The Allahabad High Court, on May 24, 3034, provided relief to Samajwadi Party leader Azam Khan in a case involving a fake birth certificate by suspending his conviction. However, the court did not extend the same relief to his wife, Tanzeen Fatima, and son, Abdullah Azam, although their pleas for suspension of sentence were granted, and they were released on bail.
Justice Sanjay Kumar Singh, presiding over the bench, made a notable distinction between Azam Khan's case and that of his wife and son. Consequently, while Azam Khan's conviction was stayed/suspended pending criminal revision, his family members' convictions remained unaffected.
The case originated on January 3, 2019, following a complaint by Akash Saxena, now the BJP MLA from Rampur, accusing Azam Khan and his wife of obtaining fraudulent birth certificates for their son Abdullah Azam Khan. The discrepancies between Abdullah's birth certificates and educational records raised suspicions of forgery, allegedly to facilitate Abdullah's participation in the 2017 elections.
The trio was convicted under various sections of the Indian Penal Code related to cheating, forgery, and criminal conspiracy. Despite their appeals, both at the trial court and the Additional Sessions Judge level, their convictions were upheld.
However, during the proceedings at the High Court, Justice Singh scrutinized the evidence presented against Mohammad Azam Khan. He highlighted the absence of substantial evidence linking Azam Khan to the alleged deception or forgery. Justice Singh emphasized the importance of legal proof over conjectures or suspicions, citing Section 3 of the Evidence Act. Ultimately, the court suspended Azam Khan's conviction, considering the lack of concrete evidence against him.
The case, titled Mohammad Azam Khan Vs. State of U.P. and Connected Matters, underscores the judicial examination of evidence and the application of legal principles in determining the validity of the convictions.
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