Delhi District Court
State vs . on 10 December, 2010
IN THE COURT OF SH. VIRENDER KUMAR GOYAL
ADDL SESSIONS JUDGE: FAST TRACK COURT
ROHINI:DELHI
SC No. 111/1
Unique Identification No. 02404R0042002006
State Vs.
1) Rishi Raj
Son of Om Prakash
R/o Village- Khanda,
PS Kharkhoda,
District- Sonepat (Haryana)
...................... Since proclaimed offender
2) Girdhari @ Ranbir Kushwah
Son of Dharam Dev
R/o Village Chairipura
PS Siwan, District-Siwan (Bihar)
FIR No. 96/2002
PS- Uttam Nagar
U/s. 489A, B, C, D/34 IPC
Date of institution of the case: 23/05/02
Arguments heard on:07/12/10
Date of reservation of order: 07/12/10
Date of Decision: 10/12/10
JUDGMENT
This case was registered on a ruqqa given by ASI Anil Tyagi of Special Cell, Lodhi Colony, Delhi, U/s. 489B and 489C/34 of IPC. Fake currency notes were recovered from both the accused persons. Thereafter, house of accused Rishi Raj (since proclaimed offender) was also searched and some more fake currency notes, one printer copy scanner of HP, printing paper, measuring scale, cutter, scissor, cartridges etc. were recovered. These were taken into possession. Scooter SC No.111/1 1/16 No. DIV-5587 was also taken into possession, on which, according to the case of the prosecution, accused persons were apprehended, when the deal was struck. Disclosure statements and supplementary disclosure statements of both the accused were recorded. Their personal search were conducted. The fake currency notes were sent to Government Printing Press, Nasik. Report was obtained. According to the report, the currency notes were fake.
On completion of investigation, charge-sheet was filed U/s. 489A, B, C, D/34 of IPC.
Case was committed to the Court of Session on 21/06/2002 and was received by the Court of Session on 04/07/2002.
Charge U/s. 489B/34 of IPC was framed against both the accused i.e. Rishi Raj and Girdhari Lal on 30/07/2002 to which they pleaded not guilty and claimed trial. Again, additional charge was framed U/s. 489D of IPC against both the accused to which they pleaded not guilty and claimed trial.
Accused Girdhari Lal was also declared proclaimed offender during trial vide order dated 06/04/2004, but was taken into custody in this case on 14/11/2005. On the request of learned Addl. PP, PW9 and PW13 were re-examined on the point of identity of accused Girdhari Lal vide order dated 18/02/2009 and PW4 was also recalled for further examination on additional charge of Section 489D of IPC.
During proceedings, accused Rishi Raj was declared proclaimed offender on 13/09/2010.
To prove its case, prosecution has examined PW1 to PW13 in all. Statement of accused Girdhari Lal was recorded. Accused has denied the case of the prosecution. He has submitted that he has been falsely implicated in the present case. Nothing incriminating was recovered from his possession or at his instance as alleged. He was forcibly removed from his house at Vikas Vihar on 22/02/2002 and kept in wrongful confinement at the Office of Speciall Cell and later on implicated in the present case. He was not accompanying Rishi Raj as alleged on SC No.111/1 2/16 the said date and time.
I have heard Ld. Addl. PP for State and learned Amicus Curiae Sh. Aseem Bhardwaj for accused Girdhari Lal and have gone through the material placed on record with evidence adduced.
IO of the case, who has given ruqqa, i.e. ASI Anil Tyagi has been examined by the prosecution as PW11. He has stated that on 23/02/2002, he was posted in Special Cell, Lodhi Colony. On that day, Inspector Mohan Chand Sharma received a secret information through Military Intelligence that some boys were indulged in the printing and circulation of fake currency notes in the area of Mohan Garden, Uttam Nagar. Secret informer also informed Inspector Mohan Chand Sharma that Rishi Raj and Girdhari Lal were involved in the printing of fake currency notes at Uttam Nagar. Secret informer also informed that he has scheduled a meeting at T-Point, Gurudwara Road, Uttam Nagar, with Rishi Raj and Girdhari Lal.
