Holding

A person who uses a forged document with knowledge and reason to believe it is forged is liable under section 471 IPC, even if co‑accused are acquitted of conspiracy.

Summary

The appellants, a doctor and his son, conspired with an assistant registrar to forge pre‑degree mark sheets to obtain medical college admission. The forged mark list was used knowingly, as evidenced by inconsistencies in marks, the date of the document, and the appellants' request for re‑valuation. The trial court convicted them under sections 471, 420, 120B and 201 IPC read with section 34, while the co‑accused were acquitted. The High Court upheld the convictions for sections 471 and 420 IPC, reducing the sentence, and the Supreme Court affirmed that knowledge and reason to believe a document is forged suffices for conviction under section 471, irrespective of the acquittal of co‑accused. The Court also rejected the plea for probation under the Probation of Offenders Act, 1958, emphasizing the need for deterrent punishment. The appeal was dismissed.

Issues considered

The appellant's conviction under section 471 IPC despite the acquittal of co‑accused for forgery and conspiracy.
Whether the appellants had knowledge or reason to believe the mark sheet was forged.
The applicability of section 34 IPC in the absence of a proven conspiracy.
The suitability of probation under the Probation of Offenders Act, 1958 given the appellant's age at the time of the offence.

Legislation cited

Indian Penal Code, 1860s. 120, s. 1208, s. 201, s. 24, s. 25, s. 26, s. 34, s. 420, s. 463, s. 464, s. 466, s. 468, s. 471
Probation of Offenders Act, 1958

Subjects

forgeryuse of forged documentsection 471 IPCcriminal conspiracysection 34 IPCmedical college admission fraudprobation actknowledge and reason to believe

Judgment

')
A.S. KRISHNAN AND ANR:
A
v.
ST ATE OF KERA LA - ~

·~
MARCH 17, 2004

B [DORAISWAMY RAJU AND ARIJIT PASA YAT, JJ.]

.,
Penal Code, 1860-Sections 471 & 420 rlw section 34-Criminal {
conspiracy entered into by a doctor and his son in forging the pre-degree
')
mark.sheets with the help of Assistant Registrar for obtaining admission in
c medical college on merit basis-71-ial Court acquitting the Assistant Registrar
as forgery against him was not proved and convicting the doctor and his son
for utilising forged documents-High Court confirming the conviction and
sentence-Correctness of-Held, a person using a forged document with
knowledge and intention can be convicted under section ~71 /PC-On facts

r
and evidence, they had knowledge and reason to believe that the mark sheets
D
were forged documents-Hence conviction upheld-Probation of Offenders
Act, 1958.

Appellant No. 2 - doctor entered into a criminal conspiracy to forge y
the mark sheets of the two years pre-degree examinations of his son,
E appellant No. I with the help of two other co-accused A-3 and A-4. A-4,
an Assistant Registrar, procured a blank mark list form, got the
impression of the facsimile signature of the Controller of Examinations
(PW I) and the University Emblem seal affixed on the blank mark list,
wrote higher marks in his own handwriting in the mark list form and
forged the initials of the concerned section assistant. A-4 further attested
F a true copy of the forged mark list with his designation and seal and gave
them to the appellants. Appellant No. 2 utilised the forged mark sheets in
obtaining admission for appellant No. 1 in first year MBBS course in a
medical college on merit basis. All the accused were charged for offences ·'
under sections 1208, 466, 468 and 471 IPC read with section 34 IPC. The
G trial court convicted both the appellants under sections 471, 420, 120B and
201 read with section 34 IPC and sentenced to them to suffer different
imprisonment of different terms under different sections. However, the
appellants were acquitted for offences under sections 467 and 468 IPC.
A-3 and A-4 were acquitted as the prosecution has failed to establish the
charge against them. High Court set aside the convictions under section
H 44
A.S. KRISHNAN v. STATE OF KERA LI\ 45

.,,... 1208 and 201 !PC and confirmed the conviction under sections 471 and A
420 read with section 34 !PC. The custodial sentence was reduced to three
months each for each of the offences.

