Court affirms conviction of airline official for forging infant ticket into adult fare; appeal dismissed

A bench of Justices Sudhanshu Dhulia and Prashant Kumar Mishra heard an appeal against concurrent convictions arising from alleged tampering and forgery of an air ticket issued at Jammu Airport and challenged the finding of criminality under the Ranbir Penal Code and the Prevention of Corruption Act.

The Court affirmed the Trial Court and High Court findings and dismissed the appeal. It held that evidence, including the report of the handwriting expert and the testimony of a witness acquainted with the appellant's handwriting, sufficiently proved that the appellant prepared an infant ticket in a fictitious name and subsequently tampered with the flight coupon to convert it into an adult ticket, thereby enabling travel on payment of a lesser fare. The Court reiterated the sentencing order of simple imprisonment for six months and a fine of Rs. 5,000 for each offence, to run concurrently. The Court, in its reasoning, observed: “...yet in view of the report of the handwriting expert (H.M. Sexena/PW-8) and that of J.P. Jaiswar (PW-5), it is proved that on the date of offence the appellant was discharging the duty of issuance of air tickets at Jammu Airport of the Indian Airlines and under his handwriting the questioned auditor coupon and flight coupon were issued. We are in full agreement with the finding recorded by the Trial Court and affirmed by the High Court that it was the appellant alone who could have manipulated the document because the subject coupons were in his possession on the relevant date.” The Court further stated that "the appeal being sans substance, it deserves to be and is hereby dismissed."

Background

The dispute arose from a complaint lodged on 27.12.1997 by the Manager (Vigilance), Indian Airlines, alleging that employees in connivance with a travel agent procured infant tickets, altered them to adult tickets and sold them for profit. The appellant, then Traffic Superintendent at Indian Airlines, Jammu, was accused of preparing an infant ticket in the fictitious name "Master Azim" and depositing Rs. 102/-, then tampering the flight coupon to create an adult ticket in the name "Vikram" for the Jammu–Delhi sector with fare Rs. 3,105/-, enabling travel on 19.11.1997.

CBI registered the crime and, after investigation, filed a chargesheet. At trial the prosecution examined nine witnesses including airport managers, the cashier, vigilance officers, a station manager, the Deputy Government Examiner of Questioned Documents and the investigating officer. The Trial Court found that the questioned auditor coupon and flight coupon bore the appellant’s handwriting and that he, being on duty at the ticket counter, had exclusive access to and possession of the coupons on the relevant date. The appellant denied guilt and was examined under Section 313 Cr.P.C. but led no defence evidence.

On appeal, the High Court reappreciated evidence and affirmed conviction under Sections 420, 468 and 471 of the Ranbir Penal Code and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1988. The appellant relied on authorities contending lack of admissible evidence, but the Supreme Court found the expert and ocular evidence sufficient to sustain the finding of forgery and corruption, observing that the coupons were in the appellant’s possession and that he alone could have manipulated them. The appeal was dismissed and the concurrent sentences and fines were upheld. No interim directions or liberty were recorded in the judgment.

Case Details: Case No.: CRIMINAL APPEAL NO(s). 1020 OF 2022 Case Title: Surinder Dogra v. State through Director CBI Appearances: For the Petitioner(s): Counsel not indicated in the judgment For the Respondent(s): Counsel not indicated in the judgment