Delhi District Court
State vs Dalip Malik & Ors. on 26 March, 2018
IN THE COURT OF SH. BABRU BHAN
METROPOLITAN MAGISTRATE 07, ROOM NO. 345
CENTRAL, TIS HAZARI COURTS, DELHI.
STATE VERSUS Dalip Malik & Ors.
FIR No. 151/2003
P.S.: Subzi Mandi
U/s: 420/467/468/471
411/414/120B/34 IPC
1. Serial No. of the case : 298740/16
2. Date of commission of offence: On or after 12.12.1997
3. Name of the Complainant : Sh. Anil Kakkar
4. Name of the accused, (i)Dalip Kumar Malik
his parentage and residence : s/o Madan Lal
r/o B2/B118, Janakpuri,
Delhi.
(ii)Daya Ram @
Lalaji(since P.O.)
s/o Dharampal
r/o D1207, Gali No.5,
Ashok Nagar, Delhi.
(iii)Rajesh Kumar
s/o Kanahiya Lal
r/o E91, Gali No.2,
Subhash Vihar,
Bhajanpura, Delhi.
(iv)Bharat Kumar Rajput
s/o Nathu Singh
r/o Village Bhupat Pur,
P.O. Jagir, P.S. Elau, Distt.
Mainpuri, U.P.
(v)Rajinder Prasad Sharma
@ Raju(acquitted)
s/o Jagdish Prasad
r/o Flat No. 406, Samla
Apartment (Block A),
238, GLT Road, Kolkata
36.
5. Date when judgment : 12.03.2018
was reserved
6. Date when Judgment : 26.03.2018
was pronounced
7. Offence Complained of : 420/467/468/471/411
414/120B/34 IPC
8. Plea of accused : Pleaded not guilty
9. Final Judgment : Accused are convicted.
Brief Statement of reasons for the decision of the case
1. On 24.01.2003, SI Ved Prakash (PW9) was posted at P.S. Subzi Mandi when he received a complaint Ex. PW1/A regarding theft of of Kisan Vikas Patras(hereinafter referred to as 'KVPs') and National Saving Certificates (hereinafter referred to as 'NSCs') was received from Department of Post Office, North Sub Division. SI Ved Prakash(PW9) made an endorsement Ex. PW9/A on the complaint. After verifying the contents of the complaint, the present case FIR came to be registered on 08.07.2003 by HC Man Prakash(PW4). The investigation of the matter was handed over to SI Nalin(PW21).
2. During course of investigation, on 24.06.2004 SI Nalin received an secret information regarding the accused in the present case. He constituted a raiding party consisting of HC Ashok, Ct. Hawa Singh, Ct. Rajeev, Ct. Manoj and Ct. Satender and went to Kashmere Gate. Accused Dalip was arrested vide memo Ex. PW17/A. Thereafter, at the instance of accused Dalip, accused Bharat Kumar Rajput, Dayaram and Rajesh were arrested from Ashok Nagar, Shahdara, Delhi. Recoveries of some stolen KVPs and forged documents were made from accused persons. Specimen and admitted signatures and handwriting of accused persons were obtained and sent to FSL for opinion of handwriting expert.
3. On completion of investigation, police filed the chargesheet u/s 420/467/468/471/411/414/120B /34 IPC against accused Dalip Kumar Malik, Dayaram(since P.O.), Rajesh Kumar, Bharat Kumar Rajput and Rajender Prasad Sharma.
4. Formal charge for the offence u/s 411 IPC was framed against accused Daya Ram. Formal charge for the offence u/s 411/414/34 IPC was framed against the accused Rajesh Kumar and Bharat Kumar Rajput. Further, accused Dalip Kumar, Daya Ram, Rajender Prasad Sharma, Rajesh Kumar and Bharat Kumar Rajput were charged for the offence u/s 420/467/468/471/34 and also for the offence u/s 120B IPC. Accused persons pleaded not guilty and claimed trial.
5. During the course of trial, accused Dayaram absconded. Thus, vide the present judgment, fate of remaining accused persons only is to be decided.
