The charge of forgery against two directors of Jharkhand Ispat Pvt Ltd, R C Rungta and R S Rungta, who were convicted for offences of cheating and conspiracy in a coal scam case, has not been proved, a special court said Monday.
The court's finding came as it acquitted the Rungtas of the charges of forgery and using forged documents as genuine in the case.
Special CBI Judge Bharat Parashar said the offences under sections 467 (Forgery of valuable security, will, etc), 468 (Forgery for purpose of cheating) and 471 (Using as genuine a forged document or electronic record) of IPC does not stand proved against the accused.
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"Since the basic ingredient of the offence of forgery that the document in question should amount to making a false document is not made out, so the charge for the offence under section 468 IPC and consequently for the offence under section 471 IPC as against accused R S Rungta cannot hold ground," the court said.
It said that deed of agreement to sell and project profile report prepared by MECON Ltd does not amount to making of false document and thus, the charge does not hold ground against the accused.
"I may state that in overall facts and circumstances of the case, the said two documents also do not amount to making of false document under section 464 IPC and thus the charge for the offences under sections 467/468/471 IPC does not hold ground against accused R C Rungta also," the judge said.
"The offences under sections 467, 468 and 471 of IPC as against accused R C Rungta does not stand proved, so he accordingly stands acquitted for the said offences," it said.
CBI had earlier alleged that the accused had forged a deed of agreement to sell and the prosecution argued that it was purported to be a valuable security.
CBI had alleged that R C Rungta had also forged a project profile report prepared by MECON Ltd and used them knowing that the documents were forged.
The court had in March last year framed charges against them for the offences punishable under sections 120 B (criminal conspiracy) read with 420 (cheating), 467, 468 and 471 of IPC.