Delhi District Court
State vs Ram Charan Mandal & Ors on 15 January, 2013
1
IN THE COURT OF SH. SANJEEV KUMAR
ADDL. SESSIONS JUDGEI(OUTER): ROHINI COURTS: DELHI
SC No.859/06.
FIR No. 923/04.
PSPRASHANT VIHAR.
U/s. 489B/489C/489D/120B IPC
STATE
VERSUS
1. RAM CHARAN MANDAL @ CHHOTU S/O. RAM
GULAM, R/O. VILLAGE KHUSHIYAL PATTI, PS
KHATAUNA, DISTDRICTMADHUBANI, BIHAR.
2. VIVEK KUMAR RAY S/O. SHIV SAGAR RAY
R/O. VILLAGE KHUSHIYAL PATTI, PS
KHATAUNA, DISTDRICTMADHUBANI, BIHAR.
3. LALLAN SINGH @ LALLU S/O. DINESH SINGH
R/O. MANIGACHHI, BRAHMPURA, PS
MANIGACHHI, DARBHANGA, BIHAR.
Date of Institution in the Sessions Court:15.03.2005
Date of Arguments:04.01.2013
Date of Judgment:15.01.2013
STATE VS RAM CHARAN MANDAL & ORS
FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 1
2
JUDGEMENT:
1. In brief the prosecution story is that on 05.11.2004 a secret informer met with ASI Ram Kumar of Special Team, Crime Branch, Delhi at about 2.30pm and informed him that one person namely Vivek Rai is dealing in fake currencies and he used to give four fake currency notes of Rs.500/ denomination in place of one genuine note of Rs.500/. ASI Ram Kumar asked the informer to call the Vivek Rai in front of gate of Japanese Park, Sector11, Rohini, Delhi. The said person Vivek Rai i.e. accused met with ASI Ram Kumar and told that he has exchanged four fake currency notes in place of one genuine currency note on which ASI Ram Kumar asked accused Vivek Rai to come at about 5pm at in front of Lancer Convent, Prashant Vihar with the fake currency notes. Thereafter, ASI Ram Kumar informed to the ACP (Special Team) about the information, who asked him to take necessary action, on which ASI Ram Kumar under the supervision of Inspector Hoshiyar Singh constituted a raiding party consisting of HC Vijender Singh, Ct. Dilawar and Ct. Ved Prakash and they all reached at Lancer Convent gate, where at about 5.10pm, accused Vivek Rai alongwith another person came. ASI Ram Kumar gave him genuine currency STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 2 3 note and Vivek Rai in exchange had given four fake currency notes. After taking the same from the person with whom he came at the spot. As soon as the deal is completed the shadow witness HC Vijender signal to the raiding and thereafter with the help of raiding party both the accused persons i.e. Vivek Rai and other person namely Ram Charan Mandal were apprehended. The genuine currency note and 14 fake currency notes in the denomination of Rs. 500/ were recovered from the possession of accused Vivek Kumar Rai and 20 fake currency notes in the denomination of Rs.500/ were recovered from the possession of accused Ram Charan Mandal, which were seized by the ASI Ram Kumar, who sealed the same and prepared the rukka and sent Ct. Dilawar for registration of FIR, who got registered the FIR through duty officer. Further investigations was marked to SI Ram Avtar, who came at the spot and arrested both the accused persons recorded their confessional statement and also recorded statement of witnesses, prepared site plan. Both the accused persons have confessed that accused Ram Charan Mandal is the domestic servant of one Anil Bahrera, whereas one Lallan Singh also working as domestic servant and accused Ram Charan Mandal and Lallan Singh have used printer, scanner STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 3 4 and copier lying in the house of Anil Bahrera for making fake currency notes.
Thereafter on 06.11.2004 on the identification of the rd accused Ram Charan Mandal 3 accused Lallan Singh was arrested and his confessional statement was recorded and thereafter both the accused persons took them to the house of LCG205A, Labour Complex, Sushant Lok, Gurgaon, Haryana, from where they got recovered printer, scanner and copier (PAC), which were seized by the IO. He sent the printer to the FSL and collected the FSL Report and finally filed chargesheet u/s. 489B/489C/489D/120B IPC against all the three accused persons and they were put to trial.
