Delhi District Court
State vs Madan Chander Dass on 25 January, 2024
IN THE COURT OF SH. SACHIN SANGWAN :
ADDITIONAL SESSION JUDGE (FAST TRACK COURT - 01) :
SOUTH-EAST DISTRICT : SAKET COURTS : NEW DELHI
STATE Vs Madan Chander Dass
Case No. : 1484/2016
FIR No. : 153/2013
U/S : 489C/419/34 IPC
PS : Crime Branch - South East
Particulars of the case
a) Date of Offence : 04.09.2013
b) Offence complained of or proved : 498C/419/34 IPC
c) Name of the complainant : ASI Rakesh Ahluwalia
d) Name of the accused No. 1 : Madan Chander Dass,
His parentage, Sh. Guru Chander Dass,
R/o Village - Hathiya, PS
Raiganj, District - Uttar
Dinajpur, West Bengal.
Name of the accused No. 2 : Sanjay Thakur @ Goli
His parentage, Sh. Ram Sharan,
R/o C - 11, Jhariya Market,
Sarai Khawaja, Faridabad,
Haryana
Name of the accused No. 3 : Sanjay Mandal
His parentage, Late Sh. Sachin Mandal,
R/o Village - Hadi Nagar, PS
SC No. 1484/2016
FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 1 of 38
Baishnab Nagar, District
Malda, West Bengal.
Plea of the accused : All accused persons pleaded
not guilty
Final order : All the accused persons are
acquitted.
Date of Institution : 01.04.2014
Date of Judgment reserved for orders : 03.01.2024
Date of Judgment : 25.01.2024
Ld. Additional PP for the State : Sh. Ashok Debbarma
Ld. Counsel for all the accused : Sh. Abdus Samad
JUDGMENT
1. CHARGE-SHEET 1.1 As per charge-sheet, on 04.09.2013 on receipt of secret information, ASI Rakesh Ahluwalia along with raiding party apprehended two accused persons namely Madan Chander Dass and Sanjay Thakur at Service Road, towards Kalindikunj near Jasola Metro Station, Delhi and fake Indian Currency notes were recovered from their possession. In this regard, ASI Rakesh Ahluwalia sent a rukka for registration of an FIR.
1.2 The gist of rukka is as follows:- that at about 8 PM, ASI Rakesh Ahluwalia was present at Office of Special Unit, Sun Light Colony and Ct.
SC No. 1484/2016FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 2 of 38 Rajesh Kumar produced secret informer to ASI Rakesh. Secret informer informed him that Madan Chander Dass @ Samrat who is the resident of West Bengal and supplies / traffics fake Indian currency notes (FICN) was coming at Service Road, towards Kalindikunj near Jasola Metro Station, Delhi at about 09:30 PM to supply fake currency notes to one person and if the raid is conducted, they both can be caught red handed. ASI Rakesh conveyed the said secret information to his senior officers and discussed regarding the same and produced the secret informer to them. Senior officers directed ASI Rakesh to do the needful.
ASI Rakesh briefed the facts to HC Murlidhar, Ct. Rajesh Kumar, Ct. Sanjeev Kumar, Ct. Rohit and Ct. Ravinder Malik and constituted a raiding party consisting of said police officers. At about 8:30 PM, in two private vehicles all the said police officials along with secret informer went to the spot i.e. Service Road, towards Kalindikunj near Jasola Metro Station, Delhi for apprehension of accused persons and reached therein at about 09:15 PM. 3-4 passersby were asked to join the raid but none agreed and left the place without disclosing their names and addresses. Due to paucity of time, no notice was served to the said passersby. Without wasting time, ASI Rakesh Ahluwalia briefed the raiding party and deputed them at different places.
At about 09:45 PM, one person came from Kalindikunj and stood at side of Service Road and started waiting for someone. Secret informer pointed out towards the said person as Madan Chander Dass @ Samrat. After about 5-7 SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 3 of 38 minutes, another person came on foot from Jasola Metro side and he came near Madan Chander Dass and started talking to him. In the meantime, Madan Chander Dass gave him one packet. Thereafter, ASI Rakesh gave signal to the police staff and apprehended both the persons. Their names were disclosed as Madan Chander Dass @ Samrat and Sanjay Thakur @ Goli. The reason of their apprehension was told to both of them. Police search was offered to both of them but they refused.
Thereafter, ASI Rakesh conducted personal search of accused Madan Chander Dass and a bundle of currency notes of the denomination of Rs. 500/- was recovered from the right side pocket of his pant. The said currency notes were counted and total 125 currency notes were found. Said notes were comprising of three different series viz. 7AS having serial numbers 875605, 08, 10, 11, 12, 13, 15, 17, 19, 23, 25, 27 to 31, 35 to 38, 43, 47, 49, 51, 55, 58, 61, 62, 67, 69 to 73, 75, 77, 78, 80, 84, 90, 95, 96, 97; 6BB having serial numbers 428102 to 04, 06 to 09, 11 to 13, 16, 19, 20, 25 to 29, 35, 42, 45, 50 and 50 (two notes having same numbers), 53, 55, 64, 65, 72, 80, 81, 83, 87, 91, 97, 428200 and 3AB having serial numbers 095201, 06 to 09, 13, 16, 17, 21, 24, 26, 28, 31, 32, 39, 41, 43 to 46, 49, 51, 53, 55, 56, 58, 61, 65, 67, 68, 70, 71, 76, 78 to 80, 82, 84, 87, 88 to 93, 96 and 095300. The total amount of said notes was 62,500/-. The plastic container in which currency notes recovered from accused Madan Chander Dass were kept was given serial No. S1 and taken into police possession. From the formal search of accused Sanjay Thakur @ Goli, 70 SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 4 of 38 currency notes of denomination of Rs. 500/- kept in a white colour envelope were recovered from the right side pocket of his pants. Same were having series of 4FN having serial numbers 379704 to 06, 33, 34, 37 to 39, 40 to 42, 44 to 46, 48 to 54, 56 to 61, 64, 67, 69, 70, 79 and 5DA having serial numbers 678501, 05, 06, 10, 11, 13, 15 to 19, 21, 23, 24, 27, 29, 30, 32, 42, 46, 51, 54, 56 to 59, 61, 63, 65, 66, 68, 74, 82, 84, 89, 90, 678597. The total amount of the said currency notes was Rs. 35,000/-. The recovered currency notes from both the accused persons were kept in two different plastic containers. The lid of the container was sealed with doctor tape and sealed with the seal of SKT. The seal after use was handed-over to Ct. Sanjeev Tomar.