6. To prove its case, prosecution has examined 21(twenty one) witnesses.
7. Y.P. Pandey, Asstt. Director, Office of Chief Postmaster General, New Delhi was working as Asstt. Superintendent of Post on 24.01.2003. On directions of Sr. Superintendent of Post Office, he lodged a complaint Ex. PW1/A with SHO, P.S. Subzi Mandi. As per the complaint, Dalip Kumar had fraudulently projected that 50 KVPs of Rs. 5,000/ each were transferred to Malkaganj Post Office, Delhi from Ghanta Ghar Kota Post Office, Rajasthan. Actually, these KVPs were stolen during the course of transmission between Indian Security Press, Nasik to North East Stamp Depot, Gauhati. Subsequently, accused Dalip Kumar managed to fraudulently transfer the KVPs in the name of Pushp Lata Jain and Rajesh Jain in connivance with one Postal Assistant Mahender Singh posted at Malkaganj Post Office. The case of the prosecution further says that one Jagmohan Singh, SAS agent and Gurbir Kaur, Deputy Sub Postmaster, Malkaganj facilitated the issuance of fresh genuine KVPs to accused Dalip Kumar. In this manner, fraudulently encashment as well as transfer of KVPs from one person to another took place which resulted into loss of Rs. 5 lacs to the government. The amount was got encashed by accused Dalip Kumar from Syndicate bank through cheques.
8. M.L. Arora(PW2) was working as Postal Assistant, North Division in the office of Sr. Superintendent. He had provided some medical documents of accused Daya Ram to the IO which were seized vide memo Ex. PW2/A. S.N. Dhondia(PW4) was ASP in the office of Chief Postmaster and he is also signatory to the seizure memo Ex. PW2/A.
9. Sh. Raghunath Nagar(PW5) has deposed that in the year 2003, he was posted as Postmaster, Ghanta Ghar Post Office, Kota, Rajasthan. In the year 2003, one police officer visited the post office and made enquiries about some stolen NSCs and KVPs which were not found issued from aforesaid post office. A letter for verification of some KVPs and NSCs was received from Postmaster, Malkaganj which was replied that the KVPs and NSCs were not issued from aforesaid office.
10. Anand (PW6) was working in Standard Chartered Bank and in pursuant to notice u/s 160 & 91 Cr.PC, he had provided account opening form and statement of account of accused Dalip Malik. These documents are Ex. PW6/A and Ex. PW6/B. Seizure memo of documents is Ex. PW6/C.
11. R.C. Kataria(PW7) was working in Syndicate Bank and in pursuant to notice u/s 160 & 91 Cr.PC, he had provided specimen signatures card of accused Dalip Malik and various statements of account of accused Dalip Malik. These documents are mark A and Ex. PW7/A to Ex. PW7/C. Seizure memo of documents is Ex. PW7/D.
12. Sh. S.C. Kumar(PW8) was working as Manager, Syndicate Bank, Janakpuri. PW8 has furnished the information regarding saving bank account no. 11154 of accused Dalip Malik. It was informed that on 04.05.2002, two cheques amounting to Rs. 80,600/ and Rs. 1,0,0750/ were credited to the said account and this whole amount was withdrawn by the account holder within a period of one month of deposit.
13. HC Jarnail Singh(PW10) was posted at Anti Auto Theft Squad and on 07.07.2004 on directions of SI Nalin, this witness had served the notices u/s 91/160 Cr.P.C upon R.C. Kataria, Clerk, Syndicate Bank, Janakpuri and Vasant Vihar.
14. HC Nepal Singh(PW11) had deposited two pulandas alongwith seizure memo in malkhana. PW11 being the malkhana mohrir made the relevant entries in register no.19 Ex. PW11/A. On 30.07.2004, the documents were sent to CFSL vide RC Ex. PW11/B.
15. Ram Mahesh Shakya(PW13) Asstt. Superintendent, Post Office, Mainpuri has deposed that on 23.07.2004, on directions of Superintendent(Post) he had supplied some documents pertaining to present case to the police. All the documents were taken into possession vide memo Ex. PW13/A.