2. After compliance of the provisions u/s. 207 Cr.P.C, the case was committed to the court of Sessions, which in turn was assigned to this court.
3. On 22.3.2005 charge under Section 120B IPC is framed against accused persons Vivek Kumar Roy, Ram Charan Mandal and Lallan Singh and charge for offence u/s. 489B read with 120B IPC is made out against accused persons Ram Charan Mandal and Vivek Kumar Roy and Charges for offence punishable u/s. 489C IPC framed against accused persons Ram Charan Mandal and Vivek STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 4 5 Kumar Roy, to which they pleaded not guilty and claimed trial.
4. In order to prove its case, prosecution examined Ten witnesses.
PW1 Deveka Ram is Senior Scientific Officer/ Reporting Officer, FSL, Rohini, Delhi.
PW2 HC Ramesh Kumar is the duty officer and recorded FIR No.923/04.
PW3 Anil Berera is the employer of accused persons Ram Charan Mandal and Lallan Singh and also the witness of recovery of Printer cum Scanner cum copier (PSC).
PW4 HC Vajinder, PW5 ASI Ram Kumar, PW6 Ct. Ved Prakash and PW10 HC Dilawar Singh are the members of the raiding party.
PW7 HC Om Prakash is MHC(M).
PW8 Ct. Subhash deposited the exhibits in the FSL. PW9 Inspector Ram Avtar is the IO of the case.
5. Besides this prosecution proved documents i.e. rukka as Ex.PW5/H, copy of FIR as Ex.PW2/A, site plan as Ex.PW9/B, Entry regarding departure as Ex.PW9/A, seizure memo of currency note STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 5 6 as Ex.PW5/G and seizure memo of fake currency notes recovered from accused Ram Charan Mandal Ex.PW5/E and that of accused Vivek Kumar Rai as Ex.PW5/F, Seizure memo of Printer, Scanner and copier as Ex.PW3/A, seizure memo of four fake currency notes which was handed over by accused Vivek Rai to PW5 as Ex.PW4/A, disclosure statement of accused Vivek Kumar Rai as Ex.PW6/A, disclosure statement of accused Ram Charan Mandal as Ex.PW6/B, disclosure statement of accused Lallan Singh as Ex.PW14/C, personal search memo of accused Vivek Kumar Roy as Ex.PW5/D, personal search memo of accused Lallan Singh as Ex.PW4/B, Personal search memo of accused Ram Charan Mandal as Ex.PW5/C, Arrest memo of accused Vivek Kumar Rai, Lallan Singh and Ram Charan Mandal as Ex.PW5/A, Ex.PW4/A and Ex.PW5/B respectively AND FSL Report as Ex.PW1/A, copy of relevant entry in register no.19 regarding depositing of case properties as Ex.PW7/A and RC as Ex.PW7/B.
6. Statement of accused persons u/s. 313 Cr.P.C. was recorded and incriminating evidence put to them and they have denied the same and submitted that they have been falsely implicated in this case. Though, accused persons preferred to lead STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 6 7 defence evidence in their defence, but they did not lead any defence evidence despite giving number of opportunities.
7. Arguments heard from Shri S.C. Sroai, ld. Addl.PP for the State and Shri Manoj Kohli, ld. Counsel for accused persons. It is argued by ld. Addl. PP for the State that, from the testimony of PW5 ASI Ram Kumar, it is proved that accused Vivek Kumar Rai had entered into deal with him to give four fake currency notes in the deonomination of Rs.500/ in place of one genuine currency note of Rs.500/ denomination, when he met with accused Vivek Kumar Rai as decoy customer and further from his testimony it is proved that Accused Vivek alongwith Ram Charan Mandal had come to deal with PW5 at Lancer School Gate and they were apprehended red handed and fake currency notes were recovered from their possession. It is further argued by the ld. Addl. PP that from the testimonies of PWs, it is proved that at the instance of accused Lallan Singh and Ram Charan Mandal one PSC was recovered by which they used to print the fake currency notes. He further argued that the testimonies of PW5 is duly corroborated by other witness, hence, accused persons are liable to be convicted.
