Delhi District Court
State vs Ashish Hans on 25 January, 2024
IN THE COURT OF SH. APOORV GUPTA, MM02,
CENTRAL DISTRICT, TIS HAZARI COURT, DELHI
STATE VS. ASHISH HANS
FIR No. 222 / 2013
POLICE STATION TIMAR PUR
U/S 476 IPC
Date of institution of the case : 06.05.2017
Date of judgment reserved : 04.12.2023
CNR : DLCT020109092017
Name and address of accused : ASHISH HANS
S/o Sh. Harbhagwan Hans,
R/o F7 / 75, Sector 15,
Rohini, Delhi.
Offence complained of : 476 IPC
Plea of the accused : Pleaded not guilty
Date of Judgment : 25.01.2024
Final order : CONVICTION
JUDGMENT
CASE OF THE PROSECUTION :
1. The story of the prosecution, in brief, is that computer device (harddisk) was recovered from possession of accused and on scrutiny numerous images of voter ID cards purportedly issued by Election Commission of India were found stored which upon due verification were found to be fake and fabricated and thereby possessed counterfeit marked material and committed an offence punishable u/s 476 IPC.
STATE VS. ASHISH HANS FIR NO. 222 / 2013 PS TIMARPUR PAGE NO. 1 / 10 APOORV Digitally signed by APOORV GUPTA GUPTA Date: 2024.01.25 15:14:19 +0530 COURT PROCEEDINGS:
2. Upon completion of investigation, police report under Section 173 Cr.P.C was filed. The copy of the police report and annexed documents were supplied to the accused in due compliance of Section 207 Cr.P.C.
CHARGE:
3. After supplying copies of documents u/s 207 Cr.P.C, arguments on charge were heard. Vide order of charge dated 08.02.2021 sufficient material was found for framing charge u/s 476 IPC and formal charge u/s 476 IPC was framed against to which he pleaded not guilty and claimed trial. Order of charge dated 08.02.2021 was challenged by filing revision petition which was dismissed by Sh.
Dharmender Rana, Ld. ASJ vide order dated 01.05.2023.
EVIDENCE OF THE PROSECUTION:
4. In order to substantiate its case, the prosecution has examined three witnesses.
5. PW1 Inspector Rakesh Kumar has deposed that accused Ashish Hans prepared a false election card by using the computer in the name of Yogita Katwani.
The computer of accused was seized. The said computer was sent to the FSL but as per the FSL report, the said election card was not found in the computer and accused Ashish Hans told that he had deleted the said election card. 42 other ID cards were also found in the computer. Copy of the chargesheet and supplementary chargesheet of the FIR no. 380/06 are Mark X. STATE VS. ASHISH HANS FIR NO. 222 / 2013 PS TIMARPUR PAGE NO. 2 / 10 Digitally signed by APOORV APOORV GUPTA GUPTA Date: 2024.01.25 15:14:24 +0530
6. PW2 Vijay Kumar has deposed that he was the election officer from 2010 to 2016 at Office of Chief Electoral Officer, Kashmere Gate, Delhi. He received the request letter from the police department regarding providing the details of certain EPICs and he verified the said EPICs and five of them were found to exist in the name of certain persons. He provided report regarding the same along with print out of the EPICs existed in the Electoral Management System (ERMS) to the police. The report along with said print outs are Ex. PW2/A.
7. PW3 Inspector Ganpati Maharaj has deposed that on 14.09.2013, FIR in the present case was registered on the directions of Sh. Gagandeep Singh, Ld. MM. After registration of the FIR, the investigation of the present case was marked to him. He collected and placed on file the copy of court orders, chargesheet, supplementary chargesheet and FSL report of case FIR no. 380/2006. During the course of the investigation, he submitted a letter to the Chief Electoral Officer, St. Stephens College Building, Kashmere Gate, Delhi, regarding the voted ID details as mentioned in the FSL report. The said letter is Ex. PW3/A. The report from the Office of Chief Electoral Officer was collected. After analysis of the said report Ex. PW2/A it was found that some of the voterids did not exist and other voterid cards which were retrieved from the hard disk of the accused Ashish Hans by the FSL were found to be fake. During the course of the investigation, accused Ashish Hans was interrogated and he disclosed that he used to make the forged voterid cards on the request of his coassociate Vijay Mata. The interrogation report is Ex. PW3/B and disclosure statement of the accused is Ex. PW3/C. Accused was bound down vide pabandinama Ex. PW3/D. After completing the formalities he filed the chargesheet.