PW11 ASI Anil Tyagi has further stated that Inspector Mohan Chand Sharma organized a raiding party comprising of himself, SI Hriday Bhushan, SI Govind Sharma, SI Sharad Kohli, ASI Rishi Pal, ASI Vikram and Constable Rakesh, alongwith other police staff. They reached at Uttam Nagar Bus Terminal at about 12.00 .m. Inspector Mohan Chand Sharma briefed the staff at Uttam Nagar Bus Terminal and deputed SI Sharad Kohli as decoy customer. The staff took position nearby T-Point, Gurudwara Road, Mohan Garden. At about 1.00 p.m., two boys came there and after discussion with the secret informer and SI Sharad Kohli went back.
PW11 ASI Anil Tyagi has further stated that thereafter they went 2-3 kilometers away at Dwarka Mode. SI Sharad Kohli informed that it has been settled that boys boys will pay Rs. One lac fake printed currency notes against genuine currency notes of Rs. 40,000/-. PW11 ASI Anil Tyagi requested 15/20 passersby to join the raiding party, but they refused. They again came back at the spot i.e. at T Point, Gurudwara Road, and took position. At about 5.30 p.m., two boys came SC No.111/1 3/16 there on a two wheeler scooter No. DIV-5587. They made conversation with decoy customer SI Sharad Kohli and secret informer. One boy, who was sitting on the pillion seat of the scooter, gave a black colour polythene bag to the boy, who was on the driving seat. The boy, who was on driving seat, gave Rs. One lac fake currency notes to SI Sharad Kohli and SI Sharad Kohli showed genuine currency notes of Rs. 40,000/-, which were in a small briefcase and then gave signal by touching his head.
PW11 ASI Anil Tyagi has further stated that he alongwith ASI Rishi Pal immediately reached there and apprehended accused Rishi Raj. Accused Girdhari Lal was apprehended by other staff. The black colour polythene bag was also seized from accused Rishi Raj. On checking, ten packets of fake currency notes of Rs. 100/- each were found. Out of them, eight packets were having common serial number. In 9th packet, there were 86 fake currency notes of same series and 14 currency notes were having different serial numbers. In the 10th packet, there were 87 fake currency notes of the same series and remaining 13 fake currency notes were of different serial number. These were kept in the same black colour polythene bag and were sealed in a cloth pullanda with the seal of "AK". It was seized vide memo Ex. PW9/A. Seal after use was given to SI Sharad Kohli.
PW11 ASI Anil Tyagi has further stated that he got prepared ruqqa Ex. PW11/A from SI Sharad Kolhi and send the same to the PS through ASI Rishi Pal for registration of the case. ASI Rishi Pal got registered the case and came back at the spot. He handed over copy of FIR and ruqqa to ASI Bhoop Singh, who also reached at the spot in the meanwhile and took over the investigation of the case. .
PW11 ASI Anil Tyagi has identified the fake currency notes of Rs. One lac, out of Rs. 1,46,100/-, which were produced before the court, as the same which were seized vide memo Ex. PW9/A and currency notes are collectively exhibited as Ex. P2. PW11 ASI Anil Tyagi has further stated that site plan was also prepared by ASI Bhoop Singh at his instance.
PW9 ASI Rishi Pal Singh has also deposed the same facts as of PW11 ASI Anil Tyagi regarding recovery of fake currency notes of Rs. One lac from both SC No.111/1 4/16 the accused persons. PW9 has also deposed that he got registered the case from PS and came back at the spot. He handed over copy of FIR and ruqqa to ASI Bhoop Singh.
PW12 is SI Sharad Kohli. He has also deposed the same facts as of PW11 ASI Anil Tyagi and has further deposed that he was appointed as decoy customer and was sent alongwith the secret informer at T-Point, Gurudwara, Uttam Nagar, for finalizing a deal with the said two criminals. He reached at the pointed spot with secret informer at T-Point, Gurudwara, Uttam Nagar. At about 1.00 p.m. , two boys came on two wheeler scooter make Bajaj bearing registration No. DIV- 5587 having green colour. Accused Rishi Raj was driving the said scooter and accused Girdhari Lal was sitting on the pillion seat. They struck a deal with the accused persons that they will supply fake currency notes of Rs. One lac in the denomination of Rs. 100/- each against genuine currency notes of Rs. 40,000/- and it is further revealed that the accused persons will supply the fake currency notes at about 5.00 p.m. in the second meeting.
