Law: Penal Cede (XLV of 1860)

Section: 417,511,193

Penal Code (XLV of 1860), Ss. 417/511 & 193/511Sending of bogus insured letters-Whether amounts to attempt at cheating postal authorities-Conviction under Ss. 417/511 and 193/511 whether maintainable.   The petitioner in the present case filled two cover with blank papers and having insured each of them for Rs. 600 attempted to dispatch them through the post office to two persons residing in Calcutta. The postal authorities declining to forward the covers on the ground that they had been sealed with a four-anna piece, which was not recognised as a valid form of sealing, called upon the petitioner to take back the two covers. On the petitioners declining to do so, the covers were opened and it was discovered that they contained nothing but blank sheets of papers. Being put to trial he was convicted under sections 417/511 and 193/511, Penal Code for attempting to cheat the Postal authority- and for attempting to create false evidence to use the same subsequently by means of judicial procedure. On appeal against conviction.   Held, that obviously, though the petitioner was preparing to cheat somebody yet on the evidence there was nothing to show that it was a definite attempt to cheat anybody and in that view of the matter he could not be convicted under section 417/511, Penal Code.   Even if the ultimate object of the petitioner was to cheat the Postal authorities, it could not be said that by representing that the two covers each contained Rs. 600 and getting the Postal authorities to accept them for dispatch to their des tinations, he was thereby attempting to cheat the Postal authority. The prospect of his ultimately obtaining compen sation from the Postal authority was too remote to be construed as a causa causans' of offence under section 417/511 of the Penal Code.   Further there was nothing to show that the petitioner had in contemplation any object of instituting legal proceedings in order to claim the sum of Rs. 1,200 from the Postal Department and as such it was far too remote a consideration to warrant any conviction under section 193/511, Penal Code.    JUDGMENT   ELLIS, C. J.---In this case a Rule was issued…