LexSURINDER DOGRA versus STATE THROUGH DIRECTOR CBI
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[2025] 2 S.C.R. 696 : 2025 INSC 258 Surinder Dogra v. State Through Director CBI (Criminal Appeal No. 1020 of 2022) 21 February 2025 [Sudhanshu Dhulia and Prashant Kumar Mishra,* JJ.] Issue for Consideration Whether the concurrent conviction of the appellant under Sections 420, 468 and 471, Ranbir Penal Code, 1989 and Section 5(1)(d) read with Section 5 (2), Prevention of Corruption Act, 1988 was justified. Headnotes† Ranbir Penal Code, 1989 – ss.420, 468 and 471 – Prevention of Corruption Act, 1988 – ss.5 (1) (d), 5 (2) – Appellant posted as Traffic Superintendent, Indian Airlines, Jammu at the relevant time prepared an infant ticket in a fictitious name and then tampered the flight coupon of the same ticket by way of forgery to make it an adult ticket causing loss to the Airlines and obtaining pecuniary advantage for himself – Convicted concurrently – Challenge to: Held: Impugned judgment of the High Court not interfered with – Report of the handwriting expert (PW-8) and that of PW-5, prove that on the date of offence the appellant was issuing air tickets at Jammu Airport of the Indian Airlines and under his handwriting the questioned auditor coupon and flight coupon were issued – It was the appellant who issued the auditor coupon and the flight coupon allowing Mr. ‘V’ to travel by paying fare of Rs. 102/- instead of the infant, who was issued the original ticket for Rs. 102/- – It was the appellant alone who could have manipulated the document because the subject coupons were in his possession on the relevant date – Appellant committed offence u/ss.420, 468 and 471, RPC and s.5 (1) (d) r/w s.5 (2), 1988 Act. [Paras 6-9] Case Law Cited Sait Tarajee Khimchand v. Yelamarti Satyam, AIR (1971) SC 1865; Ram Narain v. State of Uttar Pradesh [1973] 3 SCR 911 : AIR * Author [2025] 2 S.C.R. 697 Surinder Dogra v. State Through Director CBI (1973) SC 2200; Kale & Ors. v. Deputy Director of Consolidation & Ors. [1976] 3 SCR 202 : AIR (1976) SC 807; Sharad Birdhichand Sarda v. State of Maharashtra AIR (1984) SC 1622; State of Rajasthan v. Islam AIR (2011) SCW 1748; V.C. Shukla v. State Through CBI [1980] 2 SCR 380 : AIR (1980) SC 962 – referred to. List of Acts Ranbir Penal Code, 1989; Prevention of Corruption Act, 1988; Code of Criminal Procedure, 1973. List of Keywords Concurrent conviction; Traffic Superintendent; Indian Airlines; Infant ticket; Fictitious name; Tampered; Flight coupon; Forgery; Auditor coupon; Adult ticket; Loss to the Airlines; Pecuniary advantage; Handwriting expert. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1020 of 2022 From the Judgment and Order dated 12.04.2019 of the High Court of J&K at Jammu in CRA No. 03 of 2006 Appearances for Parties Advs. for the Appellant: Ankush Manhas, P. D. Sharma. Advs. for the Respondent: Brijender Chahar, A.S.G., Mukesh Kumar Maroria, Anukalp Jain, Vvv. Pattabhi Ram, Ms. Aakanksha Kaul, Praneet Pranav, Digvijay Dam. Judgment / Order of the Supreme Court Judgment Prashant Kumar Mishra, J. 1. The appellant has been convicted concurrently by the Trial Court and the High Court, under the impugned judgment, for committing offences punishable under Sections 420, 468 and 471 of the Ranbir 698 [2025] 2 S.C.R. Supreme Court Reports Penal Code (RPC) of 19891 and Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1988 and has been sentenced to undergo simple imprisonment for a period of six months for each of the offence and to pay a fine of Rs 5,000/- for each of the offence. The sentence has been directed to run concurrently. 2. At the relevant time, the appellant was posted as Traffic Superintendent, Indian Airlines, Jammu. The allegation against the appellant is that on 19.11.1997, while manning the ticket sale counter at Jammu Airport, he prepared an infant ticket in a fictitious name and tampered by way of forgery its flight coupon to make it an adult ticket, thereby obtaining pecuniary advantage for himself and causing loss to the Airlines. 3. Shri Romesh Malhotra, Manager (Vigilance), Indian Airlines lodged a complaint on 27.12.1997 on which CBI registered the present crime. It was stated in the complaint that M/s. Blue Bird Tours & Travel in connivance with Shri Rattan Chand and some unknown officials of Indian Airlines, Jammu were able to procure infant tickets from Indian Airlines office, which were tampered from infant tickets to adult tickets, from
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