The rukka was prepared u/s 489B/489C/34 IPC and same was handed-over to Ct. Rajesh Kumar and he went to police station for registration of FIR.
1.3 After the registration of FIR, investigation of the present case was taken up by SI Mandeep. During the investigation, site plan was prepared on instance of ASI Rakesh Ahluwalia. Accused Madan Chander Dass and Sanjay Thakur were arrested in the case and their disclosure statements were recorded. For further investigation seven days PC remand of accused Madan Chander Dass was obtained and the case file was handed-over to ASI Rakesh Ahluwalia to conduct further investigation at West Bengal.
1.4 On 08.09.2013, co-accused Sanjay Mandal was apprehended at Gulab Ganj Chowk, Hadi Nagar road, District Malda, WB on instance of SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 5 of 38 accused Madan Chander Dass and FICN of Rs. 50,000/- were recovered from his possession. Upon interrogation Sanjay Mandal disclosed that one Basit, resident of Bangladesh, had given him the FICN near his fields and stated ignorance regarding accused Madan Chander Dass. Accordingly, accused Sanjay Mandal was arrested u/s 489C IPC and since the offence was bailable, he was released on bail and notice was served to him to join investigation of the case on 12.09.2013.
1.5 After investigation at West Bengal, ASI Rakesh Ahluwalia along with staff and accused arrived in Delhi no 11.09.2013 and further investigation was taken up by SI Mandeep.
On 12.09.2013, accused Sanjay Mandal joined interrogation in the present case. He was interrogated thoroughly on which he disclosed that he used to purchase the FICN from Basit Singh and further sold the FICN to Madan Chander Dass for circulation in Delhi and NCR area. His call details were analyzed and it surfaced that he was in contact with accused Madan Chander Dass. Accordingly, accused Sanjay Mandal was arrested in present case FIR u/s 489B IPC on 12.09.2013. Seven days PC remand of accused Sanjay Mandal was obtained for further investigation at West Bengal and to reach the source of FICN. During further investigation, no clue regarding alleged Basit could be obtained and he could not be apprehended.
1.6 During investigation of the present case, call details record (CDR) and customer application form (CAF) of mobile no. 9911280366 of accused SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 6 of 38 Mandan Chander Dass were obtained. Upon perusal of CAF, it was found that accused Madan Chander had provided only his photo in his CAF but mobile SIM was obtained in the name of his father Guru Chander Dass. Accused Madan Chander Dass impersonated as Guru Chander Dass for obtaining the SIM card. Accordingly, Section 419 IPC was added against accused Madan Chander Dass in the present case FIR. The recovered FICN were deposited in FSL for expert opinion vide No. FSL-2013/D-7364 dated 25.09.2013 and result of the same was awaited till the filing of charge-sheet.
1.7 After the completion of investigation, charge-sheet was filed against the accused Mandan Chander Dass, Sanjay Thakur and Sanjay Mandal u/s 419/489B/489C/34 IPC.
1.8 Subsequently, FSL result was filed by way of supplementary charge-sheet.
2. CHARGE 2.1 On the basis of charge-sheet, charge u/s 489C/34 IPC and 419 IPC was framed against accused Madan Chander Dass to which he pleaded not guilty and claimed trial.
Charge u/s 489C/34 IPC was framed against the accused Sanjay Thakur and Sanjay Mandal to which they pleaded not guilty and claimed trial.
Accordingly, prosecution was directed to lead evidence in support SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 7 of 38 of the charge-sheet.
3. PROSECUTION EVIDENCE 3.1 In support of its case, prosecution has examined 6 witnesses as follows:-
S. No. Name of the witness Nature of the evidence
PW1 Sanjay Parmanik Witness who translated the
supplementary disclosure statement
of accused Sanjay Mandal
PW2 Ct. Sanjeev Member of raiding party
PW3 Sh. Pawan Singh, Nodal officer who proved the CAF/
Nodal Officer, CDR of M. No. 9911280366
Vodafone Idea Ltd.
PW4 HC Balwinder Singh Duty officer who registered the FIR No. 153/13 PW5 Ct. Rajesh Member of raiding party PW6 HC Jagnarain MHC(M) PW7 Ct. Pradeep Kumar Police official who deposited the case exhibits to FSL, Rohini PW8 Sh. Pradeep Singh, Nodal officer who proved the CAF/ Nodal Officer, CDR of M. No. 9775957905 Vodafone PW9 SI Rakesh Ahluwalia Police officer who led the raiding party at Delhi and also at West Bengal PW10 SI Mandeep IO of the case who conducted investigation after the registration of SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 8 of 38 FIR and filed the charge-sheet PW11 Mr. Ajay Kumar, FSL expert who examined and found Senior Scientific that all the currency notes were Officer (documents), counterfeit FSL Rohini, Delhi 3.2 The prosecution has exhibited following documents/objects in support of its case:-
No. of Nature of Exhibits
Exhibits
Ex.PW1/A Supplementary disclosure statement of accused
Sanjay Mandal
Ex.PW2/A Seizure memo of the currency notes recovered from
the accused Sanjay Thakur
Ex.PW2/B Disclosure statement of accused Madan Chander
Dass @ Samrat
Ex.PW2/C Arrest memo and personal search memo of accused
and Madan Chander Dass @ Samrat
Ex.PW2/D
Ex.PW2/E Arrest memo and personal search memo of accused
and Ex.PW2/F Sanjay Thakur @ Goli
Ex.PW2/G Disclosure statement of accused Sanjay Thakur @
Goli
Ex.PW2/H Seizure memo of the fake currency notes recovered
from the possession of accused Sanjay Mandal
Ex.PW2/I Disclosure statement of the accused Sanjay @ Goli
Ex.PW2/J Arrest memo of the accused Sanjay Mandal @ Goli
SC No. 1484/2016
FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 9 of 38
Ex.P1 Case property i.e. wad containing 125 currency
