Delhi District Court
State vs Rupinder Singh Bedi ("Acquitted") Page ... on 8 August, 2011
FIR No.408/1998: U/s 420/177/191/193/34 IPC: PS Subzi Mandi DOD: 08.08.2011 IN THE COURT OF VINOD YADAV: CHIEF METROPOLITAN MAGISTRATE: DELHI FIR No.: 408/1998 PS: Subzi Mandi U/s 420/177/191/193/34 IPC Unique ID No.: 02401R0240472011 J U D G M E N T:
______________________________________________________________
(a) S. No. of the case : 95/2
(b) Name of complainant : Shri Rajesh Aggarwal, Ld.MM, Tis Hazari Court, Delhi.
(c) Date of commission of offence : 21.10.1995
(d) Name of the accused : (a) Rupender Singh Bedi,
S/o Shri Gurbachan Singh,
R/o Village Bedi Farm Dhansana,
Tanda Mehmood
PO Bajpur, District Udham Singh
Nagar, Uttarakhand.
(b) Ram Bharose Lal,
S/o Shri Jhamman Lal,
R/o Village Pantpura, PO Kichha,
District Udham Singh Nagar, UP.
(Expired and proceedings qua
him stood abated vide order
dated 03.08.2010)
State V/s Rupinder Singh Bedi ("Acquitted") Page 1 of 9
FIR No.408/1998: U/s 420/177/191/193/34 IPC: PS Subzi Mandi DOD: 08.08.2011
(e) Offence complained of : U/s 420/177/191/193/34 IPC
(f) Plea of accused : Pleaded not guilty.
(g) Final arguments heard on : 26.07.2011
(h) Final Order : (i) Accused Rupinder Singh Bedi
Acquitted
(ii) Accused Ram Bharose Lal
expired and proceedings qua
him stood abated vide order
dated 03.08.2010.
(i) Date of such order : 08.08.2011
______________________________________________________________ State V/s Rupinder Singh Bedi ("Acquitted") Page 2 of 9 FIR No.408/1998: U/s 420/177/191/193/34 IPC: PS Subzi Mandi DOD: 08.08.2011 A. BRIEF FACTS & REASONS FOR SUCH DECISION:
The facts of the case as borne out from the record are that on 01.08.1998 Shri Rajesh Aggarwal, the then learned Metropolitan Magistrate, Delhi, entrusted with the jurisdiction of dealing with the cases of PS Kotwali,Delhi sent a complaint to this court, on the basis of which case FIR in this matter was registered. In the said complaint, learned MM had mentioned that in case FIR No.884/1995, U/s 411 IPC, PS Kotwali, Ombir Singh and Jamuna Prasad were the accused persons. From their possession, one motorcycle bearing Regn. No.UP02A/0146, colour red, make Yamaha was recovered. During the court proceedings in the aforesaid case, the aforesaid motorcycle was released on superdari to its registered owner namely Shri Trilok Singh, who executed a Superdarinama bearing his photograph. When evidence in the matter was being recorded, the notice was issued to Superdar Shri Trilok Singh, who appeared in court and submitted that he never got the aforesaid vehicle released on superdari. He also denied the photograph on the Superdarinama to be his photograph. The then learned MM, dealing with the cases of PS Kotwali, Shri Vinay Kumar Gupta asked said Shri Trilok Singh to place on record his photograph. The said Shri Trilok Singh also submitted that he had sold the aforesaid motorcycle to one Shri Ram Bharose Lal and he was not aware as to whether the said motorcycle was stolen or not.
Thereafter, notice was issued to Shri Ram Bharose Lal, who appeared in court and identified the photo on Superdarinama to be of accused Rupinder Singh State V/s Rupinder Singh Bedi ("Acquitted") Page 3 of 9 FIR No.408/1998: U/s 420/177/191/193/34 IPC: PS Subzi Mandi DOD: 08.08.2011 Bedi. He also furnished the address of accused Rupinder Singh Bedi. Accused Rupinder Singh Bedi also appeared in court and denied having executed Superdarinama in that case. He, however, admitted the photograph on superdari to be his photograph, however, it was further stated that his photograph might have been misused by somebody. Under these circumstances, the learned MM filed the aforesaid complaint against accused Ram Bharose Lal and accused Rupender Singh Bedi, on the basis of which present case FIR was registered. IO collected the original superdarinama filed in case FIR No.884/1995, U/s 411/34 IPC, PS Kotwali, took specimen signatures of accused Rupender Singh Bedi and Ram Bharose Lal, obtained FSL report thereupon and filed chargesheet in the matter for offences punishable U/s 420/177/191/193/34 IPC.
