Indian Penal Code 1860 – Section 198-Mens rea is an essential ingredient of the offence. Only because the accused could not establish her caste claim before the Committee, one cannot conclude that the accused corruptly used the caste certificate. Moreover, corruptly using the certificate is not sufficient. The accused must have knowledge that the certificate is false. The allegation that the certificate is false to the knowledge of the accused must be proved by the prosecution. (Para 7) Section 415,420 – Fraudulent or dishonest acts are essential ingredients of cheating. (Para 9)
Code Of Criminal Procedure 1973 – Section 378,386- The Appellate Court has to examine whether the findings recorded in the acquittal judgment are plausible findings that could have been recorded based on the evidence on record. Only if the Appellate Court is satisfied that the guilt of the accused is duly proved was the only plausible finding which could have been recorded based on the evidence on record, the Appellate Court can overturn the order of acquittal. In this case, no such finding has been recorded by the Sessions Court. Only because it is possible to take another view is no ground to overturn an order of acquittal. (Para 5)
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