PW12 has further stated that then he alongwith informer came back and reported about the same to Inspector Mohan Chand Sharma. They came at Dwarka Mode, where Inspector Mohan Chand Sharma and ASI Anil Tyagi requested some 15/20 persons to join the raiding party, but they refused. Inspector Mohan Chand Sharma gave genuine currency notes of Rs. 40,000/- in a small brief case. Thereafter, he alongwith the secret informer again reached at T Point, Gurudwara Road, Uttam Nagar, with those currency notes. Rest of the team took position at some distance from the spot. At about 5.30 p.m., both the accused came on the same two wheeler Scooter. Accused Rishi Raj was driving the scooter. Accused Girdhari Lal was sitting on pillion seat. Accused Girdhari Lal handed over a black colour polythene bag to accused Rishi Raj. Accused asked him to show cash. Accordingly, PW12 SI Sharad Kohli had shown them the currency notes of Rs. 40,000/- by opening the briefcase. Accused Rishi Raj had also shown fake currency notes lying in the black colour polythene bag. Then, PW12 SI Sharad Kohli gave SC No.111/1 5/16 signal to the police party by touching his hand on his head. Members of the raiding party overpowered both the accused.
PW12 SI Sharad Kohili has also deposed the same facts as of PW11 ASI Anil Tyagi regarding seizure of black colour polythene in a cloth pullanda, which was sealed with the seal of "AK". Seal after use was handed over to him. Pullanda was seized vide memo Ex. PW9/A. PW11 ASI Anil Tyagi got prepared a ruqqa in his handwriting and send the ruqqa to PS through ASI Rishi Pal. ASI Bhoop Singh came at the spot and took over further investigation of the case. ASI Rishi Pal came back at the spot and handed over copy of FIR and ruqqa to ASI Bhoop Singh. Both the accused were arrested and their personal search were conducted vide memos Ex. PW12/A and Ex. PW12/B. Scooter was also seized vide memo Ex. PW12/E. Learned Amicus Curiae has contended that PW9 ASI Rishi Pal, PW11 ASI Anil Tyagi and PW12 SI Sharad Kohli have contradicted each other in respect of certain facts, which are material and hence witnesses cannot be believed in any manner. Learned Amicus Curiae has further contended that according to PW11 ASI Anil Tyagi, when he was reexamined against accused Girdhari Lal on 25/02/2010, SI Shard Kohli had shown Rs. 40,000/- genuine currency notes, which were in a small briefcase. PW12 SI Sharad Kohli has also stated that Inspector Mohan Chand Sharma gave genuine currency notes of Rs. 40,000/- in a small briefcase. Learned Amicus Curiae has further contended that no seizure memo of these genuine currency notes of Rs. 40,000/- has been prepared in any manner. No handing over memo has been prepared in this respect. In fact, these genuine currency notes of Rs. 40,000/- has never been produced before the court at any time. Learned Amicus Curiae has further contended that even this fact is not appearing in the ruqqa that Inspector Mohan Chand Sharma had given Rs. 40,000/- genuine currency notes in a small briefcase to decoy customer PW12 SI Sharad Kohli to struck a deal. Learned Amicus Curiae has further contended that this part of depositions of PW11 ASI Anil Tyagi and PW12 SI Sharad Kohli is entirely missing from the ruqqa. Learned Amicus Curiae has further contended that it is not known from where genuine SC No.111/1 6/16 currency notes of Rs. 40,000/- were obtained by Inspector Mohan Chand Sharma.
Learned Amicus Curiae has further contended that PW12 SI Sharad Kohli has admitted in his cross examination dated 25/02/2010 that Inspector Mohan Chand Sharma had carried genuine currency notes in the sum of Rs. 40,000/-, when they left the PS. Learned Amicus Curiae has further contended that according to the case of the prosecution, firstly, the deal was struck with the informer and decoy customer for handing over fake currency notes of Rs. One lac against the genuine currency notes of Rs. 40,000/- at about 1.00 pm in day time and according to the cross of PW12 SI Sharad Kohli, Inspector Mohan Chand Sharma had already carried with him Rs. 40,000/- genuine currency notes, when they left the PS, which shows that depositions of the PWs regarding the deal, as deposed by PW12 SI Sharad Kohli that at about 1.00 p.m., both accused came on a two wheeler scooter No. DIV-5587 and he talked with the accused persons and deal was struck with them that they will supply him currency notes of Rs. One lac against genuine currency notes of Rs. 40,000/-, is a false and concocted story. Learned Amicus Curiae has further contended that if it was so, then after striking of the deal, the police party was required to arrange for Rs. 40,000/- genuine currency notes for delivery against fake currency notes of Rs. One lac at about 5.00 p.m. by the accused persons for second meeting.