8. On the other hand, ld. Defence counsel had argued that STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 7 8 testimonies of PWs are full of contradictions and improvements, hence, same cannot be relied upon. Further he had argued that there is nothing, which proved that the alleged PSC was used in the printing fake currency notes. All the recovereis were planted upon the accused persons due to the said no independent public persons have been joined at the time of committing raid and apprehension of the accused persons. Hence, all the accused persons are entitled to be acquitted.
9. I have heard the rival arguments and gone through the record.
Before the appreciating the evidence it is appropriate to go through the provisions of law under which accused persons have been charged which are reproduced as under : 120B IPC. Punishment of criminal conspiracy. (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 8 9 be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.
489B IPC: Using as genuine, forged or counterfeit currencynotes or banknotes. Whoever sells to, or buys or receives from any other person, otherwise traffics in or uses as genuine, any forged or counterfeit currencynote or banknote, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
489C IPC: Possession of forged or counterfeit currencynotes or banknotes. Whoever has in his possession any forged or counterfeit currency note or banknote, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
10. The case of the prosecution is that all of the accused persons have conspired together to prepare counterfeit currency note. And in pursuance of that criminal conspiracy produced counterfeit currency STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 9 10 notes from the printer, scanner and copies lies in the house of PW3 Anil Berera, where accused Ram Charan Mandal and Lallan Singh were working as servant. It is further the case of the prosecution that accused Vivek Kumar Roy entered into deal with PW5 ASI Ram Kumar to give fake currency notes in place of genuine currency note of Rs.500/. The prime witness of the case is PW5 ASI Ram Kumar, PW4 HC Vijender and PW10 HC Dilawar Singh. PW5 ASI Ram Kumar, PW6 Ved Prakash and PW9 Inspector Ram Avtar.
11. PW4 HC Vijender, who was the member of the raiding party. He is in fact the shadow witness, as per the prosecution case. PW4 had deposed that on 05.11.2004 at about 4pm ASI Ram Kunwar had received secret information that one boy used to give four fake currency note against one genuine currency note and he would come at 5pm near Lancer Convent Public School and thereafter a raiding party was constituted consisting of himself, ASI Ram Kumar, Ct. Diwara, Ct. Ved Prakash under the suprevision of Inspector Hoshiyar Singh and they reached at that place in a government vehicle at about 4.10pm. When they reached near Aggarwal Sweets then ASI asked four/five passersby to join the raiding party but they left the spot without telling their names and STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 10 11 addresses. Then they reached at the gate of Lancer Convent Public School and he was deputed as a shadow witness with the direction that as soon as deal is completed between ASI Ram Kumar and that boy he will signal to other member of the raiding party on waiving his hand on his head and thereafter other staff took their position at about 5.10pm, two boys were coming. ASI Ram Kumar talked with them and after while gave Rs.500/ currency note to them by other boy and thereafter he gave signal and both boys were apprehended by them. He identified both the boys by their faces. ASI Ram Kumar took the search of another boy, who had handed over the fake currency notes to ASI and then from his possession took out 20 notes of fake currency recovered from his wearing pant. From the four notes which ASI Ram Kumar handed over were also seized and taken into possession which were given by Ram Charan Mandal. The said notes were kept in a separate parcel, sealed with the seal of RK. 40 fake currency notes of Rs.500/denomination were also recovered from his pant, same were also seized. He further deposed that ASI Ram Kumar gave genuine currency note of Rs.500/ denomination to accused Vivek Kumar Rai and said notes were handed over by Vivek after taking the same from Ram Charan STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 11 12 Mandal to ASI Ram Kumar and thereafter ASI Ram Kumar prepared the rukka and gave the same to Ct. Dilawar for registration of the case. He further deposed that he did not recollect the number of the genuine currency note of Rs.500/ and further stated that all the recovered notes from the accused persons were of the same series number i.e. 600050 and series number was 3 EE. He further stated after registration of the case SI Ram Avtar interrogated both the accused persons recorded their confessional statement. Inspector Ram Avtar (then SI) prepared the site plan at the instance of ASI Ram Kumar. In the meanwhile Ct. Dilawar also came to the spot and handed over the copy of FIR and original rukka to SI Ram Avtar. Thereafter, accused persons were arrested in this case and thereafter they came to the PS, case properties were deposited in the malkhana.