collectively notes of Rs. 500/- which was recovered from the accused Madan Chander Dass Ex.P2 Case property i.e. wad containing 70 currency notes collectively of Rs. 500/- which was recovered from the accused Sanjay Thakur Ex.P3 Case property i.e. wad containing 100 currency collectively notes of Rs. 500/- which was recovered from the accused Sanjay Mandal Ex.P4 Case property i.e. white polythene which was recovered from accused Sanjay Mandal Ex.PW3/A CDR of M. No. 9911280366 and Certificate U/s and 65B Indian Evidence Act Ex.PW3/B Ex.PW3/C CAF of M. No. 9911280366 in the name of Guru Chand Das Ex.PW3/D Document which was furnished by the customer in support of said CAF i.e. a ration card bearing 4030281 in the name of Guru Chand Das s/o Basant Chand Das Ex.PW4/A FIR Ex.PW4/B Endorsement of PW4 on the FIR Ex.PW5/A Seizure memo of a bundle of 125 currency notes of Rs. 500/- denomination recovered from accused Madan Chander Das Ex.PW5/B Personal Search memo of accused Sanjay Mandal @ Goli Ex.PW5/C Arrest memo of the accused Sanjay Mandal @ Goli Ex.PW6/A Entries in the register for depositing the case SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 10 of 38 collectively properties in malkhana Ex.PW6/B Copy of RC No. 310/21/2013 and the and acknowledgement regarding the deposit of case Ex.PW6/C exhibits in FSL, Rohini Ex.PW8/A CAF of M. No. 9775957905 in the name of Sanjay Mandal Ex.PW8/B Certified copy of Election ID Card in the name of Sanjay Mandal Ex.PW8/C CDR of M. No. 9775957905 Ex.PW8/D Certificate u/s 65B Indian Evidence Act regarding the genuineness of the CDR of M. No. 9775957905 Ex.PW8/E, F, CAF, Election ID Card, CDRs for relevant period G and H and certificate u/s 65B Indian Evidence Act regarding the M. No. 9775957905 Ex.PW9/A Rukka Ex.PW10/A FSL Report Ex.PC (colly) 295 fake currency notes of Rs. 500/- denomination each 3.3 Though 11 witnesses have been examined by prosecution but the main witnesses of the case are:-
I) PW - 5 Ct. Rajesh / Police officer who received the secret information on the basis of which police was set into motion and who was member of raiding party.
II) PW - 9 SI Rakesh Ahluwalia / The police officer who conducted the main proceedings i.e. arrest and recovery qua all the accused persons.
SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 11 of 38 III) PW - 10 SI Mandeep / IO of the case. IV) PW - 11 Mr. Ajay Kumar / Senior Scientific Officer (Documents), FSL Rohini, Delhi. 3.4 PW - 5 Ct. Rajesh deposed that on 04.09.2013, he was posted at PS
Sunlight Colony. On that day, at about 8 PM, a secret informer came to him and gave a secret information that a person dealing in fake currency would come from Kalindi Kunj side to go towards Jasola and can be arrested. PW5 shared the secret information with ASI Rakesh Ahluwalia, the investigating officer (IO), who after discussing the matter with senior officers constituted a raiding team consisting of himself, Ct. Sanjeev, Ct. Rohit, Ct. Ravinder and himself. At 08:30 PM, after briefing, the raiding team left PS Sunlight Colony in two cars.
They reached the spot at about 09:15 PM. The spot is at Service Road parallel to the road going from Sarita Vihar to Kalindi Kunj.
Secret informer took position with the IO and rest of them took their individual positions on the spot. At about 09:45 PM, accused Madan Chander Das came from the side of Kalindi Kunj and was identified by the secret informer. After about 5-10 minutes, from the side of Jasola accused Sanjay came. Thereafter, Madan and Sanjay spoke to each other and Madan gave an envelope to Sanjay. Thereafter, the IO gave a singal with his hand, so all of them apprehended Madan and Sanjay.
IO requested few passersby to join the proceedings, after apprising SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 12 of 38 them with the secret information but no public person agreed to join. IO apprised the accused persons with secret information and offered them to take search of members of the raiding team before they took their search.
From right pocket pant of accused Madan, a bundle of 125 currency notes of Rs. 500/- denomination were recovered. The IO placed the currency notes in plastic boxes and sealed the same with his seal of SKT and seized the same vide memo Ex.PW5/A. At about 11:45 PM, IO sent PW5 to Nehru Place with the tehrir. PW5 went to PS Crime Branch, Nehru Place. He again said that he went to PS Crime Branch, Malviya Nagar and got the FIR registered and returned at the spot at about 1 AM with copy of FIR and original rukka. He met SI Mandeep and handed-over the copy of FIR and original rukka to him.
SI Mandeep arrested Madan and Sanjay Thakur vide memo Ex.PW2/C and Ex.PW2/J. SI Mandeep also took personal search of accused Madan Ex.PW2/D and Sanjay Mandal @ Goli Ex.PW5/B. After arrest, accused Madan and Sanjay Thakur were taken to PS Sunlight Colony.
During his testimony, PW5 identified accused Madan and Sanjay Thakur in the Court.
As the witness did not depose complete facts, Ld. Additional PP cross-examined him.
During his cross-examination by Ld. Additional PP, PW5 admitted SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 13 of 38 the suggestion that on 08.09.2013, accused Sanjay Mandal was also arrested and PW5 identified him during his testimony in the Court. PW5 identified his signatures in portion circled Y on Ex.PW2/J (arrest memo of accused Sanjay Mandal @ Goli). He admitted the suggestion that on 08.09.2013, a bundle of currency notes of Rs. 500/- was recovered from accused Sanjay @ Goli regarding which seizure memo Ex.PW2/G was prepared and the same bears his signatures at portion Y. He also admitted the suggestion that disclosure statement of all the accused persons were recorded and disclosure statement Ex.PW2/I of accused Sanjay Mandal bears his signatures in Portion Y. He admitted that on 12.09.2013, accused Sanjay Mandal was again arrested vide memo Ex.PW5/C and his supplementary disclosure statement was vide Ex.PW1/A. He stated that since regarding arrest of Sanjay Mandal, they had gone subsequently, he did not mention the above facts in his chief examination. He admitted that he got confused during his testimony in the Court.
He admitted that on 12.09.2013, the IO had called one translator namely Sanjay Parmanik who translated the statement of Sanjay Mandal and on that basis disclosure statement of Sanjay Mandal was recorded.
PW5 was duly cross-examined by Ld. Defence Counsels.
