Offence of forgery
I asked my friend to collect my rent allowance from our cashier on my behalf. After taking the money he signed the pay-list on my behalf. He is now being accused of forgery on the ground that he signed the pay-list purporting to be me. Is there anything wrong he did as the money was really due to me? I see nothing wrong with this.
OG, Moshi
Section 333 of the Penal Code [Cap. 16 R.E 2019] defines forgery as creating a false document with the intent to deceive or defraud. If the money was due to you and he delivered it to you, there is no crime he committed. The mere fact that your friend signed the pay-list purporting to be you, does not in itself make him guilty of forgery if at the time of signing he had no guilty intent to defraud or deceive the cashier. False signature in the document itself is not enough to establish the offence of forgery. It is coupled with intent to deceive or defraud. Unless there is something you have not disclosed to us, in this case we see no intent and hence no forgery.