In appeal to the Court, the appellants contended that the conviction
cannot be maintained against them after the acquittal of A-3 and A-4 by
the trial court; that the mark sheets and their true copies obtained from B
A-4 were never suspected or doubted by them for its correctness; that the
mark sheets are not forged documents; that section 34 !PC cannot be
applied to them since no conspiracy or common intention have been fonnd;
that they were acquitted of the charges under sections 201, 467 and 468
IPC; that the mark sheets cannot be forged documents since the charges
of forgery by A-4 were not established; and that appellant No. I should
c
be given the benefit under Probation of Offenders Act, 1958 as he was
aged about 17 years when the incident took place.

The respondent State contended that I.here were cogent evidence to
~ show that appellant No. 1 had received the actual and original mark sheets D
from his college; that appellant No. 1 has not applied for revaluation in
the second year; that the appellants had knowledge about the forgery of
-I mark sheets at the time signing the declaration in the application form;
that it was conceded before the High Court that the mark sheets were
forged documents; that even if A-3 and A-4 have been acquitted and
conspiracy had not been established, charge under section 471 !PC against E
the appellants does not get affected.

Dismissing the appeal, the Court

HELD: 1.1. It was clearly conceded before the High Court that D-4
was a forged document. What was urged before the High Court was that F
even if it is forged, the appellants had not used it deliberately or
)<
intentionally as a forged document. A comparison of the mark sheet filed
by A-1 with the marks register shows great variance. The High Court has
noticed that the appellants had asked for revaluation of the first year pre-
degree answer sheets as they were not satisfied with the marks shown in G
the mark list and claiming that A-1 should have obtained more marks. It
has not been disputed by the appellants that the marks obtained by A-1
in the first year for Paper I were known. Unless one knows the marks
secured in a particular examination, the question of seeking revaluation
does not arise. Though a claim was made that the result of revaluation
was not known so far as 1st year is concerned, the evidence on record H
46 SUPREME COURT REPORTS [2004[ 3 S.C.R.

A clearly proves to the contrary. In the communication relating to results
of revaluation, it had been clearly indicated that there was no change in
the marks. Obviously, the marks shown in excess of the actual in Ex.D-4
can be related to Paper II. The High Court has taken pains to analyse
that for the second year in respect of Paper II the maximum marks are
B 60 in the aforesaid three subjects. If the total marks for a paper are 60,
there cannot be even a shadow of doubt that A-l could not have secured
70 marks. If a student gets cent percent marks in paper II in each subject,
the total would come to 180, whereas on the basis of Ex.0-4 it comes to
190. This impossible difference would have attracted notice of A-1 and
A-2. They are not illiterate persons. A-1 was a brilliant student and A-2
C was a reputed doctor and that they would miss this simple aspect in mark
list is not only possible, to believe, but also would be against normal human
experience. [52-C-D, G-H; 53-A-EI

1.2. The forged mark list (Ex. D-4) is dated 30.6.1980. It was not
disputed before the High Court that the results were published for the first
D year degree course on 30.6.1980. If the results were published on 30.6.1980,
Ex.D-4 which is purported to have been drawn up after revaluation could
not have indicated a date seal of 30.6.1980. These factors clearly go to show
that A- l and A-2 had sufficient knowledge that there was forgery and they Y
had used the document knowing it to be forged. The pretended ignorance
E stood belied and self condemned on the indisputable materials on record.
The plea of innocence as presently advanced has no substance. [53-F-Hl

1.3. To attract Section 471 lPC, it is not necessary that the person
held guilty under the provision must have forged the document himself
or that the person independently charged for forgery of the document must
p of necessity be convicted, before the person using the forged document,
knowing it to be a forged one can be convicted, as long as the fact that
the 1document used stood established or proved to be a forged one. The )_
act or acts which constitute the commission of the offence of forgery are
quite different from the act of making use of a forged document. The
expression 'fraudulently and dishonestly' are defined in Sections 25 and
G 24 IPC respectively. For an offence under Section 471 IPC, one of the
necessary ingredients is fraudulent and dishonest use of the document as
genuine. The act need not be both dishonest and fraudulent. The use of
document as contemplated by Section 471 IPC must be voluntary one. For
sustaining conviction under Section 471 IPC it is necessary for the
H prosecution to prove that accused knew or had reason to believe that the
A.S. KRISHNAN vSl'ATE OF KERA LA 47
document to be a forged one. Whether the accused knew or had reason A
to believe the document in question to be a forged one has to be
adjudicated on the basis of materials and the finding recorded in that
regard is essentially factual. 154-A-El