3.5 PW - 9 SI Rakesh Ahluwalia deposed that on 04.09.2013, he was posted at Special Unit Crime Branch as ASI. On that day, in the evening, he was SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 14 of 38 present at the office and at about 8 PM Ct. Rajesh along with the secret informer came to him and gave a secret information that one Madan Chander Dass who was running fake currency racket would come at Mathura Road near service road Kalindi Kunj to hand-over fake currency to someone. PW9 presented the secret informer before Inspector Pawan Kumar. Inspector Pawan Kumar shared the secret information with senior officials and thereafter instructed him to prepare a raiding party. PW9 prepared a raiding party comprising HC Murlidhar, Ct. Rajesh, Ct. Sanjiv, Ct. Ravinder and one more Constable whose name he did not remember. At around 08:30 PM, they departed from their office in two private cars after lodging their departure entry. They reached at Jasola metro station. PW9 requested few passersby to join the investigation but none of them agreed and left without disclosing their names and addresses. Without wasting time, he deputed the members of the raiding party near the service road from Mathura road to Kalindi Kunj. At around 09:45 PM, they saw a person coming on foot from Kalindikunj side and started waiting at the service road. The secret informer pointed out towards the said person as Madan Chander Dass @ Samrat. After some time, another person came from Jasola side whose name later on revealed as Sanjay Thakur. Both the above-said persons started talking with each other. Then, accused Madan Chander Dass handed-over an envelope to the other accused Sanjay Thakur. Thereupon, PW9 gave signal to the member of the raiding party and both the accused persons were apprehended. PW9, HC Murlidhar and Ct. Rajesh apprehended accused Madan Chander Dass and other SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 15 of 38 staff apprehended accused Sanjay Thakur. PW9 took formal search of the accused Madan Chander Dass and a bundle of currency notes of the denomination of Rs. 500/- was recovered from the right side pocket of his pant. Those currency notes were appearing to be counterfeit. The said currency notes were counted and found to be 125 in number comprising of three different series viz. 7AS, 6BB, 3AB. The two currency notes of the series 6BB were having same number. From the formal search of accused Sanjay Thakur 70 currency notes of denomination of Rs. 500/- kept in an envelope having series of 4FN and 5DA were recovered from right side pocket of his pants. The recovered currency notes from both the accused persons were kept in two different plastic containers. The lid of the container was sealed with doctor tape and sealed with the seal of SKT. The plastic container in which currency notes recovered from accused Madan Chander Dass were kept was given serial No. S1. He prepared seizure memos vide Ex.PW5/A and Ex.PW2/A. Seal after use was handed-over to Ct. Sanjeev. He prepared rukka vide Ex.PW9/A and gave it to Ct. Rajesh and sent him to PS Crime Branch for registration of FIR. SI Mandeep arrived at the spot. PW9 handed-over both the accused persons, pullandas of the case property and documents to SI Mandeep. SI Mandeep prepared the site plan at his instance. PW9 was relieved from the spot.
On 07.09.2013, he again joined the investigation of this case. On that day, he along with HC Murlidhar, Ct. Rajesh, Ct. Rakesh and Ct. Sanjeev and accused Madan Chander Dass proceeded to West Bengal to collect the SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 16 of 38 source of counterfeit currency. On 08.09.2013, they reached at Raiganj, West Bengal. Accused Madan Chander Dass disclosed that he did not know the house of person from whom he used to get counterfeit notes but that person namely Sanjay @ Goli used to meet him near Hadi Nagar Road, Gulab Ganj. At around 04:30 PM, they reached near Hadi Nagar Road, Gulab Ganj. They got information and apprehension that since accused was local resident and he might get the information of their raid so instead of informing the local police they laid a trap. At around 6 PM, they saw one person coming from Hadi Nagar side to Gulab Ganj Chowk. Accused Madan Chander Dass pointed out towards that person as accused Sanjay @ Goli. They apprehended accused Sanjay @ Goli with the help of their staff. PW9 tried to interrogate him but due to language problem the same could not be done. Formal search of accused Sanjay @ Goli was conducted and polythene bag was found from his right side pocket of pants. That polythene bag was checked and it was found containing 100 currency notes of the denomination of Rs. 500/-. These currency notes comprised of two series viz. 5DA and 9AV. Accused Sanjay @ Goli made them understand that he did not know accused Madan Chander Dass. PW9 briefed about the apprehension of accused Sanjay @ Goli and recovery of counterfeit currency notes from his possession. On their instructions, accused Sanjay @ Goli was released on bail and he was directed to join the investigation on 12.09.2013 at Delhi. PW9 prepared pulanda of the above-said recovered currency notes and duly sealed with seal of SKT vide seizure memo Ex.PW2/H and seal was handed-over to Ct.
SC No. 1484/2016FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 17 of 38 Sanjeev. Disclosure statement of accused Sanjay @ Goli was recorded with the help of driver and accused Madan Chander Dass.
As per his investigation, from the possession of accused Madan Chander Dass, 125 fake currency notes in the denomination of Rs. 500/- were recovered, from the possession of accused Sanjay Thakur 70 fake currency notes in the denomination of Rs. 500/- were recovered, from the possession of accused Sanjay Mandal 100 fake currency notes in the denomination of Rs. 500/- were recovered.
During his testimony, PW9 identified Madan Chander Dass @ Samrat, Sanjay Thakur and Sanjay @ Goli in the Court.
During his testimony, PW9 identified the case property as Ex.P1 (125 fake currency notes of Rs. 500/- recovered in the denomination of the series 7AS, 6BB and 3AB from the possession accused Madan Chander Dass), Ex.P2 (70 fake currency notes of Rs. 500/- recovered in the denomination of the series 4FN and 5DA from the possession accused Sanjay Thakur), Ex.P3 (100 fake currency notes of Rs. 500/- recovered in the denomination of the series 5DA and 9AV from the possession accused Sanjay Mandal) and Ex.P4 (sealing material i.e. cloth in which the currency notes recovered from the accused Sanjay Mandal were kept).
PW9 was duly cross-examined by the Ld. Defence Counsels. 3.6 PW - 10 SI Mandeep was the IO of the case and he deposed as per the contents of the charge-sheet.
