Indian Penal Code, 1860
Section 420 read with Section 12(2) of the Passports Act—Illegally facilitating issuance of second passport in favour of first accused—Conviction—Court cannot convict one accused and acquit other when there is similar or identical evidence pitted against two accused persons—Allegations against appellant being the same as made against third and forth accused—Courts below could not have convicted the appellant while acquitting the other two—Evidence of employee of the proprietorship firm of the appellant is not reliable and trustworthy—Evidence of handwriting expert is also not corroborated by any other evidence—It is held by the Apex Court in catena of decisions that, without independent and reliable corroboration, the opinion of handwriting experts cannot be solely relied upon to base the conviction—Burden is cast on the prosecution to prove that the appellant had knowingly furnished false information or suppressing known material information with the intent of securing a passport or travel document to a person and thereby had abetted in the commission of offence punishable under Section 12(1) and thereby punishable under Section 12(2) of the Passports Act—Prosecution had failed to place on record any evidence to prove that the appellant had any previous knowledge of first accused was already possessing a passport—Prosecution had failed to prove the guilt of the appellant beyond reasonable doubt—Appellant acquitted of offences alleged against her—Appeal allowed.
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