1.4. A person must have reason to believe if the circumstances are
such that a reasonable man would, by probable reasoning, conclude or B
infer regarding the nature of the thing concerned. Such circumstances need
not necessarily be capable of absolute conviction or inference; but it is
sufficient if the circumstances are such creating a cause to believe by chain
of probable reasoning leading to the conclusion or inference about the
nature of the thing. These two requirements i.e. "knowledge" and "reason C
to believe" have to be deduced from various circumstances in the case.
[54-H; 55-A-BI

Joti Parshad v. State of Haryana, AIR (1993) SC 1167, referred to.

1.5. The accused appellants had not only the knowledge, but also D
had reason to believe that the document was a forged one before they used
it. Acquittal of some of the co-accused from the charge of conspiracy
cannot really affect the accusations under Section 471 IPC. Looked at from
i
any angle the judgment of the High Court does not suffer from any
infirmity to warrant interference. (55-C-D, F]
E
Madan Lal v. The State of Punjab, AIR (1967) SC 1590, referred to.

2. The High Court has already taken a liberal view so far as A-2 is
concerned. In a case when students use forged mark sheets to obtain
admission thereby depriving eligible candidates to get seats and that too
to a medical course and a doctor is involved in the whole operation, F
uncalled for leniency or undue sympathy will be misplaced and actually
> result in miscarriage of justice. Such types of crimes deserve as a matter
of fact, deterrent punishment in the larger interests of society. If at all,
the case calls for severe punishment. Thus, there is no substance in the
plea relating to reduction in sentence or extending the benefits of the G
Probation of Offenders Act, 1958. (55-F-H]

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.
916 of 1997.

From the Judgment and Order dated 21.8.97. of the Kerala High Court H
)
>(
48 SUPR·EME COURT REPORTS /2004] 3 S.C.R.

A in Cr!. R.P. No. 755 of 1988.
U.R. Lalit, T.L.V. Iyer, E.M.S. Anam and Fazlin Anam for the
Appellants.

Ramesh Babu M.R. for the Respondent.
B
The Judgment of the Court was delivered by

ARIJIT PASAYA T, J. The appeal presents a strange scenario where
the accusation is that appellant No. 2, a doctor doctored documents so that
his son appellant No. I would get admission to a medical college and become
C a doctor. Allegations were to the effect that they manipulated mark sheets
and on the basis of forged mark sheets he got admission which otherwise
would not have been available to him. The mark sheets related to the two
pre-degree examinations of the Kerala University conducted in 1978-79 and
1979-80, for two years i.e. 1st and Ilnd year respectively. They faced trial
D with two others. For the sake of convenience they are described as A-I and
A-2 and the other two who were acquitted as A-3 and A-4.

Prosecution version as unfolded during trial is essentially as follows:

A-1 is the son A-2, who was running a nursing home at Ernakulam
E during the relevant period and A-4 was an Assistant Registrar, Examination
Wing, Kerala University. A-I was a Pre-degree student during the academic
years 1978-79 and 1979-80 in the Mar lvanios College, Thiruvananthapuram,
affiliated to the Kerala University. He appeared for the first year Pre-degree
examination in April, 1979 and for second year Pre-degree examination in
April/May 1980. After the second year examination, A-I got following marks
p as indicated in the mark Iist issued by the Mar Ivanios College:
English : 204/300
Hindi 109/150
Physics 127/150
Chemistry 131/150
G
Biology 129/150
Grand total : 700/900