SC No. 1484/2016FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 18 of 38 PW10 was duly cross-examined by the Ld. Defence Counsels. 3.7 PW - 11 Mr. Ajay Kumar, Sr. Scientific Officer (Documents), FSL Rohini, Delhi deposed that on 25.09.2013, one sealed parcel containing 295 currency notes each of denomination of Rs. 500/- was received in the office of FSL and same was assigned to PW11 for examination. The seals on the parcels were intact. On opening the parcel, it was found containing 295 currency notes of denomination of Rs. 500/- each which he marked as X1 to X295. The details of currency notes are mentioned in his report bearing No. FSL.2013/D-7364 dated 12.03.2014 Ex.PW10/A (running into 5 pages back to back).
These currency notes were examined in laboratory by using various scientific instrument such as Stereo Microscope, Docubox Dragon and different Magnifying glasses, etc., under different lighting conditions and it was observed that these currency notes show lack of sharpness in general printing, absence of OVI effect, abnormally extra glowing nature of security thread, poor number of scattered UV fibers on paper sheet, dislocation of see through register pattern, rough and thick nature of paper texture, etc. Out of these notes, some of them were bearing same number i.e. currency notes marked X65, X66 bearing No. 6BB 428150; X243; X244 bearing No. 9AV795812; X278, X229 bearing No. 9AV795862 & X280, X281 bearing No. 9AV795863 etc., indicating the counterfeit nature of currency notes marked X1 to X295.
After examination, case report along with exhibits were handed- over to authorized messenger of concerned forwarding authority in sealed SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 19 of 38 condition sealed with the seal of DOC.FSL.
During his testimony, PW11 identified 295 fake currency notes of Rs. 500/- denomination each which were examined by him as Ex.PC (colly).
The plastic container produced by MHC(M) was also found containing one cloth parcel having seals of SKT and particulars of FIR number of this case. PW11 deposed that the pullanda was cut by him for the examination of said currency notes.
PW11 was duly cross-examined by the Ld. Defence Counsels.
4. EXAMINATION OF ACCUSED UNDER SECTION 313 CrPC 4.1 After conclusion of prosecution evidence, accused Sanjay Mandal was examined u/s 313 CrPC and he denied all the allegations. He stated that he was not released on bail but was taken along by the police and brought to Delhi. However, he had not given any disclosure statement. He was picked up by the police while he was going on the road at Hadi Nagar. He stated that he did not know why he has been implicated in the present case. He was lifted by the police, slapped and put into the vehicle by the police. 4.2 Accused Madan Chander Dass was examined u/s 313 CrPC and he denied all the allegations. He stated that he did not remember whether he signed any documents. He knew Sanjay Thakur. Sanjay Thakur used to run a shop on SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 20 of 38 rent and he also used to reside on rent under the same landlord. He did not use the alleged mobile number. He again said, since the matter is very old, he do not remember.
In regard to the ID proof furnished along with CAF, he stated that the photo was taken for purpose of ration card from Haryana Government. In the ration card photo, all the members were shown besides the main holder of the ration card. He admitted that his father's name is Guru Chand Dass and his grandfather's name is Basant Chand Dass. He stated that he did not know whether 9775957905 number belonged to Sanjay Mandal. He claimed that no currency notes were recovered from him. He stated that accused Sanjay Thakur and himself were tenants under the same landlord at Village Tilpat, District Faridabad, Haryana. He was residing on rent whereas Sanjay Thakur had taken one shop on rent from the same landlord. One night, he heard noise from the shop of Sanjay Thakur, he went there and found some persons in civil clothes had caught Sanjay Thakur by collar. When he confronted them, they also caught his collar and stated that they are from crime branch. 2-3 persons were with Crime Branch officials and they asked some persons to identify accused and Sanjay Thakur but said persons stated that they do not know them. However, Sanjay Thakur told Crime Branch officials that he know him. Madan Chander was let off by the Crime Branch official stating that there is some matter concerning Sanjay Thakur and the other person. Next day, in the early morning, Crime Branch officials again came and took Madan Chander stating that he has SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 21 of 38 been named in the matter. He asked them that they shall confront him with the persons who have named him but they did not produce any such person. They asked for Rs. 2 Lacs to let him go. He was kept by them for two days. He was asked whether he has been involved in any previous case and he told them that he had a previous case. Thereafter, they prepared certain documents and took his thumb impression. They also took his thumb impression on blank papers. Then, he was sent to jail.
4.3 Accused Sanjay Thakur @ Goli was examined u/s 313 CrPC and he denied all the allegations. He stated that no fake currency was recovered from him. He was running a shop on rent at village Tilpat, Faridabad. A bengali person namely Rudal living in the location used to come his shop to purchase articles. They were 3-4 persons. He was about to close his shop and while he was standing with them in front of his shop, 4-5 persons came. Said 4-5 persons were crime branch officials and they caught the 3-4 persons and the accused himself. He asked them to let him make a phone call to his family but he was not allowed. They were taken at Crime Branch Office, Lodhi Colony, New Delhi. They asked him to arrange Rs. 3 Lacs for freeing him. He expressed his inability to do so. They did not allow him to call his family. He came to know that in the night time the Crime Branch officials let off Rudal. Then Crime Branch officials prepared some documents and he was made to sign and put his thumb impressions on the same. He was medically examined on next day. Then he was sent to Jail.
SC No. 1484/2016FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 22 of 38
5. DEFENCE EVIDENCE 5.1 None of the accused persons led any defence evidence.
6. ARGUMENTS 6.1 Ld. Additional PP for the State has submitted that prosecution witnesses have deposed specifically against the accused and have identified them during their testimonies. The testimonies of the police officials are duly supported by the recovery of the fake currency. Even the documentary evidence has been led in regard to the offence u/s 419 IPC. Accordingly, the case of prosecution stands established against all three accused persons. 6.3 On the other hand, Ld. Counsel for accused has submitted that there are various defects in the case of prosecution. There is no public witness to support any of the alleged recoveries which shows that all the recoveries are planted. Further, there are various contradictions/ inconsistencies in the testimonies of police officials and even the status/ condition of case property as per seizure memo and as per examination by the FSL Expert is different. It is submitted that there are various other procedural defects in the investigation. It is argued that the accused Sanjay Mandal does not know Hindi at all but he was interrogated by Delhi Police Officials at West Bengal and even at Delhi. In SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 23 of 38 regard to proceedings conducted at West Bengal, it is submitted that neither local police was joined nor any translator engaged by the Delhi Police at West Bengal has been cited as a witness. It is submitted that even the translator used by the police at Delhi was an interested witness being employed with the police itself. It is argued that even the police bail bonds allegedly furnished by the wife of the accused Sanjay Mandal are blank regarding the amount thereby showing the shoddy investigation. It is submitted that no source of printing of the alleged fake currency could be recovered by the police despite police custody of two accused and two visits to West Bengal. It is submitted that accordingly, all the accused are entitled to benefit of doubt in the present case.