16. Bina Ram(PW15) brought the original circular issued by Department of Posts, Postmaster General, Assam. Photocopy of same is Ex. PW15/B. The witness also filed an additional copy which is Ex. PW15/C.
17. O.P. Srivastava(PW16) had issued a letter intimating the investigating officer about the sanction in terms of section 190 Cr.P.C to arrest Bharat Kr. Rajput. The letter is Ex. PW16/A.
18. Dr. Sachin Mittal(PW19) has produced the certified copies of various circulars and instructions issued by different Postmasters all over India regarding the theft of the KVPs and NSCs. Same are Ex. PW19/B to Ex. PW19/N.
19. Mohinder Singh, retired expert from Govt. of India Laboratory, Hyderabad appeared as PW20. He has filed his detailed handwriting report Ex. PW20/B.
20. SI Nalin Verma(PW21) is the Investigating Officer. He has carried out the investigation which has been detailed in opening paragraph of this judgment.
21. After prosecution evidence, the substance of entire incriminating circumstances was put to the accused persons under the mandate of section 313 r/w section 281 Cr.P.C. wherein accused persons pleaded innocence and denied the correctness of the case of prosecution. They tendered their defence that they were falsely implicated as named by accused Daya Ram.
22. Arguments heard.
23. As per the allegations leveled against the accused Dalip Malik, he fraudulently got 50 KVPs bearing no. 35BB 937901 to 35BB 937950 of Rs. 5,000/ in denomination transferred to Malkaganj Post Office which were purported to have been issued from Post Office Ghanta Ghar, Kota, Rajasthan. These KVPs were actually never issued from Ghanta Ghar Post Office, Kota, Rajasthan. These KVPs were stolen during transit between Indian Security Press Nasik and North East Stamp Depot, Gauhati. Accused Dalip Malik managed to transfer above KVPs in name of Pushp Lata Jain and Rajesh Jain in connivance of Mahender Singh, Sh. Jagmohan Singh and Gurbir Kaur, Sub Postmaster, Malkaganj. All the above named persons further arranged the issue of new and genuine KVPs bearing no. 87BB 071279 to 071298, 87BB 071263 to 071272 and 87BB 073105 to 073124. In this manner, fraudulent encashment and transfer of KVPs from one person to another person had taken place which resulted into loss of Rs. 5 lacs to the government. Case of prosecution further says that accused Dalip Kumar got fraudulent transfer of KVPs and NSCs bearing no. 58CC907055 to 907057 denomination of 10,000/ each, total amount Rs. 55,800/, 58CC907067 to 907070 denomination of 10,000/ each total amount Rs. 74,400/ and 58CC907063 to 907065 denomination of 10,000/ each total amount Rs. 55,800/. The accused also got transferred NSCs bearing no. 20EE483857 to 483860 denomination of 10,000/ each total amount Rs. 80,600/, 20EE483896 to 483900 denomination of 10,000/ each total amount Rs. 1,00750/. In this manner, he fraudulently got transferred total amount of Rs. 3,67,350/. Further, accused Dalip also managed to transfer NSCS bearing no. 20EE483862 to 483870 purported to have been issued from Ghanta Ghar Post Office, Kota Rajasthan to Malkaganj Post Office, Delhi. The payment against NSCs bearing no. EE483857 to 483860 amounting to Rs. 80,600/ was made through SBI vide cheque bearing no. 315507 and NSC bearing no. 483896 to 483900 amounting to Rs. 1,00750/ was made through SBI, Tis Hazari branch vide cheque no. 315508. Both the abovesaid cheques were encashed by accused Dalip on 04.05.2002.
24. Vide circular bearing no. INA/NSC46/12/98 Ex. PW19/C and a corrigendum dtd. 24.04.2000 Ex. PW19/D annexed with the same would show that IVPs, KVPs and NSCs bearing no. 33BB 920001 to 35BB 1000000 were reported lost during the transmission from Nasik Security Press to various post offices all over India. The aforesaid circulars are corroborating the case of the prosecution that the KVPs were stolen.