Learned Amicus Curiae has further contended that fake currency notes, as deposed by the witnesses, were seized in a black colour polythene, but no case particulars have been mentioned on th e same or on the pullanda. So, it cannot be said that these currency notes were recovered from the accused persons and were seized at the spot, as deposed by the witnesses, after the recovery. Non-mentioning of the case particulars on the pullanda creates doubt that fake currency notes have been planted upon the accused persons. Learned Amicus Curiae has further contended that no identification mark was made on the genuine currency notes of Rs. 40,000/- neither these have been seized in this case nor produced as case property, which also creates doubt on the trustworthiness of the witnesses in this SC No.111/1 7/16 respect.
Learned Amicus Curiae has further contended that deal was struck in a crowded area. Even then, there is no public witness to the proceedings, which also creates doubt about the depositions of the witnesses. It is not the case of the prosecution that no public person was available at the spot. PW12 SI Sharad Kohli has admitted that genuine currency notes of Rs. 40,000/- were not seized by the IO.
Learned Amicus Curiae has further contended that arrest memos of the accused persons have not been prepared in this case. So, it cannot be said that accused persons were arrested in this case and at what time and from which place. Learned Amicus Curiae has further contended that only personal search memos of accused persons have been prepared with disclosure statements, which are of no consequences, without arrest of the accused persons.
On the other hand, learned Addl. PP has contended that PW5 Tejwant Singh has been examined regarding ownership of scooter No. DIV-5587. He has deposed that scooter No. DIV-5587 make Bajaj Chetak, in the year 1985, was sold to accused Girdhari Lal through the Chowkidar of Samaj Kalyan Apartments. He had executed the transfer documents.
Learned Amicus Curiae has contended that PW5 Tejwant Singh has not identified accused Girdhari Lal before the Court as the same person to whom he had sold the scooter. Learned Amicus Curiae has further contended that RC of the scooter has not been brought on record. So, it cannot be said that PW5 Tejwant Singh was previous owner and it was sold to accused Girdhari Lal. No document of sale has been brought on record. So, the prosecution has not been able to prove that scooter No. DIV-5587 was in the name of PW5 Tejwant Singh, who sold the same to accused Girdhari Lal. The prosecution has also not been able to prove the identity of accused as the same person to whom the scooter was sold by PW5 Tejwant Singh. The prosecution has not been able to brought any evidence on record that scooter No. DIV-5587 was previously in the name of PW5 Tejwant Singh and later on it was transferred in the name of accused Girdhari Lal. No such document or SC No.111/1 8/16 RC has been brought on record or proved by the prosecution in any manner.
According to the depositions of the witnesses, after the arrest of the accused persons, the police party went to their house at L-11, First Floor, Rama Park, Mohan Garden, Uttam Nagar, Delhi. It was found locked. It was opened with a key, which was recovered in the personal search of accused Rishi Raj. In one room, one printer scanner copier and 461 fake currency notes in the denomination of Rs. 100/- each were recovered. 14 ink cartridges, two printing paper rims, one measuring scale of steel, one paper cutter and one scissor were also recovered and were taken into possession vide memo Ex. PW9/B. Pullandas were prepared and were sealed with the seal of "AK".
PW9 ASI Rishi Pal Singh has identified the total fake currency notes of Rs. 1,46,100/- as Ex. P2 i.e. one lac recovered from the spot and Rs. 46100/- recovered from the house of accused persons. PW9 has also identified printing paper rims as Ex.P3, 14 ink cartridges as Ex. P4, paper scrap in the size of currency notes of Rs. 100/- as Ex. P5, scissor as Ex. P6, Scale as Ex. P7, paper cutter as Ex. Pu8, lead of HP Printer scanner copier as Ex. P9 and two wheeler scooter as Ex. P10. Thereafter, the police party alongwith the accused persons went to PS Uttam Nagar. Case property was deposited in the malkhana of PS Uttam Nagar. Police party also went to the Special Cell alongwith the accused persons.
PW11 ASI Anil Tyagi has not deposed anything about the recovery made from the house of accused persons. PW12 SI Sharad Kohli has also deposed the same facts as of PW9 ASI Rishi Pal regarding the recovery of aforesaid articles and he has also identified these articles alongwith two wheeler scooter before the court.