7. POINTS FOR DETERMINATION 7.1 I have considered the arguments of the parties and have perused the record.
7.2 The relevant provisions applicable in present case are reproduced herewith:-
Section 489C IPC provides - " Possession of forged or counterfeit currency-notes or bank-notes.--Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both".SC No. 1484/2016
FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 24 of 38 Section 419 IPC provides - "Punishment for cheating by personation.--Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both".
Section 34 IPC provides - "When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone."
7.3 Thus, after considering the facts of the case and the arguments of the parties, following points for determination arise: -
1. Whether the testimonies of police officials are credible?
2. Whether sufficient evidence has been led regarding the offence u/s 419 IPC qua the accused Madan Chander Dass?
3. Whether the accused are liable to be convicted for the alleged offences?
8. APPRECIATION OF EVIDENCE AND APPLICATION OF LAW 8.1 The first argument of the Ld. Defence Counsel is that the Court cannot believe the testimonies of police officials as the same are not supported by any public witness. I have considered said submission. However, it has been held by Hon'ble Supreme Court of India in Pramod Kumar Vs. State (GNCT) SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 25 of 38 of Delhi (AIR 2013 SC 3344) that "the witnesses from the Department of Police cannot per se be said to be untruthful or unreliable. It would depend upon the veracity, credibility and unimpeachability of their testimony. There is no absolute command of law that the police officers cannot be cited as witnesses and their testimony should always be treated with suspicion. Ordinarily, the public at large show their disinclination to come forward to become witnesses. If the testimony of the police officer is found to be reliable and trustworthy, the Court can definitely act upon the same. If, in the course of scrutinizing the evidence, the court finds the evidence of the police officers as unreliable and untrustworthy, the Court may disbelieve him but it should not do so solely on the presumption that a witness from the department of police should be viewed with distrust. This is also based on the principle that quality of the evidence weighs over the quantity of evidence".
Accordingly, the mere fact that prosecution has relied upon police officials to prove a fact does not discredit the case of prosecution. However, the Court has to see whether the absence of public witnesses is justified in the given situation and the testimonies of police officials are credible and are corroborated by circumstantial facts and circumstances. Let us proceed further to analyze the testimonies of police officials along with circumstantial facts. 8.1 (a) Though record of DD entries have been filed to prove the receiving of secret information and the dispatch of the raiding party, however, neither the concerned DO/ DD writer was cited as a witness by the prosecution nor said DD SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 26 of 38 entries have been proved otherwise during the trial. Even otherwise, record of DD No. 13 filed along with the charge-sheet regarding the secret information shows that secret information was specific i.e. a person named Madan Chander Dass @ Samrat resident of West Bengal who is engaged in supplying fake currency notes shall be arriving at 09:30 PM to supply a consignment of fake notes to another person at Service Road leading Kalindikunj near Jasola Metro Station. However, the police official who received the said secret information i.e. PW5/ Ct. Rajesh has merely described the secret information received as " a person dealing in fake currency would come from Kalindikunj side to go towards Jasola and can be arrested". Thus, he has deposed about the secret information in a generic sense without mentioning the specific details of the person or the purpose as reflected in DD No. 13 filed along with charge-sheet. 8.1 (b) Further, the case property was sent to the FSL in sealed condition and as per seizure memos Ex.PW5/A, Ex.PW2/A and Ex.PW2/H, there was three set of separately sealed case property i.e. 125 currency notes recovered from accused Madan Chander Dass, 70 currency notes recovered from accused Sanjay Thakur (along with envelope) and 100 currency notes recovered from accused Sanjay Mandal. Rather, it is specifically mentioned in said memos that two separate plastic containers were used to seal and seize the currency notes vide Ex.PW5/A and Ex.PW2/A whereas another separate sealed pullanda was prepared to seize the property vide memo Ex.PW2/H. Thus, there were two sealed transparent boxes and a third sealed pullanda, with all three containing SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 27 of 38 the whole lot of 295 currency notes. However, the FSL expert who received the case property and examined the same has deposed that " on 25.09.2013, one sealed parcel containing 295 currency notes each of denomination of Rs. 500/- was received in the office of FSL and same was assigned to me for examination. The seals on the parcels were intact. After opening the parcel, it was containing 295 currency notes of denomination of Rs. 500/- each which I marked as X1 to X295." Even in his report Ex.PW10/A, it is not mentioned that there were three set of currency notes received in separately sealed containers. Hence, it is apparent that FSL examiner received all 295 currency notes as a single unit. Moreover, even when the case property was produced during the prosecution evidence, only a single plastic box was produced containing three wads of currency notes and one white cloth of pullanda containing one white polythene bag. Thus, the integrity of the case property is questionable and it appears that all the currency notes were mixed up together and kept in a single container. It may also be noted here that as per the seizure memos of the respective currency notes recovered from each accused, the same were kept in a transparent plastic container and sealed with the seal of SKT. Generally the seals are prepared with the initials of the IO/ concerned police officer who seizes the property. However, no police officer by such name which resembles with the initials SKT was associated with the case. The only official whose name starts with 'S' was Ct. Sanjeev/ PW2. However, he has nowhere deposed that IO asked for his seal and if so, why. Moreover, there is no explanation by the IO/ PW9 as to why seal of SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 28 of 38 any other police officer was used by him and the reason for not using his own seal. Thus, the process of seizing the property is seriously doubtful. 8.1 (c) There appears confusion even regarding the police station of the crime branch where the FIR was registered and the case property was deposited. As per the case of prosecution, the raiding party was from the Crime Branch at Sun Light Colony. Therefore, all the further proceedings ought to have been done at the said office of Crime Branch at Sun Light Colony. However, PW5 has deposed in his chief that IO sent the tehrir to PS Crime Branch, Malviya Nagar. On the other hand, PW10 has deposed that the case property was deposited at the malkhana of PS Nehru Place. However, it has not been explained by any witness as to why the tehrir was sent to another office of Crime Branch and why the case property was deposited at another malkhana of Crime Branch. 8.1 (d) It is to be noted that PW5/ Ct. Rajesh has been examined as a member of the raiding party which apprehended the accused Madan Chander Dass and Sanjay Thakur and recovered the fake currency notes from them. He has also been cited as a witness regarding the arrest of accused Sanjay Mandal and recording of his supplementary disclosure statement. However, during his examination in chief, he only deposed about the arrest and the recoveries from accused Madan Chander Dass and Sanjay Thakur but did not depose about their disclosure statements. He even did not depose about the arrest of accused Sanjay Mandal in his examination in chief. Rather, he specifically deposed that "after arrest, Madan and Sanjay Thakur were taken to PS Sun Light Colony. Nothing SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 29 of 38 else took place in my presence." Thereupon, PW5 was cross-examined by Ld. Additional PP wherein PW5 admitted about the arrest of accused Sanjay Mandal and identified him and deposed regarding the recovery from him. Though he has deposed that he got confused in his examination in chief but the Court is put to a caution when a police official had allegedly gone with other police officials to another State (West Bengal) over a long journey and has been part of arrest and recovery proceedings in such other state, but fails to utter a word about the same. Moreover, he has to be led by Ld. Additional PP in his cross-examination regarding the disclosure statements of the accused persons. He has to be led by the Ld. Additional PP even regarding the translation of the statement of accused Sanjay Mandal through translator Sanjay Pramanik.