Total for the optional subjects, viz. Physics, Chemistry and Biology was 387
out of 450. The above mark list issued by the Kerala University to A-1,
H through Mar Ivanios College, Thiruvanthapuram was received. by both the
A.S. KRISHNAN v. STATE OF KERALA fPASA YAT • .f.] 49

appellants with their acknowledgement in the mark lists kept in the college. A
As both appellants were aware that the marks secured by the A-l were
insufficient to get an admission in any medical college for the first year
MBBS course in Kerala on merit, they entered into a criminal conspiracy
along with A-3 and A-4 on some day between 30.6.1980 and l 0.10.1980 for
forging a mark list showing higher marks and pursuant to such conspiracy A- B
4 in the case procured a blank mark list of Pre-degree examination and by
fraudulent means and without the knowledge and authority of the Controller
of Examinations (PW- I) got the impression of the facsimile signature of PW-
. ..,, I and the University emblem seal affixed on the blank mark list form. A-4
wrote in his own handwriting falsely and fraudulently the following marks in
the forms to have been secured by A- l in the Pre-degree final year C
examination:

English : 204/300

Hindi I 09/150
D
Physics 142/150

Chemistry 140/150

Biology 1381150

Grand total : 733/900
E

In addition totai of 420 marks out of 450 marks was shown for the optional
subjects, viz. Physics, Chemistry and Biology. A-4 forged the initials of the
concerned section assistants, who actually prepared the true mark list issued
through Mar lvanios College and received by A-I and A-2. A-4 also attested F
a true copy of the mark list (Ext.P27). He forged with his designation and
> seal and entrusted both the forged mark list and its true copy attested by him
(Ext.P27) to A-I and A-2. Ext.D-4 is the forged mark list. A-I and A-2
thereafter prepared an application form for admission to a medical college
during the year I 980-81 with their signatures by incorporating the marks
found in Ext.D-4, the forged mark list fully knowing the forged nature of G
Ext.D-4 and forwarded such application together with the attested true copy
Ext.P-27 of Ext. D-4 to the medical college, Thiruvanthapuram with the
fraudulent intention to make the concerned authorities to believe that the
marks shown in the application are the real marks obtained by A-1 and
thereby cheated the selection committee and obtained admission for the first H
)
x--
\

50 SUPREME COURT REPORTS [2004] 3 S.C.R.

A year M.B.B.S. course on merit basis. Appellants with the intention of causing
disappearance of the evidence of commission of the crime destroyed the true
genuine mark list/the true copy of which is marked as Ext.D-8 in this case
received by them from Mar lvanios College and thus the appellants and the
other acquitted accused committed the alleged offences. A-3 was an associate
B of A-2.

Information was lodged with the police. Investigation was undertaken
and on completion thereof charge sheet was filed indicating commission of
offence punishable under Sections l 208, 466, 468 and 471 of the Indian
Penal Code, 1860 (in short the '!PC') read with Section 34 IPC. The case was
C tried by the Special Court for trial of Mark list Cases, Trivandrum. Sixty
three witnesses were examined and 65 documents were marked. The accused
persons pleaded innocence, examined one person as DW-l and exhibited
documents. The trial Court found that the accusations were established so far
as A-3 and A-4 were concerned. It held the appellants A-1 and A-2 guilty of
offences punishable under Sections 471, 420, 1208 and 20 I read with Section
D 34 !PC and sentenced to suffer imprisonment for one year and two years for
the offence under Sections 471 and 420 respectively and six months each for
the charge under Section !20B and 201 read with Section 34 IPC. The accused
appellants were acquitted of the charges of the offence under Sections 467
and 468 !PC. By the impugned judgment the High Court found that the
E conviction was in order so far as the offences relatable to Sections 471, 420
read with Section 34 were concerned, but set aside the conviction for the
offences punishable under Sections 1208 and 20 I !PC. Custodial sentence
was reduced to three months each for the offences punishable under Sections
471 and 420 read with Section 34 !PC.

