Delhi District Court
State vs Ajay Kumar Sharma Etc., , on 10 February, 2011
(P/1)
FIR NO. 254/2008
u/s 420/471/120 B IPC
P.S. IGI Airport
IN THE COURT OF SH RAJESH KUMAR GOEL
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE-02 ,
DWARKA COURTS
FIR NO. 254/2008
u/s 420/471/120 B IPC
P.S. IGI Airport
Date of institution : 16.9.2008
Date of final argument : 10.2.2011
Date of final order : 10.2.2011
JUDGMENT:
A SL NO. OF THE CASE : 02403R0642322008 B: DATE OF OFFENCE : or or before 13.7.2008 C: NAME OF THE : State COMPLAINANT D: NAME OF THE : 1. Ajay Kumar Sharma Accused Sadhu Ram Person r/o H.NO 204 , Village Bagowal , P.S & Tehsil Mukerian District Hoshiyarpur, Punjab.
2. Raman Kumar s/o Bakshish Raman ( already stands convicted) E: OFFENCE : U/S 420/471 r/w 120 B IPC COMPLAINED OFF F: PLEA OF ACCUSED : Pleaded not guilty G: FINAL ORDER : Acquitted H: DATE OF SUCH : 10.2.2011 ORDER (P1of 7) state vs Ajay Kumar Sharma etc., , (P/2) FIR NO. 254/2008 u/s 420/471/120 B IPC P.S. IGI Airport BRIEF REASONS FOR DECISION:
1. Accused Ajay Kumar Sharma is facing trial on the allegation of the prosecution that on or before 13.7.2008 , he being the agent alongwith coaccused Raman Kumar , Pax ( convited) entered into a criminal conspiracy to facilitate journey of coaccused Raman Kumar and on 13.7.2008 at about 8 pm at departure right wing of immigration in furtherance of said criminal conspiracy , accused Raman Kumar produced the passport bearing no. F 2205920 dt/ 7.3.2005 for clearance and on scrutiny it was found that something was removed from page no. 21 and on interrogation it was revealed that it was a refusal stamp of portugal embassy and it was further revealed that Malaysian visa affixed at page no.9 was also removed . It is further alleged that in furtherance of said criminal conspiracy on the aforesaid date co accused Raman Kumar used the said passport for the aforesaid purpose as genuine knowing and having reason to believe that the same is forged.
(P2of 7) state vs Ajay Kumar Sharma etc., , (P/3) FIR NO. 254/2008 u/s 420/471/120 B IPC P.S. IGI Airport
2. After investigation the chargesheet was filed against both the accused person. Prima facie case U/s 420/471 r/w 120 B IPC was made out against both the accused person. After compliance of the section 207 IPC , charge were framed against them to which accused Raman Kumar pleaded guilty and he stands convicted vide order dated 08.4.2009 . Accused Ajay Kumar sharma pleaded not guilty and claimed to be tried.
3. In support of its case against accused Ajay Kumar Sharma prosecution has examined nine witnesses .
4. PW1 Ct. Kuldeep Singh is the witness to whom pax Raman Kumar , travel documents and rukka were handed over by the complainant for registration of FIR . PW2 S.I Pankay Pandey is the complainant. PW3 Mrs Shanti Devi , PW4 Harpal and PW6 Shyam lal are the public witnesses who have not supported the case of the prosecution . They were cross examined by ld APP for state. PW5 Sh V.P Kamleshkar deposed that he received passport (P3of 7) state vs Ajay Kumar Sharma etc., , (P/4) FIR NO. 254/2008 u/s 420/471/120 B IPC P.S. IGI Airport bearing no. F 2205920 in forgery detection cell for examination. He examined the said passport and gave detailed report ExPW5/A. PW 7 Ct. Pradeep and PW9 Ct. Mukesh are the witnesses who accompanied the IO during investigation. PW8 Hyder Hussian Naqvi proved the verification report of passport no. F 2205920 as ExPW8/A .