2. After filing of the charge sheet in the case, accused persons were supplied the documents in compliance of Section 207 Cr.P.C and after hearing the arguments, vide order dated 19.09.2001, charges for offences punishable U/s 420/177/191/193/34 IPC were framed against both the accused persons to which they pleaded not guilty and claimed trial.
4. In order to bring home the guilt of both the accused persons, prosecution examined seven witnesses, whereafter PE in the matter was closed. Thereafter, accused Ram Bharose Lal expired during the trial on 18.09.2009 and proceedings qua him stood abated. Thereafter, statement of State V/s Rupinder Singh Bedi ("Acquitted") Page 4 of 9 FIR No.408/1998: U/s 420/177/191/193/34 IPC: PS Subzi Mandi DOD: 08.08.2011 accused Rupender Singh Bedi U/s 313 Cr.P.C was recorded, wherein he abjured all the allegations against him and claimed himself to be innocent and having been falsely implicated in the case. He further stated that he did not wish to lead any defence evidence in the matter.
5. The learned defence counsel Shri Gurbachan Singh, advocate has very vehemently argued that there is no legally sustainable evidence against the accused in the matter and as such, he is liable to be acquitted in the matter. Per contra, learned APP has very vehemently argued that the prosecution has been able to prove charges against the accused through the evidence of PW4 Shri Rajesh Aggarwal (the then learned MM) and PW6 Shri V.K Gupta, Ld.AD&SJ. Before adverting to the arguments advanced at bar, it would be appropriate to have a brief scrutiny of the evidence recorded in the matter.
6. PW1, Shri Trilok Singh, the original owner of the motorcycle in question in his evidence stated that he had sold the aforesaid motorcycle on 14.02.1995 to accused Ram Bharose Lal (since deceased) and handed over Delivery Note and Receipt in this regard. He pleaded ignorance about the theft of said motorcycle and somebody having obtained the same on superdari from the court. He denied his signatures on Superdarinama dated 21.10.1995 as well as photograph thereupon. He placed on record his photograph on the directions of the court.
State V/s Rupinder Singh Bedi ("Acquitted") Page 5 of 9 FIR No.408/1998: U/s 420/177/191/193/34 IPC: PS Subzi Mandi DOD: 08.08.2011
7. PW2, Ct.Prem Chand in his evidence stated that on 16.10.1998 he joined the investigation in the matter, on which date the specimen signatures of accused Rupender Singh Bedi and Ram Bharose Lal were obtained by the IO SI Radhey Lal.
8. PW3, HC Moti Lal was posted as Duty Officer in PS Subzi Mandi at the relevant time and he has proved case FIR in the matter as Ex.PW3/A.
9. PW4, Shri Rajesh Aggarwal, the then learned Metropolitan Magistrate in his evidence stated about his complaint dated 01.09.1998 to this court. However, in his crossexamination, he denied having any personal knowledge regarding the forgery in the Superdarinama, as the same was not placed on record when he was MM, dealing with the cases of PS Kotwali.
10. PW5, Ms.Deepa Verma, Assistant Director (Documents), FSL, Rohini in her evidence proved the FSL report with regard to specimen handwritings of accused Rupender Singh Bedi and Ram Bharose Lal visavis their admitted handwritings. As per the said report, the specimen handwritings of accused Rupender Singh Bedi did not match with the handwritings on the superdarinama.
