LAW FOR ALL

entered into a criminal conspiracy to cheat the Regional Passport Office, Trichy in order to obtain passports on the basis of creating ante- dated passport applications with duplicate file numbers, so as to make them appear as old cases, accompanied by forged enclosures such as police verification certificates etc. = Delhi Special Police Establishment Act, 1946- “5. Extension of powers and jurisdiction of special police establishment to other areas.—(1) The Central Government may by order extend to any area (including Railway areas), in a State, not being a Union Territory the powers and jurisdiction of members of the Delhi Special Police Establishment for the investigation of any offences or classes of offences specified in a notification under Section 3. (2) When by an order under sub-section (1) the powers and jurisdiction of members of the said police establishment are extended to any such area, a member thereof may, subject of any orders which the Central Government may make in this behalf, discharge the functions of a police officer in that area and shall, while so discharging such functions, be deemed to be a member of a police force of that area and be vested with the powers, functions and privileges and be subject to the liabilities of a police officer belonging to that police station. (3) where any such order under sub-section (1) is made in relation to any area, then, without prejudice to the provisions of sub-section (2) any member of the Delhi Special Police Establishment of or above the rank of Sub-Inspector may subject to any orders which the Central Government may make in this behalf, exercise the powers of the officer in charge of a police station in that area and when so exercising such powers, shall be deemed to be an officer in charge of a police station discharging the functions of such an officer within the limits of his station.” : it is very well established by the prosecution that the filled up passport applications were submitted by A-5 (appellant herein) on behalf of her employer A-3. Further, in majority of passport applications (Exh. P-2 to P-43), bogus particulars were filled by A-5 (appellant herein), at Trichy. The prosecution has also established that A-5 has given false particulars regarding the place of residence of applicants’ in the passport applications in view of her admission in 313 statement that she was working in Goodluck Travels and assisting Rajendran (A-3) in preparing applications and filing them before the Passport Office as well as handling the affairs connected therewith which clearly prove that A-5 has filled up the said passport applications (Exh.P-2 to P-43). We are also satisfied that the prosecution has clearly established that false documents were made for the purpose of cheating and those documents were used as genuine for obtaining passports. 25) In the light of the overwhelming evidence placed by the prosecution, analyzed by the trial Court and affirmed by the High Court, interference by this Court with concurrent findings of fact by the courts below is not warranted except where there is some serious infirmity in the appreciation of evidence and the findings are perverse. Further, this Court will not ordinarily interfere with appreciation of evidence by the High Court and re-appreciation is permissible only if an error of law or procedure and conclusion arrived are perverse. 26) Taking note of the fact that the appellant is having a small child, while confirming the conviction we reduce the sentence to six months from two years. 27) With the above modification i.e., reduction of sentence, the appeal stands disposed of.