F In support of the appeal Mr. U.R. Lalit, learned senior counsel submitted
that after the acquittal of A-3 and A-4 who were primarily alleged to be
responsible for the forgery, conviction cannot be maintained so far as the "'-
appellants are concerned. A-4 had given not only the alleged forged mark
sheet but also himself attested a copy thereof. There was no reason for the
present appellants to suspect the correctness thereof. There was specific charge
G of conspiracy relating to forged mark sheet and to commit an illegal act. The
forgery was alleged so far as A-4 is concerned. Sections 463 to 471 require
as an essential ingredient the existence of a forged document and use thereof.
It cannot be ,said that the document in question is a forged document. The
father (appellant No. 2) took a document from A-4 and handed it over to A-
H I who used it. The son (A- I) could not have entertained doubt that the
A.S.KRISHNANv.STATEOFKERALA [PASAYAT,.I.] 51
document handed over to him by the father was a forged one. Un less there A
is conspiracy or common intention, Section 34 would have no application.
Even in the instant case, charge of offence punishable under Section 201 was
set aside and there was acquittal of the charges relatable to Sections 467 and
468. The document cannot be said to be a forged one and when charges of
forgery were not established, there was no question of a forged document
being there. On hypothetical basis the High Court has proceeded to conclude B
that the document was forged as it attributed knowledge of the forgery and
manipulation of the documents to the appellant. All non-genuine documents
are not forged. They must be covered by the conditions indicated in Sections
463 and 464. There is no mens rea involved. Unless the part allegedly played
by A-4 is established, there cannot be a forged document. The prosecution C
has failed to prove the minimum requirements of law. It is a case of prosecution
having not proved its case. Even if it is assumed that the document was
forged, A-I cannot be said to have knowledge or to have used it fraudulently
or dishonestly. There must be a reason to believe that it was a forged one.
The expression 'reason to believe' is defined in Section 26 !PC. When the
facts of the case in the background of Section 26 are noted, it cannot be said D
that the appellants had reason to believe that the document was forged. The
expression used is 'reason to believe' and not 'reason to suspect' which are
conceptually different. When the documents were handed over by A-4, there·
was no scope for either A-2 or A-1 entertaining any doubt, because the
source from which the document came is that of Assistant Registrar who is E
authorised to issue the certificate. The criminal intent is totally eliminated by
he factual scenario. The natural reaction would have been to believe the
document to be correct. No knowledge can be attributed to A-I when the
forgery or alleged conspiracy is not established. When charge of conspiracy
has been not held to be proved, the knowledge cannot be traced to the
accused persons. Since no conspiracy has been found in A-1 and A-2, by F
necessary implication Section 34 is eliminated. Even otherwise, the incident
took place more than quarter of a century back when A- I was a student and
aged about 17 years, and this is a fit case for extending the benefit under the
Probation of Offenders Act 1958, (in short the 'Probation Act').

In response, learned counsel for the State submitted that clean and
G
cogent evidence show that the actual mark sheets were received by appellant
No. I from the college. There is no evidence to show that he had applied for
re-valuation for the second year. The procedure to be adopted for seeking re-
valuation is admittedly known to the appellant, because A- I had applied for
the previous year. The result on revaluation was communicated so far as first H
;
\

52 SUPREME COURT REPORTS /2004/ 3 S.C.R.

A year is concerned. The High Court has analysed the evidence IQ show that as
required in the declaration form A-2 had signed the application. Therefore,
it cannot be said that neither A- I nor A-2 had any knowledge about the
forgery. It has been conceded before the High Court that Exh.D-4 was a
forged document. Even if A-3 and A-4 have been acquitted and/or conspiracy
B has not been established. charge under Section 471 does not get affected.

Certain factual aspects need to be noted in the present case. Though
criticism was levelled against the analysis made hy the High Court to find out
how on the basis thereof it was held that the document was forged one, we
find no substance therein. It was clearly conceded before the High Court that
C D-4 was a forged document. What was urged before the High Court was that
even if it is forged, the appellants had not used it deliberately or intentionally
as a forged document. A comparison of the mark sheet filed by A- I with the
marks register shows great variance. The High Court has noticed that the
appellants had asked for revaluation of the first year pre degree answer sheets
as they were not satisfied with the marks shown in the mark list and claiming
D that A-1 should have obtained more marks. Evidence was let in by the
prosecution to indicate that in Part II Examination, optional subjects are there
and the subjects are Physics, Chemistry and ·Biology and the maximum one
can get in one of the above optional subjects is l 50 marks and 45 marks were '<
required to be obtained to pass. Part l consists of English and language other
E than English. As noticed by the High Court, Part II (optional subjects) each
subject consists of Paper l, Paper II and practical. The examination for Paper
I is conducted in the first year, wlw·e A-1 appeared in 1979. Paper II is
written in the second year of the course and A-1 undisputedly appeared in the
year l 980. The total marks af l 50 are split as follows:
Paper l (1st year) 40 marks
F
Paper II (2nd year) 60 marks
Practicals 50 marks

