Delhi District Court
State vs Sarabjeet Singh Etc., on 24 August, 2011
(P/1)
FIR NO.114/2002
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.114/2002
u/s 420/471/120 B IPC
P.S. IGI Airport
Date of institution : 05.05.2005
Date of final argument : 24.08.2011
Date of final order : 24.08.2011
JUDGMENT:
A SL NO. OF THE CASE : 02403R0210472005 B: DATE OF OFFENCE : on or before 19.3.2002 C: NAME OF THE : State COMPLAINANT D: NAME OF THE : 1. Sarabjeet Singh Accused s/o Sardar Swarn Singh Person ( already stands convicted) 2 Tarsem Singh s/o Jarnail Singh r/o Village Jeobala Teh Taran Taran, Distt Amritsar Punjab.
3. Ranjeet Singh @ Rana s/o Gurmail Singh ( P.O) E: OFFENCE : U/S 420/471/120 B IPC COMPLAINED OFF F: PLEA OF ACCUSED : Pleaded not guilty.
G: FINAL ORDER : Acquitted.
(P1of 7)
state vs Sarabjeet Singh etc.,
(P/2)
FIR NO.114/2002
u/s 420/471/120 B IPC
P.S. IGI Airport
H: DATE OF SUCH : 24.8.2011
ORDER
BRIEF REASONS FOR DECISION:
1. On 19/20.3.2002 at 2335 hours at arrival wing of immigration, IGI Airport , Pax Sarabjeet Singh arrived by flight no. TG 315 from Bangkok and produced passport no. K 711501 issued in the name of Harbhajan Singh for immigration clearance. On scrutiny of his passport it was found that the Malaysian visa's affixed on page no. 16,18,20 and 21 wetc., are forged. Accused Sarabjeet Singh disclosed that he had departed from IGI Airport on 5.5.1994 to Malaysia . He over stayed in Malaysia and to regularise his stay in Malaysia he obtained the forged visa's through one agent who is residing in Malaysia, for a payment of 3000 Ringit ( Malaysian currency). It is alleged that accused Tarsem had arranged the journey of the pax Sarabjeet Singh for unlawful consideration. FIR was registered and matter was investigated.
2. After investigation the chargesheet was filed (P2of 7) state vs Sarabjeet Singh etc., (P/3) FIR NO.114/2002 u/s 420/471/120 B IPC P.S. IGI Airport against both the accused person. Prima facie case U/s 420/471 r/w 120 B IPC was made out against the accused person. After compliance of the section 207 IPC , charge has been framed to which they pleaded not guilty and claimed to be tried.
3. Here it is pertinent to mention that during pendency of the present case accused Sarabjeet Singh pleaded guilty and vide order dated 28.6.2011 , accused Sarabjeet Singh was convicted.
4. In support of its case, against accused Tarsem Singh prosecution has examined seven witnesses .
5. PW2 Inspector Jaibir Singh is the complainant and was posted as clearing officer during relevant time. PW3 Ct Naveen Kumar , PW4 HC Jai Singh are the witnesses who accompanied the IO during investigation . PW5 ASI Raj (P3of 7) state vs Sarabjeet Singh etc., (P/4) FIR NO.114/2002 u/s 420/471/120 B IPC P.S. IGI Airport Kumar is the duty officer.
6. PW7 Kailash Kumar is the witness from passport office , Chandigarh who proved the passport verification report ExPW7/A of passport no. K711501 . PW 1 S.I Rakesh Kumar is the IO who carried out the investigation.
7. PW 6 Swarn Singh is the public witness who has not supported the case of the prosecution and he was cross examined by the ld APP .
8. Thereafter prosecution evidence was closed and statement of accused Tarsem Singh u/s 281 Cr.PC was recorded wherein he denied the allegation made against him . However, he did not opt to lead any evidence in his defence.
9. I have perused the record and heard the Ld.APP for State and the ld counsel for the accused Tarsem (P4of 7) state vs Sarabjeet Singh etc., (P/5) FIR NO.114/2002 u/s 420/471/120 B IPC P.S. IGI Airport Singh .
10. Accused Tarsem Singh is facing trial on the allegation that he facilitated the journey of the coaccused and he provided/arranged the forged Malaysian Visa . But there is no evidence at all against him . It appears that he has been made the accused in the present case only on the disclosure statement of the coaccused Sarabjeet Singh which is not admissible . Although, prosecution has examined seven witnesses but none of the witness has said anything material against the present accused on the basis of which he can be convicted.
11. PW3 Ct. Naveen Kumar , PW4 HC Jai Singh , PW5 ASI Raj Kumar and PW7 Kailash Kumar are just formal witnesses. They have said nothing against the accused Tarsem Singh .
12. PW6 Swarn Singh is the public witness. This (P5of 7) state vs Sarabjeet Singh etc., (P/6) FIR NO.114/2002 u/s 420/471/120 B IPC P.S. IGI Airport witness has not supported the case of the prosecution and he was cross examined by the ld APP for the state. Even during his cross examination by the state he has not supported the story of the prosecution.
13. In these circumstances, testimonies of PW1 S.I Rakesh Kumar , IO and PW 2 Insp. Jaibir Singh , complainant remains. Both these witnesses have deposed against the accused Sarabjeet Singh (already stands convicted) but they have said nothing material against accused Tarsem Singh . They are not the witnesses to the alleged transaction. Nothing has been paid in their presence to the accused Tarsem Singh. No purpose would be served by discussing their testimony as they have said nothing against the accused Tarsem. Testimonies of these witnesses are not sufficient to convict the accused Tarsem Singh for the offence alleged.
14. Nothing has been brought on record by the (P6of 7) state vs Sarabjeet Singh etc., (P/7) FIR NO.114/2002 u/s 420/471/120 B IPC P.S. IGI Airport prosecution to the effect that accused Tarsem Singh entered into a criminal conspiracy with coaccused as alleged by the prosecution.
15. 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 Tarsem Singh beyond the shadow of doubt. Therefore, accused Tarsem Singh stands acquitted from the charge u/s 420/471/120 B IPC . His Surety stands discharged.
(RAJESH KUMAR GOEL) Addl Chief Metropolitan Magistrate02/Dwarka courts ANNOUNCED IN THE OPEN COURT TODAY I.E 24.8.2011 (P7of 7) state vs Sarabjeet Singh etc.,