5. Thereafter prosecution evidence was closed and statement of accused Ajay Kumar Sharma u/s 281 Cr.PC was recorded wherein he denied the allegations made against him . However, he did not opt to lead any evidence in his defence.
6. I have perused the record and heard the Ld.APP for State and the ld counsel for the accused .
7. Accused Ajay Kumar Sharma has been charged for an offence u/s 420/471/120 B IPC . As far as the accused Ajay Kumar Sharma is concerned , there is no material evidence against him. It appears that he has been made an accused in (P4of 7) state vs Ajay Kumar Sharma etc., , (P/5) FIR NO. 254/2008 u/s 420/471/120 B IPC P.S. IGI Airport the present case only on the disclosure statement of the coaccused Raman Kumar , who has already been convicted, which is not admissible . Although, prosecution has examined nine witnesses but none of the witness has said anything material against the accused Ajay Kumar Sharma.
8. As per the case of the prosecution the accused Ajay Kumar Sharma has conspired with coaccused Raman Kumar to facilitate his journey but nothing has brought on record in this regard. There is nothing on record to connect the accused Ajay Kumar Sharma with the alleged offence.
9. PW1 Ct. Kuldeep Singh , PW7 Ct. Pradeep , PW8 Hyuder Hussian Naqvi , PW9 Ct. Mukesh are just formal witnesses . They have stated nothing against the present accused. PW3 Mrs Shanti Devi, PW4 Harpal and PW6 Shyam Lal are the public witnesses who have not supported the case of the prosecution and they were cross examined by the ld APP for the state. In these circumstances, testimonies of PW 2 S.I Pankaj Pandey, complainant (P5of 7) state vs Ajay Kumar Sharma etc., , (P/6) FIR NO. 254/2008 u/s 420/471/120 B IPC P.S. IGI Airport and PW5 Sh V.P Kamleshkar remains.
10. Although, PW2 S.I Pankaj Pandey has deposed against the accused Raman Kumar (already stands convicted) but he had said nothing material against accused Ajay Kumar Sharma . PW2 was referring one Sharma but that too on the basis of the disclosure made by the coaccused Raman Kumar . PW5 Sh V.P Kamleshar deposed that he received passport bearing no. F 2205920 in forgery detection cell for examination. He examined the said passport and gave detailed report ExPW5/A. PW5 has also not said anything against the accused Ajay Kumar Sharma. He has only examined the passport in question . Testimonies of these witnesses are also not sufficient to convict the accused Ajay Kumar Sharma for the offence alleged. It is alleged that on scrutiny of passport of accused Raman Kumar bearing no. F 2205920 , it was found that something was removed from page no.21 , and Malaysian visa affixed on page no.9 was also removed . But there is nothing on record to show that said page were removed by Ajay Kumar Sharma or with his help .
(P6of 7) state vs Ajay Kumar Sharma etc., , (P/7) FIR NO. 254/2008 u/s 420/471/120 B IPC P.S. IGI Airport
11. Nothing has been brought on record which could show that accused Ajay Kumar Sharma ever conspired with co accused Raman Kumar as alleged by the prosecution. There is no evidence to show that any wrongful gain was caused to the Ajay Kumar Sharma .
12. Keeping in view the above observation, facts and circumstances of the case, I am left with no option but to hold that prosecution has failed miserably to prove its case against the accused Ajay Kumar Sharma beyond the shadow of doubt. Accordingly, accused Ajay Kumar Sharma stands acquitted from the charge u/s 420 /471 /20 B IPC . His Surety stands discharged.
13. File be consigned to record room.
(RAJESH KUMAR GOEL) Addl Chief Metropolitan Magistrate02/Dwarka courts ANNOUNCED IN THE OPEN COURT TODAY I.E 10.2.2011 (P7of 7) state vs Ajay Kumar Sharma etc., ,