accused. Referring to established legal principles, the court highlighted that interference with an order of acquittal should only occur if the trial court's conclusion is perverse or not a reasonably possible view. The court cited precedents to underscore the cautious approach required in appeals against acquittals and the need for palpably wrong or unsustainable findings to justify overturning an acquittal. After a thorough review of the trial court's judgment and the evidence, the High Court confirmed the acquittal, finding the trial court's reasoning cogent and convincing, with no grounds for interference.In conclusion, the High Court upheld the judgment of acquittal, dismissing the appeal brought by the State against the accused.