State V/s Rupinder Singh Bedi ("Acquitted") Page 6 of 9 FIR No.408/1998: U/s 420/177/191/193/34 IPC: PS Subzi Mandi DOD: 08.08.2011
11. PW6, Shri V.K Gupta, learned ADJ in his evidence stated that on 20.10.1995 one Shri Trilok Singh moved an application for release of the said motorcycle on superdari in the above noted case of PS Kotwali. The said Shri Trilok Singh also appeared in person to present the said application. On 21.10.1995, on the basis of police report and the documents produced by said Shri Trilok Singh, the aforesaid motorcycle was released on superdari. The Superdarinama (Ex.PW6/C) was executed by said Shri Trilok Singh, which was accepted by the court, however, during trial of the aforesaid case when notice was issued to said Shri Trilok Singh, he appeared in court and stated that he never got the aforesaid motorcycle released on superdari. His statement was recorded. On the basis of his statement, accused Ram Bharose Lal was summoned in court, whose statement was also recorded. In his crossexamination, this witness admitted that he did not pass any written order to affix the photograph on superdarinama. He further admitted that in the application for superdari, the applicant did not sign in his presence. It was further stated that said Shri Trilok Singh did not file negative of his photograph.
12. PW7, IO/SI (Retd.) Radhey Lal in his evidence deposed about the registration of FIR, handing over the investigation to him and he having obtained the specimen handwritings of both the accused persons and sending the same to FSL alongwith the admitted handwritings and questioned handwritings and recording the statement of witnesses. In his cross State V/s Rupinder Singh Bedi ("Acquitted") Page 7 of 9 FIR No.408/1998: U/s 420/177/191/193/34 IPC: PS Subzi Mandi DOD: 08.08.2011 examination, he admitted that he had not taken permission from the court before obtaining specimen signatures of both the accused persons.
13. From the evidence recorded in this matter, it will have to be seen whether the ingredients of offences punishable U/s 420, 177, 191 and 193 IPC are getting satisfied against the accused. It will have to be further seen whether the prosecution has been able to establish that it was this accused who had filed application for release of the said vehicle on superdari (Ex.PW6/A) and had signed as Shri Trilok Singh for the purpose of obtaining the said motorcycle on superdari by cheating the court and he had furnished false information before the court and had lied on oath.
14. It is the admitted case of prosecution that nobody saw this accused signing Ex.PW6/A as Shri Trilok Singh. There is further no evidence that this accused appeared in court on 20.10.1995 and 21.10.1995 and produced superdarinama in respect of the motorcycle in question. The FSL report has not inculpated him in the matter. Both PW4 Shri Rajesh Aggarwal and PW6 Shri V.K Gupta have not identified him to be the person who had appeared in court to obtain the said motorcycle on superdari.
15. From the evidence of PW1, it is also apparent that he had sold the said motorcycle to accused Ram Bharose Lal (since deceased) on 14.02.1995 and from his possession the said motorcycle was stolen and he could have been the person who would have been the beneficiary of the superdari of the said motorcycle. This is also apparent from the documents State V/s Rupinder Singh Bedi ("Acquitted") Page 8 of 9 FIR No.408/1998: U/s 420/177/191/193/34 IPC: PS Subzi Mandi DOD: 08.08.2011 on record that said Ram Bharose Lal did not get the Registration Certificate of the aforesaid motorcycle transferred in his name and as such, there was a strong probability of he filing a false application for release of aforesaid motorcycle on superdari and then making somebody else to file false superdarinama on record. He having died, the proceedings qua him have already been abated in the matter. The only evidence connecting accused Rupender Singh Bedi with this case is his photograph, which was found affixed on Ex.PW6/C. That in itself is not the conclusive evidence that he was the one who had appeared in court and filed application for superdari and superdarinama. There is very strong probability that somebody else might have misused his photograph.
16. As such, the prosecution has not been able to establish charges against this accused beyond reasonable doubt. Accused Rupender Singh Bedi is accordingly acquitted of the charges in the matter. His B/B stands cancelled, surety stands discharged. Endorsement(s), if any, either on the documents of surety or of accused be cancelled forthwith. Original documents, if any, either of accused or of surety be returned to its rightful owner forthwith. File be consigned to record room after completion of necessary formalities.
Announced in the open court (Vinod Yadav)
on 08.08.2011 Chief Metropolitan Magistrate:
Delhi
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