It has not been disputed by the appellants that the marks obtained by
A-I in the first year for Paper l were known. What they had done was to ask
G for revaluation. A-1 had obtained 24, 33 and 35 marks in Physics, Chemistry
and Biology (as evidenced by Ext. P2). There is no provision for seeking
revaluation for practical examination and it is only restricted to theory papers.
Unless one knows the marks secured in a particular examination, the question
of seeking revaluation does not arise. Though a claim was made that the
H result of revaluation was not known so far as !st year is concerned, the
A.S. KRISHNANv.STATEOFKERALA [PASAYAT,.I.] 53
evidence on record clearly proves to the contrary. In the communication A
relating to results of revaluation it had been clearly indicated that there was
no change in the marks. Obviously, the marks shown in excess of the actual
in Exh.D-4 can be related to Paper II. The excess marks are 33, i.e. 15, 9 and
9 in Physics, Chemistry and Biology respectively. As per Exh. D-4 the marks
indicated are 142, 140 and 138 for the aforesaid three subjects. The High
Court has taken pains to analyse that for the second y~ar '!l respect of Paper B
II the maximum marks are 60 in the aforesaid three subjects. If by way of
illustration, Physics marks are taken, originally before revaluation the mark
secured by A-1 was 55 and if excess 15 marks are added to it, as the allegedly
--r forged document shows the total comes to 70 marks. If the total marks for
a paper are 60, there cannot be even a shadow of doubt that A-! could not C
have secured 70 marks. Similar is the case of Biology, where the marks
. would be 61 against a total maximum marks of 60. Of course in Chemistry
59 marks are shown as against maximum 60 marks. If a student gets cent
percent marks in paper II in each subject the total would come to 180,
whereas on the basis of D-4 it comes to 190. This impossible difference
would have attracted notice of A-1 and A-2. They are not illiterate persons. D
As claimed by learned counsel for the appellants, A- I was a brilliant student
and A-2 was a reputed doctor and that they would miss this simple aspect in
mark list is not only possible, to believe, but also would be against nonnal
human experience. The High Court also on the basis of evidence tendered by
PW-60, came to conclude that in the first year for Paper I the total marks E
secured by A-1 was 92 and practical marks were 138. Even if it is conceded
for the sake of arguments, as submitted by learned counsel for the appellant,
that A-1 secured cent percent marks in Paper II the total marks would have
come to 92+ 138+ 180 which would make a total of 410, and not 420 as
Ext.D-4 shows.
F
Another interesting feature has been noticed by the High Court to
show how it would have been impossible for A-I and A-2 to overlook
something tainted appearing to even naked eyes. Exh.D-4 is dated 30.6.1980.
It was not disputed before the High Court that the results were published for
the first year degree course on 30.6.1988. If the results were published on G
30.6.1980, Exh.D-4 which is purported to have been drawn up after revaluation
could not have indicated a date seal of 30.6.1980. These factors clearly go
to show that A-1 and A-2 had sufficient knowledge that there was forgery
and they had used the document knowing it to be forged. The pretended
ignorance stood belied and self condemned on the indisputable materials on
record. The plea of innocence as presently advanced has no substance. H
I
-:(!
\

