Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 420---Cheating and dishonestly inducing delivery of property---Appreciation of evidence---Appeal against acquittal---Prosecution case was that the appellant purchased a vehicle against Rs.7,50,000/- from alleged original owner and sold it out to some other person---Some one submitted an application to the police alleging that his vehicle (which was purchased by the appellant) was missing---Said vehicle was recovered from the last purchaser with the connivance of respondent and alleged original owner got the vehicle in question on superdari, while the last purchaser took back his amount from the appellant---Trial Court acquitted the accused-respondent---Validity---Record showed that FIR of the case was registered after about four years from the date of committing alleged cheating, which was sufficient to make the case of prosecution highly doubtful and stance of complainant incredible---Record and testimony of the prosecution witnesses manifested that it was a civil transaction between the parties and civil liability, if any, but altered into a criminal case---Intention to deceive must exist at the time of inducement to deliver property, which in the present case was missing---Circumstances established that prosecution had failed to bring home the charge against the accused-respondent beyond reasonable doubt and defence had succeeded to create serious doubts and dents in the prosecution case---Appeal against acquittal was dismissed in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 420---Cheating and dishonestly inducing delivery of property---Scope---Offence of cheating was not committed if no deception was practiced---In cases of cheating and dishonestly inducing delivery of property, state of mind was to be ascertained from the conduct of the accused and the surrounding circumstances. (c) Criminal trial--- ----Conviction---Scope---Accused could not be convicted merely on presumption, unless proven guilty through reliable and confidence inspiring evidence. (d) Criminal trial--- ----Benefit of doubt---Principle---If a single doubt was created even then the defence was entitled to the benefit of doubt not as a matter…

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