All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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35.

A asks B to forge a registered sale deed for him and B does so. A misrepresents the forged sale deed to be the genuine one and sell C's property to D. Which of the following statements is the most correct application of the principle below ?


Principle :

Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document shall be punished in the same manner as if he had forged such document.
A: A and B have both committed forgery and shall be punished in a like manner.
B: A has committed forgery and shall be punished for the same while B shall not be punished as he did not use the forgery document for any fraudulent purpose.
C: B has committed forgery and shall be punished but A has not committed any offence.
D: B is guilty of forgery and A is guilty of using a forged document as genuine. A shall also he punished as though he had forged the sale deed.
E: Neither A nor B have committed any offence as registered sale deeds are public documents and D ought to have checked carefully before buying the property.

The answer is: D

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Explanation

D: B is guilty of forgery and A is guilty of using a forged document as genuine. A shall also be punished as though he had forged the sale deed.

Explanation:

The principle mentioned states that whoever fraudulently or dishonestly uses as genuine any document which they know or have reason to believe to be a forged document shall be punished in the same manner as if they had forged such document.

In this scenario:

• B has committed forgery by forging the registered sale deed.

• A has used the forged document (the sale deed) fraudulently, misrepresenting it as genuine when selling C's property to D.

According to the principle, both forgery (by B) and the fraudulent use of the forged document (by A) are punishable offenses. A is also liable as if he had forged the sale deed himself. Therefore, option D is the most correct application of the principle. Both A and B are involved in illegal activities in this case.