PW13 ASI Bhoop Singh, on 23/02/2002, was also posted in Special Cell, Lodhi Colony. On that day, duty officer asked him to reach at T-Point, Gurudwara Road, Mohan Garden, Uttam Nagar, Delhi. He reached there at about 7.30 p.m. He found there police party headed by Inspector Mohan Chand Sharma. PW11 ASI Anil Tyagi produced both the accused and handed over the ruqqa and sealed parcel SC No.111/1 9/16 sealed with the seal of "AK". He prepared site plan Ex. PW13/A at the instance of PW11 ASI Anil Tyagi. Two wheeler scooter No. DIV-5587 was also produced by PW11 ASI Anil Tyagi, which was seized vide memo Ex. PW12/E. Both the accused were arrested and their personal search were conducted vide memos Ex. PW12/A and Ex.PW12 /B. PW13 ASI Bhoop Singh has further deposed that both the accused made disclosure statements Ex.PW12/C and Ex. PW12/D. PW9 ASI Rishi Pal came at the spot and handed over copy of FIR to him. He recorded his statement.
In pursuance of their disclosure statements, both the accused led the police party to H.No. L-11, Ist Floor, Rama Park, Mohan Garden, Uttam Nagar, Delhi. On checking, 461 forged currency notes of Rs. 100/- in denomination in a black colour polythene were recovered. One printer scanner with lead, one scissor type cutter, one steel scale, 14 ink cartridges and cut pieces of papers of the size of currency notes of Rs. 100/- in denomination in a black polythene alongwith two paper rim were also recovered. These were sealed in separate pullandas with the seal of "AK" and were seized vide memos Ex. PW13/B and Ex. PW13 /C. Both the accused were removed to PS Uttam Nagar and case property was deposited there.
PW13 ASI Bhoop Singh has further deposed that he obtained police custody of both the accused. They took the police party to Karnal for recovery of fake currency notes, but no recovery could be made. Then accused persons took them to the shop of one Swatantra Shahi, from where, they had purchased the computer printer and ink cartridges. Duplicate bill issued by Swatantra Shahi is Ex. PW13/D. He got sent the fake currency notes for examination at Nasik. On completion of investigation, he filed the charge-sheet. PW13 has also identified the case property recovered from the house of the accused persons.
Learned Amicus Curiae has contended that PW9 ASI Rishi Pal has admitted that no identification of case particulars were made on the recovered currency notes. No slip of case particulars was pasted on the printer copier scanner. Similarly, no case particulars were mentioned on the scissor, cutter, scale, lead etc. SC No.111/1 10/16 Even no case particulars were mentioned on the polythene bag, in which, currency notes were seized from the house of the accused persons.
Learned Amicus Curiae has further contended that PW9 ASI Rishi Pal has admitted further in the cross examination dated 02/06/2009 that no list of articles alleged to have been seized from the house of accused persons was prepared and no copy was handed over to the accused persons. Learned Amicus Curiae has further contended that again no public person has joined the proceedings regarding the search of the house nor PW9 ASI Rishi Pal has stated that they had called the landlord of the room or anybody from his family to join the proceedings. PW9 has voluntarily stated that landlord was not residing there.
Learned Amicus Curiae has further contended that PW12 SI Sharad Kohli has stated that he does not remember whether IO had taken into possession any documentary proof pertaining to H.No. L-11, Rama Park. PW12 SI Sharad Kohli has further stated that articles were seized from the first floor and has further stated that they left the spot finally at about 10.30/11 p.m. PW13 ASI Bhoop Singh has stated in the cross examination that ground floor of H.No. L-11 was inhabited by the landlord of the house. He did not call landlord of the house to join the proceedings. The landlord was not present there when they reached there. He had not called any family member of the landlord to join the proceedings as they had gone out of station.
Learned Amicus Curiae has further contended that PW9 ASI Rishi Pal and PW13 ASI Bhoop Singh have contradicted each other in this respect. PW9 ASI Rishi Pal has stated that landlord was not residing there, whereas PW13 ASI Bhoop Singh has stated that landlord was residing at ground floor, but was out of station at that time. It also creates doubt as to whether any recovery, as deposed by the witnesses, was effected on the pointing of accused persons from their room.
