HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.214 of 2020
JUDGMENT:
1. This Criminal Revision Case is filed challenging the Judgment in Criminal Appeal No.622 of 2013 dated 02.09.2016 passed by the II Additional Metropolitan Sessions Judge, Hyderabad, confirming the judgment in C.C.No.181 of 2012 dated 28.06.2013 passed by the XII Additional Chief Metropolitan Magistrate, Hyderabad, whereby the petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of one year for the offences under Sections 468, 471 and 420 of IPC.
2. Briefly, the facts of the case are that the petitioner herein while he was proceeding in a Innova vehicle bearing registration No.AP 31 AU 8181 and on searching the vehicle, RC was found in the name of A1, but the insurance certificate in the name of A3. There were two number plates in the vehicle. The said number plates and the documents were seized under the cover of panchanama. The said facts were 2 investigated by the police and it was found that loan was taken by A3 for the purchase of Innova vehicle, which was hypothecated to finance company. However, he failed to pay any installments and sold the said vehicle to this petitioner.
3. Mainly, the trial Court and the learned Sessions Judge convicted this petitioner for the reason of the registration certificate of the vehicle standing in the name of this petitioner. Admittedly, the registration certificate was a forged one. However, it was not investigated as to who forged the said registration certificate.
4. To attract an offence under Section 468 of IPC, it has to be established that a person had prepared a false document as mentioned under Section 494 of IPC. The petitioner was in possession of a fabricated document. Since no evidence is adduced to show that this petitioner has fabricated the documents, the offence under Sections 468 of IPC is not attracted. However, for being in possession of fabricated documents and using it as genuine, offence under Section 471 3 of IPC is made out. Accordingly, the petitioner is acquitted for the offence under Sections 468 of IPC.
5. Learned counsel appearing for the petitioner would submit that the petitioner had undergone imprisonment of five months at the stage of appeal and during the crime stage. The petitioner was in fact victim in the hands of A3, who sold the vehicle and he did not have knowledge about the fabrication of the vehicle registration certificate.
6. Since the case was registered on 03.03.2009 and nearly 14 years have passed since the incident, this Court deems it appropriate to reduce the period of imprisonment to the period already undergone by the petitioner under both counts.
7. Accordingly, the Criminal Revision Case is disposed off. Consequently, miscellaneous applications, if any pending, shall stand closed.
________________ K.SURENDER, J Date: 29.03.2023 kvs 4 HONOURABLE SRI JUSTICE K.SURENDER Criminal Revision Case No.214 of 2020 Date:29.03.2023 kvs