54 SlJPRl'ME COURT REPORTS [20041 3 S.C.R.

A The essential ingredients of Section 471 are (i) fraudulent or dishonest ,J'

use of document as genuine (ii) knowledge or reasonable belief on the part
of person using the document that it is a forged one. Section 471 is intended
to apply to persons other than forger himself, but the forger himself is not
excluded from the operation of the Section. To attract Section 471, it is not
necessary that the person held guilty under the provision must have forged
B the document himself or that the person independently charged for forgery of
the document must of necessity be convicted, before the person using the
forged document, knowing it to be a forged one can be convicted, as long as
the fact that the document used stood established or proved to be a forged
one. The act or acts which constitute the commission of the offence of forgery
c are quite different from the act of making use of a forged document. The
expression 'fraudulently and dishonestly' are defined in Sections 25 and 24
!PC respectively. For an offence under Section 471, one of the necessary
-
ingredients is fraudulent and dishonest use of the document as genuine. The
act need not be both dishonest and fraudulent. The use of document as
contemplated by Section 471 must be voluntary one. For sustaining conviction
D under Section .471 it is necessary for the prosecution to prove that accused
knew or had reason to believe that the document to be a forged one. Whether
the accused knew or had reason to believe the document in question to be a
forged has to be adjudicated on the basis of materials and the finding recorded
in that regard is essentially factual.
E Under the !PC, guilt in respect of almost all the offences is fastened
either on the ground of "intention" or "knowledge" or "reason to believe".
We are now concerned with the expressions "knowledge" and "reason to
believe". "Knowledge" is an awareness on the part of the. person concerned
indicating his state of mind. ''Reason to believe" is another facet of the state
F of mind. "Reason to believe" is not the same thing as "suspicion" or "doubt"
and mere seeing also cannot be equated to believing. "Reason to believe" is
a higher level of state of mine. Likewise "knowledge" will be slightly on
higher plane than "reason to believe". A person can be supposed to know
where there is a direct appeal to his senses and a person is presumed to have
a reason to believe if he has sufficient cause to believe the same. Section 26
G !PC explains the meaning of the words "reason to believe" thus:
26 - "Reason to believe": A person is said to have 'reason to believe'
a thing, if he has sufficient cause to believe that thing but not otherwise.
)y
In substance what it means is that a person must have reason to believe
H if the circumstances are such that a reasonable man would, by probable
~
i

A.S.KRISHNANvSTATEOFKERALA [PASAYAT,.l.] 55

reasoning, conclude or infer regarding the nature of the thing concerned. A
Such circumstances need not necessarily be capable of absolute conviction or
inference; but it is sufficient if the circumstances are such creating a cause
to believe by chain of probable reasoning leading to the conclusion or inference
about the nature of the thing. These two requirements i.e: "knowledge" and
"reason to believe" have to be deduced from various circumstances in the
case. See Joti Parshad v. State of Haryana, AIR (19Y1) SC 1167. B
As noticed by the High Court in great detail, the factual position leaves
no manner of doubt that the accused appellants had not only the knowledge,
but also had reason to believe that the document was a forged one before
they used it. C
Acquittal of some of the co-accused from the charge of conspiracy
cannot re!lll)' .iffy~~. !li~.~\;cusa,tions under Section 471 !PC. In Madan Lal v.
The State Of Punjab, AIR (1967) SC 1590 two persons were tried for alleged
commission of offences punishable under sections 409, 465, 477-A and 120B
!PC. Though the accusations under Section 120B were set aside, the High D
Court confirmed the conviction under Section 409 simpliciter. A contention
was raised before this Court that if the charge relating to criminal breach of
trust was along with the charge of conspiracy, conviction simpliciter for
criminal breach of trust would not be valid. This Court held that if the charge
of conspiracy is followed by substantive charge of another offence there is
nothing to prevent the Court convicting an accused for the substantive charge E
even if the prosecution had failed to establish conspiracy. Looked at from
any angle the judgment of the High Court does not suffer from any infirmity
to warrant interference.

So far as the question of sentence is concerned, we find that the High F
Court has already taken a liberal view so far as A-2 is concerned. In a case
when students use forged mark sheets to obtain admission thereby depriving
eligible candidates to get seats and that too to a medical course and a doctor
is involved in the whole operation, uncalled for leniency or undue sympathy
will be misplaced and actually result in miscarriage of justice. Such types of
crimes deserve as a matter of fact, deterrent punishment in the larger interests G
of society. If at all, the case calls for severe punishment. We find no substance
in the plea relating to sentence or extending the benefits of the Probation Act.
The appeal fails and is dismissed.

B.S. Appeal dismissed.
H