He further deposed that on 06.11.2004, he alongwith SI SI Ram Avtar and accused Ram Charan went to Sangam Vihar in search of accused Lallan and he was arrested near the temple at about 7/7.30pm vide memo Ex.PW4/A and his confessional statement Ex.PW4/C was recorded. Thereafter, they came back on their office. On 07.01.2004 also he joined the investigation went to STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 12 13 Gurgaon alongwith accused Lallan and Ct. Hira in the Govt. vehicle to the house of employer of accused Lallan at Sushant Enclave where Anil Berera met them and they took into possession one machine i.e. printer scanner and copies from vide memo Ex.PW3/A. Thereafter, they came back to the office. He also identified the printer, copier and scanner Ex.P1 and fake 38 currency notes of Ex.P2 to P39 and genuine currency note as Ex.P40. He has also correctly identified all the accused persons in the court.
12. In his cross examination he had deposed that ASI Ram Kumar was alone in the duty officer's room at the time giving information on the day of occurrence. They were not in police uniform. ASI Ram Kumar made their departure entry when they started from the their office. He further stated that no notice was given to the public persons who refused to join the investigations. He further stated that he does not remember the number of gate of Lancer Convent, however, they reached near the main gate of the said school and he further deposed that they remained near Aggarwal Sweets from 4.20p to 5pm and nakabandi was made at 5pm. He and ASI Ram Kumar were standing near the gate of Lancer Convent, while the other member of the raiding party were deputed STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 13 14 opposite the road. He further stated all the proceedings were conducted on the main gate of the school by sitting in government vehicle. All the members of the raiding party and accused persons were sitting in the Government vehicle at the time of preparing the documents. He further stated that Ct. Dilawar took the rukka on the official vehicle to the PS and came back at 9pm and they all left the spot at 1am in the night. He further stated that accused Ram Charan Mandal took out four fake currency notes from his pocket and handed over to the ASI Ram Kumar, whereas he took out remaining currency notes from his other pocket. He further deposed that Aggarwal Sweet shop was opened, but does not remember if ASI Ram Kumar had requested said shop owner to join the raiding party. He further stated that ASI Ram Kumar left the spot at about 9.30pm. He denied the suggestion that owner Anil Barera is a rich person and to save him, accused persons have been falsely implicated in this case.
