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Vandana vs. State of Maharashtra (SC)

52.00 5.20

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Penal Code, 1860–Secs. 420 & 468/34 [Corresponding Secs. 318(4) & 336(3)/3(5) of BNS, 2023]–Conviction–Sustainability–Allegation that the appellant attempted to secure the admission to BSW-III course on the basis of tempered documents–The mark-sheets and the revaluation documents went through a chain of custody–No reliable evidence to show that the alleged tampering was effected by the appellant herself or while the documents were in her exclusive custody–Passing of the alleged document through the hands of several persons before it was detected as forged, render unsafe to arrive at a conclusion that the appellant had authored the tampering or possessed the contemporaneous knowledge of such tampering–No handwritting or forensic expert opinion was obtained regarding the authorship of alleged tampering–Non-compliance with the provisions of Sec. 313–Several incriminating circumstances were put to the appellant in compound and omnibus questions–Held, conviction of the appellant cannot be sustained.