City court overturns acquittal in cheating and arms case, orders conviction

New Delhi: A city court has set aside the acquittal of a man previously cleared of charges involving cheating, impersonation, and possessing illegal arms by a magistrate court, describing the judgment as "perverse" and a gross miscarriage of justice.
In its April 5 order, the court of additional sessions judge Vishal Singh found that the magisterial court had misinterpreted the evidence and given "irrational and illogical" reasoning for acquitting the accused, Bawa alias Sunny. The court emphasised that, given the weight of the evidence, conviction was the only reasonable conclusion, and Bawa's acquittal led to a miscarriage of justice.
The court allowed the state's appeal, overturning the previous verdict, and directed Bawa's conviction on the charges. It further stated that sentencing would follow after hearing submissions from both parties.
The case stemmed from a Dec 2019 decision by a magistrate's court, which acquitted Bawa of charges including cheating, impersonation, possessing forged documents, and using them to deceive authorities, as well as forgery. The magisterial court also dismissed charges under the Arms Act.
In overturning this decision, the ASJ court noted that the magistrate had incorrectly concluded that impersonation, forgery, and cheating by Bawa were not substantiated. The central allegation against Bawa was his possession of an illicit firearm loaded with six live cartridges. He had also fraudulently obtained a fake ration card by impersonating one Pranabh Jain, and used the forged card to apply for a passport under Jain's name.
Referring to a forensic science laboratory (FSL) report, the judge confirmed that Bawa was the "author" of the forged documents, including the ration card and passport application form. "The evidence leaves no room for doubt that Bawa impersonated Pranabh Jain and used Jain's educational certificates to manipulate govt departments into issuing the forged documents," the judge stated.
The court further highlighted that Bawa successfully used the fake ration card to support his passport application. It criticised the magistrate's decision to discredit the documents, despite forensic evidence confirming their authenticity.
The court also rejected the magistrate's claim that Bawa's application forms were unreliable because they were not self-attested. It found that the forensic evidence proving Bawa's involvement was sufficient to validate the documents.
Regarding the recovered illegal pistol, the court ruled that the evidence of the weapon's recovery could not be dismissed solely due to the absence of public witnesses at the scene. The testimony of police witnesses was found to be credible, and their accounts were corroborated by other evidence, including records of forged documents and expert testimony from a handwriting and ballistic expert.
The judgment marks a significant reversal of the earlier decision, reinforcing the importance of considering all available evidence in ensuring justice.
New Delhi: A city court has set aside the acquittal of a man previously cleared of charges involving cheating, impersonation, and possessing illegal arms by a magistrate court, describing the judgment as "perverse" and a gross miscarriage of justice.
In its April 5 order, the court of additional sessions judge Vishal Singh found that the magisterial court had misinterpreted the evidence and given "irrational and illogical" reasoning for acquitting the accused, Bawa alias Sunny. The court emphasised that, given the weight of the evidence, conviction was the only reasonable conclusion, and Bawa's acquittal led to a miscarriage of justice.
The court allowed the state's appeal, overturning the previous verdict, and directed Bawa's conviction on the charges. It further stated that sentencing would follow after hearing submissions from both parties.
The case stemmed from a Dec 2019 decision by a magistrate's court, which acquitted Bawa of charges including cheating, impersonation, possessing forged documents, and using them to deceive authorities, as well as forgery. The magisterial court also dismissed charges under the Arms Act.
In overturning this decision, the ASJ court noted that the magistrate had incorrectly concluded that impersonation, forgery, and cheating by Bawa were not substantiated. The central allegation against Bawa was his possession of an illicit firearm loaded with six live cartridges. He had also fraudulently obtained a fake ration card by impersonating one Pranabh Jain, and used the forged card to apply for a passport under Jain's name.
Referring to a forensic science laboratory (FSL) report, the judge confirmed that Bawa was the "author" of the forged documents, including the ration card and passport application form. "The evidence leaves no room for doubt that Bawa impersonated Pranabh Jain and used Jain's educational certificates to manipulate govt departments into issuing the forged documents," the judge stated.
The court further highlighted that Bawa successfully used the fake ration card to support his passport application. It criticised the magistrate's decision to discredit the documents, despite forensic evidence confirming their authenticity.
The court also rejected the magistrate's claim that Bawa's application forms were unreliable because they were not self-attested. It found that the forensic evidence proving Bawa's involvement was sufficient to validate the documents.
Regarding the recovered illegal pistol, the court ruled that the evidence of the weapon's recovery could not be dismissed solely due to the absence of public witnesses at the scene. The testimony of police witnesses was found to be credible, and their accounts were corroborated by other evidence, including records of forged documents and expert testimony from a handwriting and ballistic expert.
The judgment marks a significant reversal of the earlier decision, reinforcing the importance of considering all available evidence in ensuring justice.