STATE VS. ASHISH HANS FIR NO. 222 / 2013 PS TIMARPUR PAGE NO. 3 / 10
Digitally signed by
APOORV APOORV GUPTA
GUPTA Date: 2024.01.25
15:14:29 +0530
ADMISSION/DENIAL OF DOCUMENTS :
8. Accused, in his statement under Section 294 Cr.P.C. did not dispute the genuineness and correctness of FIR No. 222/2013 Ex. AD1, endorsement on rukka Ex. AD2, certficate u/s 65B Indian Evidence Act Ex. AD3, order dated 28.09.2010 passed by Sh. C.K. Chaturvedi, the then District JudgeIIcumASJ North, THC Ex. AD4, order dated 05.02.2011 passed by Sh. Gagandeep Singh, the then Ld. MM Ex. AD5 and the report of the government examiner Ex. AD6. In view thereof, evidence of witnesses namely DO/HC Bishan Lal, Ahlmad/concerned officer with order dated 28.09.2010, Ahlmad/concerned officer with order dated 05.02.2011 and Sh. M. Krishna (Govt. Examiner) was dispensed with.
STATEMENT / DEFENCE OF THE ACCUSED :
9. After conclusion of this evidence, the prosecution evidence was closed and the statement of the accused under Section 313 Cr.P.C. was recorded where he admitted that:
(I) On 14.09.2013 FIR Ex.AD1 was registered on the directions of Sh. Gagandeep Singh, the then Ld. MM. (II) PW3 Inspector Ganpati Maharaj collected and placed on file copy of court orders, chargesheet, supplementary charge sheet and FSL report of FIR No.380/06.
(III) He was arrayed as accused in FIR No.380/06, PS Timarpur.
(iv) He stated that he had purchased second hand computer and certain documents were already stored in it of which he came to know lateron. He has been falsely roped in this case. He preferred not to lead any evidence in his defence.
STATE VS. ASHISH HANS FIR NO. 222 / 2013 PS TIMARPUR PAGE NO. 4 / 10 Digitally signed by APOORV APOORV GUPTA GUPTA Date: 2024.01.25 15:14:34 +0530
10. I have heard Sh. Deepak, Ld. APP for State and Sh. Pradeep Mahajan, Ld. Counsel for accused and have perused the material on record.
ANALYSIS AND FINDINGS:
11. Before adverting to the case in hand, it will be in fitness of things to narrate the circumstances leading to the registration of present FIR.
12. One Yogita Khatwani got prepared a forged identity card and using that card she got transferred a car in her name. Using that car she entered the house of the then Prime Minister Sh. Manmohan Singh claiming to be his niece. An FIR was lodged against Yogita for this indiscretion. During investigation of that FIR, the ownership documents of car produced by her were found to be forged. In those documents was one identity card purportedly issued by Election Commission of India in her name but having photograph of another woman. The persons involved in preparation of these documents were questioned. One Vijay Kumar Matta to whom money was given for transfer of vehicle disclosed that he gave work to Anil Kaushik. As per Anil Kaushik, the voter ID card was made by Ashish Hans i.e. present accused. As such, Ld. MM ordered framing of charge u/s 476 IPC against accused Ashish Hans.
13. Feeling aggrieved, Ashish Hans preferred a revision by filing CR No. 89/2010. Sh. C.K.Chaturvedi, Ld. Distt. JudgeII cum ASJ vide order dated 28.09.2010 disposed off the revision petition by observing that ingredients of S. 476 IPC appears to be attracted in the case by recovery of computer from possession of Ashish Hans in which number of voter ID cards issued by Election Commission of STATE VS. ASHISH HANS FIR NO. 222 / 2013 PS TIMARPUR PAGE NO. 5 / 10 APOORV Digitally signed by APOORV GUPTA GUPTA Date: 2024.01.25 15:14:39 +0530 India have been preserved. This needs investigation u/s 173(8) Cr.P.C. As such, Ld. MM was directed to consider this aspect by ordering investigation u/s 173 (8) Cr.P.C by registration of a separate FIR for this offence against accused Ashish Hans.
14. Pursuant thereto, vide order dated 05.02.2011, Sh. Gagandeep Singh, Ld. MM ordered registration of FIR. Thereafter, present FIR No. 222/2013 was registered.
15. Vide order dated 08.02.2021, Sh. Anurag Thakur, Ld. MM ordered famingof charge u/s 476 IPC. Revision petition preferred against that order was dismissed by Sh. Dharmender Rana, Ld. ASJ vide order dated 01.05.2023.
16. The allegations against the accused are that a computer device (hard disk) was recovered from his possession and on its scrutiny numerous images of voter ID cards purportedly issued by Election Commission of India were found stored which upon due verification from concerned office were found to be fake and fabricated. The Election Commission of India has issued the Voter ID Cards with the same number as discovered from his hard disk to persons other than those whose name, father's name, address, and photographs appeared in the images as stored in his hard disk.
17. Before adverting to the facts of the case, it would be appropriate to reproduce herein Section 30 of IPC, Section 475 of IPC and 476 of IPC.
