New Delhi, May 3 (UNI) A court here on Saturday acquitted two people facing charge of cheating in a 25-year-old case.

As per the case of prosecution, accused persons were entrusted with permission to use property number 261, Block A-3, Paschim Vihar, New Delhi for residential purpose on or before April 25, 2001, but they dishonestly continued to reside / use the aforesaid property without consent of the complainant / owner of the property in violation of expressed terms of instrument of property.

Furthermore, on or before April 25, 2001, accused persons committed forgery by preparing false document of the aforesaid property intending to use the forged documents of said property for the purpose of cheating and had sold the aforesaid property to one Ms Saroj Gupta by using alleged forged document.

Then, on or before April 25, 2001, accused persons fraudulently and dishonestly used the property documents that is agreement to sell and GPA between Mr D K Malik and Jagjeet Kaur dated March 12, 1983, and that a conveyance deed of the said property had been executed in DDA in their favour on February 25, 1999, as genuine despite knowing / having reason to believe the same to be forged, and thereby committed offences punishable under Sections 406, 468, 471 and 120B of Indian Penal Code.

After registration of First Information Report in 2001, the Investigating Officer (IO) of the case filed a chargesheet against the accused persons on January 13, 2005.

The court then framed charges under above-mentioned Sections of IPC against the accused persons, to which they pleaded not guilty.

Prosecution had examined five witnesses to prove the case against the accused persons.

After hearing arguments of both sides, Judicial Magistrate First Class Dr Aneeza Bishnoi said, "It is a settled position of law that the onus and duty to prove the case against the accused is upon the prosecution and the prosecution must establish the charges beyond reasonable doubt, which it has failed to do in the present case. I have no hesitation in holding that the accused persons are entitled to benefit of doubt in the present case."

"Resultantly, the accused persons namely Tasveer Singh and Jagjeet Kaur are entitled to benefit of doubt. The accused persons are hereby acquitted of the offences punishable under Sections 406, 468, 471, 120B of IPC for the abovementioned offences," the court added.

"Furthermore, even though allegations of forgery have been levelled against the accused persons, the said allegations have not been supported with any document and neither any FSL report has been placed on record to prove the alleged forgery," the court stated.

UNI XC