8.1 (e) Even otherwise, PW5 failed to tell material facts in his cross- examination. Admittedly, the raiding party went in two private cars to the spot of recovery in Delhi. However, PW5 failed to tell as to who was driving the cars, who was the owner thereof and what was the registration number of said cars. He failed to tell the location where the disclosure statements of accused Madan and Sanjay Thakur were recorded. He failed to tell even the estimated distance between the spot of arrest of accused Madan and the Mathura Road or the time required to travel said distance. He failed to tell which accused was seated in which of the cars. He also deposed that he did not record any arrival entry in his office when he reported for duty. As per him, no attendance register was maintained in Crime Branch office. He claimed that the attendance was recorded SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 30 of 38 only verbally and not written record of attendance was maintained. However, Court finds it difficult to accept that no record whatsoever of the attendance of police staff was being maintained in the Crime Branch office. Further, he deposed that when he took the secret informer to the IO, the IO was sitting alone. He deposed categorically that on that day, the secret informer met only the IO and PW5 but no other police officers. However, on the contrary, PW9 SI Rakesh Ahluwalia has deposed in his examination in chief that he presented the secret informer before Inspector Pawan Kumar. Therefore, there is apparent contradiction in the statements of two prosecution witnesses. PW5 has also deposed in his cross examination that he cannot tell any reason as to why any local resident or shopkeeper was not requested to join the raid despite the IO having requested the passers by to join the raid. Said statement of PW5 creates doubt regarding the genuineness of the efforts made by the IO to join any public person in the police proceedings/raid.
8.1(f) Proceeding further, there are defects even in the testimonies of other police officials. PW6/ HC Jag Narayan was examined as the MHC(M) who dealt with the case property i.e. fake currency notes in the malkhana. However, he failed to tell the time when the case property was deposited in the malkhana. He has exhibited the road certificate Ex.PW6/B regarding dispatch of the case property to FSL, Rohini. As per said road certificate, the case property was sent in three parts i.e. one sealed transparent plastic box having 125 fake currency notes, second sealed transparent plastic box having 70 fake SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 31 of 38 currency notes and the third sealed pullanda with 100 fake currency notes. However, as discussed earlier, the FSL Expert/ his report does not mention about receiving of the notes separately in such manner.
8.1(g) Police witnesses (PW2/ Ct. Sanjeev, PW9/ SI Rakesh Ahluwalia, PW10/ Inspector Mandeep) have admitted that accused Sanjay Mandal @ Goli did not know Hindi language at all. PW9/ SI Rakesh Ahluwalia who was the main witness regarding the proceedings against all accused persons has deposed that the disclosure of accused Sanjay @ Goli was recorded with the help of a local driver at West Bengal and the accused Madan Chander. However, recording of disclosure statement of an accused with the help of co-accused as translator is unknown to the criminal procedure. Considering the language barrier, the disclosure of Sanjay @ Goli could not have been recorded by the police officers who had no knowledge of Bengali i.e. the language of accused. Such statement could have been recorded with the help of a translator or the local police which would have been well versed in the local language. However, the disclosure statement dated 08th of September Ex.PW2/I only bears the signatures of ASI Rakesh Ahluwalia, Ct. Rakesh Kumar, Ct. Sanjeev Kumar and apparently the signatures of accused Sanjay Mandal @ Goli. It does not bear the signatures of the local driver in whose presence/with whose assistance the same was recorded. Admittedly, local police was not joined while apprehending the accused Sanjay Mandal. PW9 SI Rakesh Ahluwalia has tried to give a reasoning in his examination in chief for non joining the local police. He has deposed that SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 32 of 38 "at around 04.30 pm we reached near Hadi Nagar road, Gulab Ganj. We got information and apprehension that since accused was local resident and he might get the information of our raid so instead of informing the local police, we laid a trap." Thus, even if there was apprehension of accused fleeing away, the local police could have joined after the apprehension of the accused, more so, when his interrogation could not have been done effectively due to language barrier. Here, another thing is to be noted i.e. as per PW9, accused Sanjay Mandal was released on police bail and was directed to join investigation on 12.09.2013 at Delhi. However, perusal of charge-sheet shows that said police bail bonds Ex.PW9/DA do not mention any date of appearance or the place of appearance. More surprisingly, no amount of the bail bond has been mentioned and the column regarding the same is blank. Thus, the manner of proceedings conducted by the police officials appears unprofessional and rather doubtful. 8.1(h) During his cross examination, PW9 failed to tell various facts about the raid/investigation. Two private vehicles were used in the raid and as per PW9 one of said vehicle was his own but he failed to tell the owner of second vehicle. He failed to tell the name of police officials present in his car and the name of police officials present in the second car. He deposed in his cross examination that he did not ask any officials from metro station or the persons present in the shop in the metro station to join the raid. He also deposed that no official from the petrol pump were joined in the investigation though the petrol pump was opened at that time. Therefore, it is doubtful as to whether genuine SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 33 of 38 efforts were made to join the public persons in the raid. He failed to tell the time when SI Mandeep reached the spot. He also failed to tell the train taken by him and other police personnels to reach Raiganj. He failed to tell whether the tickets were arranged by their office or the expenses were borne by them personally. He failed to give a definite answer whether he had visited the police station in Raiganj. He failed to tell as to when they left Malda for Delhi. Thus, Court has its reservations to call PW9 a credible witness.