Section 30 : "Valuable Security" The words "valuable security" denote a document which is, or purports to be, a document whereby any legal right is created, extended, STATE VS. ASHISH HANS FIR NO. 222 / 2013 PS TIMARPUR PAGE NO. 6 / 10 Digitally signed by APOORV APOORV GUPTA GUPTA Date: 2024.01.25 15:14:44 +0530 transferred, restricted, extinguished or released, or where by any person acknowledges that he lies under legal liability, or has not a certain legal right."
Section 475 IPC : Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material "Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document described in Section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to be fine."
Section 476 IPC : Counterfeiting device or mark used for authenticating documents other than those described in Section 467, or possessing counterfeit marked material "Whoever counterfeits upon, or in the substance of any material, any device or mark used for the purpose of authenticating (any document or electronic record) other than the documents described in Section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the STATE VS. ASHISH HANS FIR NO. 222 / 2013 PS TIMARPUR PAGE NO. 7 / 10 Digitally signed by APOORV APOORV GUPTA GUPTA Date: 2024.01.25 15:14:48 +0530 appearance of authenticity to (any document or electronic record) then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."
18. Perusal of Section 30 would reveal that voter Id card is a valuable security whereby the legal right to vote is recognized.
19. Perusal of Section 475 of IPC would further reveal that the offence made punishable under Section 475 of IPC would fall under either of the following two parts comprising of the following ingredients: (I) Ingredients of the first part :
a) The accused counterfeited a device or mark upon, or in the substance of, any material;
b) Such device or mark was used for the purpose of authenticating any document described in Section 467 of IPC;
c) The accused intended to use it for giving the appearance of authenticity to such document; and
d) Such document was then forged or was thereafter to be forged.
(II) Ingredients of the Second part :
a) The accused was in possession of the document described in Section 467 IPC;
STATE VS. ASHISH HANS FIR NO. 222 / 2013 PS TIMARPUR PAGE NO. 8 / 10
APOORV Digitally signed by
APOORV GUPTA
GUPTA Date: 2024.01.25
15:14:53 +0530
b) The device or mark has been counterfeited on such document;
c) The device or mark was such as was used for the purpose of authenticating a document described in Section 467 IPC; and
d) The accused intended that the device or mark should be used for the purpose of giving the appearance of authenticity to any document either then forged or thereafter to be forged.
20. There is no evidence to the effect that the accused counterfeited the seal/logo of the Election Commission of India or the National Emblem therefore, the act of the accused would not lie under the first part of Section 475 IPC. However, all the necessary ingredients of the second part of the offence under Section 475 IPC are satisfied in the case at hand.
21. In my considered opinion, it is not the possession of the counterfeit device or mark that is punishable under Section 475 of IPC rather it is the possession of the document upon which such counterfeit mark/device has been used which is indictable under second part of Section 475 of IPC. Since, forged voter Id Card bearing counterfeit seal /logo of Election Commission of India alongwith counterfeit National Emblem was recovered from the possession of the accused/revisionist, it cannot be contended that no case under Section 475 IPC is made out against revisionist/accused
22. As per report of Computer Forensic Division of Govt. Examiner of Questioned Documents Ex. AD6 accused has been found in possession of computer whose hard disk contains the numerous voter ID cards.
STATE VS. ASHISH HANS FIR NO. 222 / 2013 PS TIMARPUR PAGE NO. 9 / 10 APOORV Digitally signed by APOORV GUPTA GUPTA Date: 2024.01.25 15:14:58 +0530
23. Further, in the request letter to Chief electoral Officer Ex. PW3/A, PW 3 asked about the details of 12 voter ID Cards which were recovered from the hard disk of the computer of the accused. The report of Office of Chief Electoral Officer Ex. PW2/A shows that 5 Voter ID Cards bears different name, father's name, address than what appear in Voter ID cards with same Voter ID Card number, recovered from hard disk found in computer in possession of the accused. PW2 Vijay Kumar has stated in his examinationinchief that he has verified the EPICs of said Voter ID Cards which was found in the computer database of this office.
24. Result of aforesaid discussion is that, it stands proved that it was the accused who was found in possession images of 5 voter ID cards which are found to be fake and fabricated. Thus, he has been found in the possession of counterfeit marked material and as such offence under section 476 IPC IPC stands proved.
25. Accused is accordingly held guilty and convicted for commission of offences punishable under Section 476 IPC.
APOORV Digitally signed by
APOORV GUPTA
GUPTA Date: 2024.01.25
15:15:03 +0530
ANNOUNCED IN OPEN COURT (Apoorv Gupta)
ON 25th JANUARY, 2024 MM02, Central District
Tis Hazari Courts/25.01.2024
This judgment consists of 10 pages and each page of this judgment is digitally signed by me.
APOORV Digitally signed by
APOORV GUPTA
GUPTA Date: 2024.01.25
(Apoorv15:15:06
Gupta) +0530
MM02, Central District
Tis Hazari Courts/25.01.2024
STATE VS. ASHISH HANS FIR NO. 222 / 2013 PS TIMARPUR PAGE NO. 10 / 10