On the other hand, learned Addl. PP has contended that to prove the fact of ownership of the house No. L-11, Rama Park, Mohan Garden, Uttam Nagar, Delhi, prosecution has examined PW1Ramesh Chand Sharma, who has stated that SC No.111/1 11/16 he is registered owner of H.No. L-11, Mohan Garden, Uttam Nagar. He had rented out the said house to three accused persons present in the court on 28/12/2001 at a monthly rent of Rs. 1000/-. He does not know what they were doing. The house was rented out through Brijesh Dhingra property dealer.
Learned Amicus Curiae has contended that PW1 Ramesh Chand Sharma has been able to depose only fact that H.No. L-11 was rented out to the accused persons at a monthly rent of Rs. 1000/- on 28/12/2001 and nothing else. It has not been deposed by PW1 as to whether he was residing in the said house or on the day of raid, whether he was available in the house or was out of station. So, there is no corroboration in this respect in any manner and still as both PW9 ASI Rishi Pal and PW13 ASI Bhool Singh have contradicted each other in this respect. So, they cannot be relied upon in any manner.
Regarding the recovery of HP Printer Scanner, PW13 ASI Bhoop Singh has stated that accused persons led the police party to the shop of one Swatantra Shahi, who has been examined as PW4. He has stated that on 07/12/2001, he was working as Marketing Executive at Shop No. 102, Bajaj House, 97, Nehru Place. On that day, accused Rishi Raj, who disclosed his name as Suresh Kumar at that time, with other associates i.e. accused Girdhari Lal came and accused Rishi Raj purchased HP Office Jet G-55 Printer vide Bill No. 118 dated 07/12/2001 for a sum of Rs. 33,600/- and ink cartridge No. 78D N45 against cash payment. Thereafter, bills were prepared by one of the employee Chander Mohan. He has identified his signatures on Ex. PW4/A and Ex.PW4/B at point A respectively. PW4 has further stated that on 27/02/2000, accused Rishi Raj was brought to his shop and he identified him as the same person, who has purchased the duplicate machine. PW4 has also identified one unsealed duplicate machine as Ex.P1, which was sold to accused Rishi Raj.
Learned Amicus Curiae has contended that in Ex. PW9/B, the details of printer scanner has been mentioned as Hewlett packed Modal Office Jet 55 alongwith one lead No. 5GG19 EODHX, but the same is not mentioned in the SC No.111/1 12/16 duplicate bill Ex.PW13/D. Learned Amicus Curiae has further contended that bills Ex. PW4/A and Ex. PW4/B were neither seized from the possession of the accused persons nor were recovered from their house as there is no seizure memo of both these documents on record, then how, these came on record in the name of one Suresh Kumar, showing the same number of the printer as mentioned in Ex. PW9/B alongwith bill of ink cartridges. Learned Amicus Curiae has further contended that PW4 has nowhere stated that he had produced these bills during the examination from his record. These bills are original and are not duplicate. So, these could not have been in possession of PW4 in any manner. None of the witness has stated that two bills of printer scanner and ink cartridges were also recovered from the possession of the accused persons or from their house during the raid conducted, as deposed by them. So, these bills are fabricated and PW4 Swatantra Sahi is a planted witness. So, witnesses cannot be relied upon in this respect.
PW3 HC Virender Singh has corrborated the facts with the witnesses and has deposed that on 23/02/2002, he was working as Malkhana Mohrar. Case property of this case was deposited with him by ASI Anil Tyagi. On 22/05/2002, while he was working as MHC(M), one sealed parcel containing currency notes, was deposited with him. He made entry to this effect vide Ex. PW3/A. PW10 HC Satyapal was also working as MHC(M). He has deposed that on 23/02/2002, PW11 ASI Anil Tyagi deposited five pullandas alongwith one printer, another parcel containing knife and other case property sealed with the seal of "AK" in the malkhana. He made entry in this respect in register No. 19 at serial No. 1923, copy of which is Ex. PW10/A. PW10 has also produced the copy of RC Ex.PW10/B i.e. 422/21, vide which two sealed pullandas were sent to Nasik through SI Rakesh on 11/03/2002. Case property was received back with the result on 22/05/2002.
PW7 SI Rakesh Malik has further corroborated and has further stated that on 11/03/2002, he had taken two sealed parcels sealed with the seal of "AK"
SC No.111/1 13/16containing fake currency notes from MHC(M) vide RC No. 422/21 and deposited the same at Currency Press Nasik for opinion on 13/03/2002.
