State v. R. Vasanthi Stanley and Ors. - (Supreme Court) (15 Sep 2015)

Gender of accused to not be basis for determination of serious economic offences

MANU/SC/1028/2015

Criminal

An order of the High Court accepting submissions of the accused that she owed no dues to the complainant banks and further proceedings would be futile was set aside by the Supreme Court. Noting the seriousness of the offences – submitting forged documents to various banks to avail of loans – the Court rejected the claim of the Respondent, a former Assistant Commissioner of Income Tax and Member of Rajya Sabha, that she was unaware of her late husband’s business activities and had signed the documents (making her co-applicant and guarantor) without intention to cheat the banks. Holding that lack of awareness, knowledge or intent was neither considered nor accepted in economic offences, the Court reiterated that an accused could not seek discharge or acquittal on ground of her gender as that was not a constitutionally or statutorily valid argument.

Relevant : Inder Mohan Goswami v. State of Uttaranchal MANU/SC/7999/2007 CBI, ACB, Mumbai v. Narendra Lal Jain and Ors. MANU/SC/0162/2014 State of Maharashtra through CBI v. Vikram Anantrai Doshi and Ors. MANU/SC/0842/2014

Tags : FORGED DOCUMENTS LOAN WOMAN SETTLED DUES