25. Now the next question is whether accused Dalip Kumar had fraudulently got the said KVPs and NSCs transferred from Ghanta Ghar Post Office Kota to Malkaganj Post Office, Delhi. This question takes me to an application written to Postmaster Ghanta Ghar Post Office by accused Dalip Singh. It may be noted that the report of handwriting expert Ex. PW20/B establishes that this application bears the signature of accused Dalip Singh.
26. Raghunath Nagar, who appeared as PW5 has deposed that sometimes in year 2003, one police officer from Delhi came to their office and enquired about an application of transfer of NSCs and KVPs. He was informed that the said KVPs and NSCs were not issued from Post Office, Kota, Rajasthan.
27. In complaint Ex. PW1/A, Sh. Y.P. Pandey(PW1) has mentioned that two cheques were issued to the accused towards the NSCs which were got encashed in his Syndicate Bank account on 04.05.2002. PW8 S.C. Kumar has deposed that he had furnished the details of the bank account bearing no. 11154 in the name of Dalip Kumar to the police officials from P.S. Subzi Mandi. On checking of the record it was revealed that on 04.05.2002, two cheques amounting to Rs. 80,600/ and Rs. 1,00750/ were collected for clearing and the amount was immediately withdrawn by the account holder. This fact is established by the statement of account of accused Dalip Kumar which is Ex. PW7/A.
28. Ld. counsel for accused has sought to challenge the credibility of PW5 by throwing suggestions upon him that he had merely signed the blank papers at the behest of the police officials without going through the record. This argument is liable to be rejected because the witness has clearly and categorically stated that the record of issuance of NSCs and KVPs is properly maintained at the post office. Needless to say that the record was supplied to the IO after verifying the records. Further, documents Ex. PW15/B, Ex. PW19/C and Ex. PW19/D are sufficiently corroborating the case of the prosecution that the KVPs were stolen during transit from Nasik Security Press to various Post Offices all over India and various circulars for taking caution to avoid misuse of the stolen KVPs and NSCs were issued by concerned Chief Postmasters all over the India. The KVPs and NSCs which were sought to be transferred by accused Dalip Kumar are bearing the same numbers which were reported stolen via the aforesaid circulars Ex. PW15/B, Ex. PW19/C and Ex. PW19/D.
29. It appears from the line of crossexamination followed during the crossexamination of SI Nalin Verma(PW21) that accused is disputing the identity of accused Dalip Kumar mentioned in complaint Ex. PW1/A. During the crossexamination, Ld. counsel had thrown some suggestions upon the witness that the father's name of accused Dalip Kumar was not written in complaint Ex. PW1/A. He also suggested to the witness that Dalip Kumar implicated in the present case is different from Dalip against whom the complaint Ex. PW1/A ws made. This argument is liable to be rejected for the reason that the prosecution has produced sufficient evidence on record that some of the KVPs and NSCs were encashed through the cheques issued in name of Dalip Kumar. This money was collected by Syndicate Bank where accused was maintaining his account. During investigation, IO had obtained the account opening form Ex. PW21/X13 of the accused from Syndicate Bank vide proper seizure memo. This account opening form bears the photographs of the accused. It also bears his signatures at point A61. The fact that the cheques issued in the name of accused Dalip were encashed in the account which was maintained by one Dalip, identity of whom has been established by his photographs on the account opening form Ex. PW21/X13 is sufficient to establish that accused who has been prosecuted in this case is the same Dalip who had fraudulently got encashed the cheques issued towards the stolen NSCs and KVPs.
30. The prosecution has produced sufficient evidence on record that accused Dalip Kumar fraudulently projected the transfer of KVPs and NSCs from Ghanta Ghar Post Office, Kota Rajasthan to Malkaganj Post Office, Delhi. These KVPs were stolen and never transferred from Ghantaghar Post Office, Kota Rajasthan. Not only this, accused got some of the KVPs and NSCs encashed in name of various persons. Fraudulent encashment of some of the NSCs in his favour has been sufficiently proved by the bank statement Ex. PW7/A.