PW8 Constable Manoj Kumar has further corroborated and has deposed that on 19/05/2002, he took the authority letter to Nasik, Maharashtra and obtained result of the case property. He came back with one sealed pullanda alongwith two sample sealed envelope and deposited the same in the malkhana.
The currency notes were examined at Nasik and the report has been proved by PW6 Sh. R.P. Kulkarni, Deputy Works Manager. He has deposed that on 16/05/2002, he examined 292 currency notes of Rs. 100/- denomination. These were found fake. He has given his detailed report Ex.PW6/A. He also examined 1169 currency notes of Rs. 100/- denomination. These were also found fake. He gave his report Ex. PW6/B. In view of the above discussion, the contradictions as pointed out by Ld Amicus Curiae are material and goes to the root of the case. The prosecution, has not been able to prove that Inspector Mohan Chand Sharma was having Rs.40,000/- genuine currency notes to struck a deal and he further handed over the same to PW12 SI Sharad Kohli, a decoy customer. This part of the deposition is also missing from the rukka. It has also come in evidence that when the police party left the PS of Special Cell, Inspector Mohan Chand Sharma was having Rs.40,000/- currency notes with him. Case of the prosecution is that deal was struck with the accused persons at about 1.00 pm to hand over the fake currency notes of Rs.one lac against the genuine currency notes of Rs.40,000/-. If the deal was struck at about 1.00 pm then why Inspector Mohan Chand Sharma had already carried genuine currency notes of Rs.40,000/-, when the police party left the PS, it shows that the deposition of the witnesses in this respect are false and infact it was already fabricated and no such deal actually took place with the accused persons.
The prosecution has also not been able to brought on record that these Rs.40,000/- genuine currency notes were seized and without seizure, it cannot be proved that such currency notes were taken by Inspector Mohan Chand Sharma, to SC No.111/1 14/16 struck the deal. These currency notes have not been produced before the court at any time.
The prosecution has also not been able to prove beyond reasonable doubts that two wheeler scooter no. DIV-5587 was sold to the accused persons by PW5 Tejwant Singh as neither RC of two wheeler scooter is on record nor any document of sale or transfer of scooter in the name of the accused persons has been brought on record. It seems that PW5 Tejwant Singh is a planted witness.
The prosecution has also not been able to prove the case property as the same, which was seized from the spot and from the house of the accused persons . No case particulars were written or pasted on the case property, when it was taken into possession and was sealed by the IO. So, identity of the case property is also doubtful.
The prosecution has not been able to prove beyond reasonable doubts as to whether owner of the house was present at the time of the raid or he was residing there or he was out of station. No list of articles was prepared at the time of seizure of the articles from the house of the accused persons nor copy of same was handed over to the accused persons, which also creates doubt as to whether such recoveruy was effected.
The prosecution has not been able to prove beyond reasonable doubts that HP Printer Scanner was purchased by one of the accused Rishi Raj from PW4 Sh. Swatenter Sahi as the original bills Ex.PW4/A and Ex.PW4/B as proved by PW4, although are on record, but their source is not deposed by witnesses. It is not deposed by any of the witnesses as to how both original bills have been brought on record. Neither PW4 has produced these bills during examination nor there is any seizure memo to prove that these were recovered from the possession of the accused persons or were recovered from the house of the accused persons. These bills are in the name of one Suresh Kumar. Although PW4 has stated that accused Rishi Raj impersonated himself as Suresh Kumar, but it is not deposed as to how these bills i.e. Ex.PW4/A and Ex.PW4/B have been reached on record, so these bills also SC No.111/1 15/16 seems to be fabricated to prove and corroborate the fact that HP Printer scanner was purchased by accused persons impersonating as Suresh Kumar from PW4 Sh. Swatenter Sahi. It seems that the bills have been placed on record after fabricating to corroborate the serial number of HP Printer scanner with bills as mentioned in the seizure memo Ex.PW9/B. In view of the above discussion, the case of the prosecution is doubtful about the recovery of fake currency notes and other articles as the testimonies of the witnesses do not inspire any confidence and they cannot be relied upon in any manner. From the deposition of witnesses, prosecution has not been able to prove the offences u/s 489B and 489D of IPC against the accused Girdhari Lal, hence he is acquitted.
ANNOUNCED IN THE OPEN (VIRENDER KR. GOYAL)
COURT ON 10/12/10 ADDL. SESSIONS JUDGE
FAST TRACK COURT
ROHINI
SC No.111/1 16/16