13. PW5 ASI Ram Kumar is the first IO to whom secret informer gave information that accused Vivek Kumar Rai was dealing in fake currency notes. PW5 ASI Ram Kumar had deposed that on 05.11.2004 at about 2.30pm information came to his office STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 14 15 and informed that one boy used to circulate fake currency notes in the marked and he used to offer four/five fake currency notes of Rs. 500/ denomination against one genuine note. The secret informer arranged his meeting with Vivek Rai at the gate of Japanese Park, Sector11, Rohini. Vivek Rai told him that he has some fake currency notes and he will give him four fake currency notes of Rs.500/ denomination against one genuine currency note of Rs.500/. Thereafter he asked accused Vivek Rai to bring notes at the gate of Lancer Convent at about 5pm on the same day. He apprised this information to the ACP concerned, who has immediately directed to organize a raiding party and take action. The rest of the facts he deposed were the same as deposed by PW4 except few deviations like he disclosed the number of the genuine currency note of Rs. 500/ denomination as 4CH914981 or that the four fake currency notes were handed over to him by accused Vivek Rai after taking the same from Ram Charan Mandal. Besides this he has proved the arrest memo of accused Vivek Rai as Ex.PW5/A and that of accused Ram Charan Mandal as Ex.PW5/B, personal search of accused Ram Charan Mandal as Ex.PW5/C and that of accused Vivek Rai as Ex.PW5/D. He also deposed that he conducted the search of STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 15 16 accused Ram Charan Mandal and 20 fake currency notes were recovered from him from his back pocket of his pant, which he took into possession after sealing the same with the seal of RK vide memo Ex.PW5/E. Ct. Ved Prakash conducted the search of accused Vivek Rai and one genuine currency note of Rs.500/ was recovered from his right back of his pant and 14 fake currency notes from the left back of the pant, which were sealed with the seal of RK and taken into possession vide memo Ex.PW5/F. He took four fake currency notes which was handed over by accused Vivek Kumar Rai to him and endorsement Ex.PW4/A. After sealing the same with the seal of RK and genuine currency note also sealed by him and taken into possession vide memo Ex.PW5/G. Thereafter he prepared ruka Ex.PW5/H and after registration of the FIR, SI Ram Avtar came over there with Ct. Dilawar and further he handed over the accused persons alongwith case properties and exhibits to him.
In his cross examination, he had stated that distance between Lancer Convent and his school is about 34kms. There were six members in the raiding party. He reached at the Japanese Park about 34 months back and came back at his office at 3.15pm. They reached at Lancer Convent at around 5pm and further they STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 16 17 reached at Aggarwal Sweets at about 4.20pm and remained for about 1020 minutes. He further deposed that he had mobile phone number 9810475263. He further deposed that informer had not used his mobile phone for fixing him with the accused Vivek Rai. He further deposed that accused Vivek Rai had not shown him any counterfeit notes when he first time met him. He stated that he had given Rs.500/ note to the accused and had not made any entry in this regard. He had not claimed back Rs.500/ from the department, however, ACP had given him Rs.500/. He further stated that public persons were asked to join the raiding party but none agreed to join the raiding party. No notice was given to them. He further stated that when Ct. Dilawar left with rukka of the PS, in the meanwhile SI Ram Avtar reached at the spot and Ct. Dilawar did not return back alongwith FIR in his presence as he was the member of the raiding party left the spot. Ct. Dilawar went to the PS with rukka in Government vehicle. When he left the spot Hoshiyar Singh, HC Vijender, Ct. Ved Prakash and SI Ram Avtar were present at the spot. He denied the suggestion that accused did not meet him at Japanese Park or that no recovery of fake currency notes was made in his presence.
STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 17 18
14. PW6 and PW10 have deposed the same facts as deposed by PW4 and PW5 except HC Dilawar took the rukka to the PS and got the registered the FIR and he came back at the spot alongwith original rukka and copy of FIR.
15. PW3 is Anil Barera is another important witness. He had deposed that he is employer of the accused persons Ram Charan Mandal and Lallan Singh and on 07.11.2004 police recovered one Printer, Scanner and Copier from study room, which is Ex.PW3/A. In his cross examination on behalf of accused Lallan Singh he had th deposed that his son was studying in 9 class at the time of incident. He also denied the suggestion that accused Lallan has left the job one month prior to 07.04.2011. He also denied the suggestion that he used to get photocopy of Rs.500/ currency notes from the scanner and then used to give the same to accused Lallan Singh. He further deposed that accused Lallan Singh and Ram Charan Mandal used to look after his entire premises in his absence. In his cross examination by ld. Counsel for accused persons Ram Charan Mandal and Vivek, he admitted the suggestion that accused Vivek Kumar Rai is not a servant. He further admitted that accused persons did not get any copy of anything or any document from the STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 18 19 copier or scanner in his presence.
