Mohd. Asif vs The State Of Telangana
2023 Latest Caselaw 1461 Tel

            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

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

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

HONOURABLE SRI JUSTICE K.SURENDER

Criminal Revision Case No.214 of 2020

Date:29.03.2023

kvs