8.1(i) PW10/ SI Mandeep deposed that on 04.09.2013 after registration of the FIR the investigation of the case was assigned to him. In pursuance to said assignment, he reached the spot where ASI Rakesh Ahluwalia along with staff and two accused met him. However, during his cross examination, he deposed "when I reached at the spot the rukka was sent for registration of FIR by the concerned IO after five minutes of my reaching at the spot. I reached the spot as per the instructions of Inspector Pawan. Inspector Pawan Kumar, Incharge had directed me that present case were assigned to me after registration FIR for further investigation on the basis of which I reached at the spot ." Therefore, the examination in chief and cross examination of PW10 are not in sync with each other as to how PW10 was assigned the investigation. The first IO/ PW9 SI Rakesh Ahluwalia has not deposed anywhere in his examination in chief that he conveyed the information of apprehension of accused Madan Chander and Sanjay Thakur to his office prior to sending the rukka. Even PW5 Ct. Rajesh who took the rukka has not deposed anywhere in his examination in chief that SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 34 of 38 when he went to the office of crime branch with the rukka, the In-charge of the office verbally directed SI Mandeep to take investigation even before the registration of the FIR. Further, during his cross-examination, PW10 failed to tell the time when he received copy of FIR, the time when he deposited case property in malkhana, the time of medical examination of accused and the name of hospital where same was conducted, the date on which he conducted investigation outside Delhi, the name of the local PS (outside Delhi). 8.1(j) Even the testimony of the other raiding party member i.e. PW2 is inconsistent with the testimony of other witnesses. As per PW2 Sanjeev, accused Sanjay Mandal was apprehended at 6 PM. He also deposed that they did not ask any public persons to join the proceedings at the time of apprehending accused Sanjay Mandal. He admitted that they did not take help of any local translator to communicate with Sanjay Mandal. On the other hand, during his cross- examination, PW9 deposed that at the time of recovery from the accused Sanjay Mandal no public person was joined in the investigation as no public person was available and that it was 08:30 PM. Therefore, there is apparent contradiction regarding the time-line of the apprehension/ recovery from the accused Sanjay Mandal and the reason of non-joining of public witness. Further, PW9 has deposed that disclosure of accused Sanjay @ Goli (Sanjay Mandal) was recorded with the help of the driver of the private vehicle at West Bengal. However, as mentioned above, PW2 has deposed otherwise. 8.1(k) There are other procedural defects also in the case of prosecution.
SC No. 1484/2016FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 35 of 38 As per IO, the supplementary disclosure statement of the accused Sanjay Mandal was allegedly got translated through one Sanjay Pramanik. Said translator has been examined as PW1. However, he has deposed in his cross- examination that after recording the supplementary statement Ex.PW1/A same was not read over in the Bangla to accused Sanjay Mandal. Further, no educational qualification proof of PW1 has been filed to show his proficiency in Bangla Language. Moreover, he has deposed that except the present case, he has never worked as translator thereby showing that he had no prior experience of such work. Furthermore, he has deposed that he was working as a cook in PS Vasant Vihar and that SI Mandeep knew him prior to September 2013 when he was posted in PS Vasant Vihar. He also deposed that SI Mandeep never paid him salary though at times PW1 used to cook for him. Therefore, apparently, PW1 was related to the police machinery and cannot be said to be an independent/ qualified translator and even the process of translation / recording of disclosure statement is doubtful. Same creates the doubt about the quality of investigation of the case.
Thus, in view of aforesaid discussion, there are number of contradictions / inconsistencies in the testimonies of the police witnesses associated with the investigation of the case and various irregularities in the investigation of the case have surfaced. Accordingly, Court is hesitant to believe the testimonies of such police officers.
8.2 As far as the offence u/s 419 IPC is concerned, same provides SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 36 of 38 punishment for cheating by impersonation. As per Section 416 IPC " as person is set to cheat by personation, if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is ". As per prosecution, the accused had obtained the SIM of a mobile in the name of his father and has thereby committed offence u/s 419 IPC. The prosecution has proved the copy of CAF of one mobile number as Ex.PW3/C in support of said allegation. However, the prosecution has failed to prove the original Customer Application Form. PW3 Nodal Officer of Idea Cellular has proved the CDR of the alleged phone number but has deposed that the original of the CAF Ex.PW3/C is not available. He has deposed that same was destroyed due to fire incident in their warehouse at Noida. However, in regard to said incident, he has only produced copies of police complaints/ fire report but did not produce the original or the certified copy. As per prosecution, said SIM was got issued in the name of Guru Chand Dass (father of accused) whereas the photographs on the CAF is of accused Madan Chander Dass. However, prosecution has not examined any person/official from the SIM issuing company to prove that it was accused only who applied for said connection or who was delivered said SIM on the basis of said CAF. Unless the person allegedly induced is brought before the court to testify, the offence of cheating by personation cannot be proved beyond reasonable doubts. As far as the signatures of the subscriber/ applicant on the CAF is concerned, no evidence has been led to prove that said signatures are SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 37 of 38 that of accused Madan Chander Dass. The mere fact that a photo of the accused was used on the CAF is not sufficient proof of cheating by impersonation by the accused. Therefore, the prosecution has failed to bring on record sufficient evidence to prove the alleged offence u/s 419 IPC against the accused Madan Chander Dass.
9. CONCLUSION 9.1 In view of above said discussion, the prosecution has failed to prove any of the alleged offences against any of the accused. Accordingly, accused Madan Chander Dass, Sanjay Thakur @ Goli and Sanjay Mandal are acquitted. Digitally signed by SACHIN (Announced in the Open Court SACHIN SANGWAN on 25 th January 2024) SANGWAN Date:
2024.01.25 16:24:04 +0530 (SACHIN SANGWAN) Additional Sessions Judge, (FTC)-01, South-East District, Saket Courts, New Delhi/25.01.2024 SC No. 1484/2016 FIR No. 153/2013 State v. Madan Chander Dass & Ors. Page No. 38 of 38