16. PW9 Inspector Ram Avtar is the IO of the case and deposed that on 05.11.2004 investigations of this case was entrusted to him, vide DD No.9 Ex.PW9/A. On receipt of the same he went to the Lancer Convent School, Prashant Vihar, where ASI Ram Kumar alongwith Inspector Hoshiar Singh, Ct. Ved Prakash and HC Virender met him. Two accused persons i.e. Vivek and Ram Charan in the custody of ASI Ram Kumar, he handed over the case properties and exhibites to him. Ct. Dilawar Singh also reached at the spot and handed over to him original rukka and copy of FIR. ASI Ram Kumar briefed him about the case. He prepared the site plan Ex.PW9/B at his instance, recorded statement of ASI Ram Kumar and discharged him. He interrogated both the accused persons and arrested them vide memo Ex.PW5/A and Ex.PW5/B and taken their personal search Ex.PW5/D and C and their confessional statement Ex.PW6/A and B. On 06.11.2004 both the accused persons were produced before the concerned court and one day PC ramand of accused Ram Charan Mandal was obtained vide his application Ex.PW9/C and in pursuance of disclosure statement of accused Ram Charan Mandal accused Lallan Singh @ Lalan was arrested STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 19 20 from Sangam Vihar at the instance of accused Ram Charan in the evening of the same day. Accused Lalan was arrested vide memo Ex.PW4/A, his personal search was conducted vide memo Ex.PW4/B and he made his disclosure statement Ex.PW4/C. On 08.11.2004 accused Lallan Singh got recovered Printer Scanner and copier (PSC) from the house of Anil Barera bearing number 205A, Laburnum Complex, Sector29, Sushant Lok, Gurgaon, Haryana, which he seized seizure memo Ex.PW3/A. He recorded statement of Anil Barera and HC Bijender in this regard. He identified all the three accused persons correctly in the court. He further deposed that case properties were deposited by him in the Malkhana. In his cross examination, he had stated that he reached at the spot at 7.30pm on foot. ACP, Special Team, asked him to conducted investigation and reached at teh spot and he was also given DD No.9 on 7.15pm. He further deposed that when he reached at the spot ASI Ram Kumar was doing the writing work on sitting on the Government Vehicle. He had also done writing work till 1am in the said vehicle under the emergency light and the light of the said vehicle. He further stated that he produced the accused persons in the court at about 2pm and arrested accused Lallan Singh on 06.11.2004 at about 7.30pm. He STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 20 21 further stated he seized printer, scanner and copies (PSC) on 7.11.2004 at the instance of Lallan Singh from the house of Anil Barera. But he had not taken search warrant to search the said premises. At that time Anil Barera with his family were present in the house. He had not called any independent person to join the investigation. He further deposed that he only recorded statement of Anil and do not think necessary to record statement of other person, as they were old person and one was lady. He went to the spot without informing the occupier of the spot. He admitted the suggestion that accused Lallan has not made any confessional statement.
17. On appreciation of the testimonies of Prosecution witnesses I am agree with the contention of ld. Defence counsel that, same are full of contradictions and improvements. PW5 ASI Ram Kumar is the main witness, he had stated that at about 2.30pm, secret information was received by him from secret informer that one Vivek Rai is circulating the fake currencynotes and thereafter informer arranged his meeting with him at Japanese Park and in his cross examination he had stated that he came back to the PS at STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 21 22 about 3.15pm, after meeting with the accused Vivek Rai, but no DD has been placed on record regarding the receiving the information by him. Neither any departure DD has been placed on record to prove that he had gone to the Japanese Park after receiving the secret information. Neither any arrival entry has been placed on record, though, he claimed that same has been made. As per Punjab Police Rule every police official is required to make entry in daily diary register whenever he leave the PS or arrive in the PS. Further PW5 ASI Ram Kumar had not explained how even such a short span of time i.e. less then half an hour informer manage to contact with the accused Vivek Rai as the entire initial transaction of receiving the information and to going to Japanese Park and coming back to the office had taken place within a span of 45 minutes which look improbable.