31. Accused Bharat Kumar Rajput was arrested vide memo Ex. PW17/A. During his personal search, some registered postal letters, application for transfer of some saving certificates written to Ghanta Ghar Post Office, Kota and Ansari Nagar, New Delhi, receipt of Rs. 4 lacs, cash amount of Rs. 30,000/ were recovered. The documents recovered from Bharat Kumar Rajput were seized vide memo Ex. PW17/K1. Circular Ex. PW19/C issued by Chief Postmaster would show that the number of KVPs/NSCs mentioned on the transfer application mark 'X'(original seen and returned) recovered from accused Bharat Kumar Rajput are the same which were reported to be stolen. The report of handwriting expert Ex. PW20/B establishes that these documents were prepared by accused Bharat Kumar Rajput.
32. The recovery of the documents i.e. application for transfer of KVPs mark 'X' is apparently not disputed by accused Bharat Kumar Rajput. Via the transfer application mark 'X' recovered from Bharat Kumar Rajput, the transfer of those KVPs and NSCs had been sought which were reported stolen via circular Ex. PW19/C. The signatures of the accused upon the aforesaid KVPs are established by the report of handwriting expert Ex. PW20/B. Thus there is sufficient material on record to show that accused Bharaj Kumar Rajput had forged the documents for cheating.
33. SI Nalin Kumar Verma(PW21) has deposed that at instance of accused Dalip Malik, accused Rajesh was arrested from Shahdara, Delhi vide memo Ex. PW17/G on 24.06.2004. On personal search of accused, he was found in possession of 8 KVPs in the name of Sangeeta bearing serial no. 45BB 454448 to 45BB 454455. The accused has not furnished any explanation for possession of aforesaid KVPs. Report of handwriting expert Ex. PW20/B shows that the transfer application mark 'X' recovered from accused Bharat Kumar Rajput bears the handwriting of accused Rajesh Kumar at Q234 and Q235. The accused had an opportunity to explain the possession of the KVPs and the reasons for putting his signatures on transfer application mark X at points Q234 and Q235, however, no such explanation has been put forth by the accused. The recovery of KVPs mark X as well as signatures on transfer application mark 'X' recovered from accused Bharat Kumar Rajput shows that accused was in conspiracy with accused Bharat Kumar Rajput and accused Dalip Kumar for forging and fraudulent transfer of stolen KVPs.
34. As emerged from statement of SI Nalin(PW21), accused Rajender Prasad Sharma @ Raju was arrested on 08.07.2004. Besides his disclosure statement, investigating agency could not collect any admissible evidence against him. No recovery or arrest has been effected at his instance. There is nothing on record to even remotely demonstrate that accused was part of the conspiracy of fraudulent transfer of forged KVPs and NSCs. Accordingly, accused Rajender Kumar Sharma stands acquitted.
35. Net result of aforesaid discussion is that accused Dalip Kumar, Bharat Kumar Rajput and Rajesh hatched a criminal conspiracy for fraudulent transfer of KVPs and NSCs which were stolen during transit from Nasik Security Press to various post offices all over India. Accused Dalip Kumar further forged some documents and on basis of the same, he got encashed many KVPs and NSCs in his favour. There is sufficient material on record to demonstrate that accused Bharat Kumar Rajput was also found in possession of some forged transfer applications written to Postmaster Ghanta Ghar Post Office, Kota Rajasthan and Ansari Nagar, Delhi. These transfer applications were bearing the signatures of accused Rajesh Kumar showing that he was also part of conspiracy with accused persons. Further, accused Rajesh Kumar was also found in possession of 8 stolen KVPs. Accordingly, accused Dalip Kumar is convicted for the offence u/s 420/467/468 r/w section 120 B IPC. Accused Bharat Kumar is convicted for the offence u/s 120B/468 IPC. Accused Rajesh Kumar is convicted for the offence u/s 120B/468 and 411 IPC.
BABRU Digitally signed
by BABRU BHAN
BHAN Date: 2018.03.27
16:56:42 +0530
ANNOUNCED IN THE OPEN (BABRU BHAN)
COURT ON 26th March 2018 . METROPOLITAN MAGISTRATE07
CENTRAL/ TIS HAZARI COURTS