18. Further PW5 ASI Ram Kumar had not testified that he had informed to the senior officers about his meeting with the accused Vivek Kumar Rai at Japanese Park. He had allowed the accuse to go scotfree the accused Vivek Kumar Rai after his first meeting despite the fact that he knew that accused was dealing in the counterfeit currency notes. There is quite possibility that accused STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 22 23 Vivek might not turned back to meet him at Lancer Convent Public School. In such circumstances, he would have allowed accused, to escape from the clutches of law. He cannot take such a big decision without the consent of his senior officers. Hence, whole story of his meeting with accuse Vivek appeared to be quite unrealistic.
19. PW5 ASI Ram Kumar further deposed that during his meeting with accused Vivek Kumar Roy at Japanese Park, he asked him to come at Lancer Convent Public School, Prashant Vihar and he apprised this fact to the ACP concerned, who directed him to organize a raiding party. But again no DD has been placed on record regarding the apprising of the said facts to the ACP concerned. Neither the ACP has been cited as witness to corroborate the said facts. Further PW5 submitted that he had organized a raiding party under the supervision of Inspector Hoshiyar Singh but, I fail to understand if raiding party was organized by Inspector Hoshiyar Singh why he had not lead in entire proceedings. Why the complaint was not made by him being a senior officer nor he had signed on any memos prepared at the spot which make his presence doubtful at the spot. PW10 has stated that Inspector Hoshiyar Singh has constitued raiding party but he has not been examined as witness. STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 23 24 Further no DD for constituting raiding party or leaving the crime branch office for Lancer School is placed on record to corroborate that raiding party was constituted and they went to the spot. Further PW5 ASI Ram Kumar in his examination in chief had not stated that from where he had arranged Rs.500/ genuine currencynote to give the same to the accused persons for purchasing fake currency notes. Though, in his cross examination, he had stated that he had given the same from his own pocket. But he admitted that he had not made any entry in this regard in any documents. He further stated in his cross examination that ACP had returned Rs.500/ to him, but no document has been placed on record to corroborate the same. ACP had not been examined to explain from where he had returned the Rs.500/ to him. PW5 or ACP is not expected to give the money out of their own pocket for carrying out such kind of operations. Even if, they had given then they should have claimed it from the department, which is not the case here, which creates doubt in the entire operation. Further, PW5 ASI Ram Kumar stated that he had taken out genuine currencynotes of Rs.500/from his pocket when he reached at the Aggarwal Sweets at Prashant Vihar but PW6 Ct. Ved Prakash in his examination in chief had deposed that ASI Ram STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 24 25 Kumar took out genuine currency note of Rs.500/ before leaving the PS and kept the same in his pocket for dealing the same with the said boy he had not stated PW5 took out the currency not from his pocket at Aggarwal sweets. Where asPW4 and PW10 has not at alldeposed in theit testimony that PW5 took out Rs 500 hundered note either at crime branch office or at Aggarwal sweets they had only deposed that PW5 gave Rs 500 note to accuse.
20. There are also contradictions regarding the timing of leaving the PS and reaching at the spot. While PW5 ASI Ram Kumar and PW4 HC Bijender that, they reached at Lancer Convent at 4.10pm. Whereas PW10 HC Dilawar Singh stated that they left the office at about 4.10pm Whereas PW6 stated that they reached at the spot at about 4.15pm.
21. Further there are other material contradictions in the testimonies of PW4 and PW5 ASI Ram Kumar. PW4 HC Bijender in his testimony had deposed that four fake currency notes were given to PW5 ASI Ram Kumar by accused Ram Charan Mandal, whereas, PW5 ASI Ram Kumar had stated that four currency notes were given to him by accused Vivek after taking the same from accused Ram Charan Mandal. Further PW4 HC Bijender had deposed that from STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 25 26 the possession of the accused Vivek Kumar Roy 40 notes in the denomination of Rs.500/ were recovered. Whereas other PWs including PW5 have stated that 14 currency notes of Rs.500/ denomination were recovered from the accused Vivek Kumar Rai. PW4 had also unable to disclose the number of the genuine currency notes as he submitted that he does not remember the same, but strangely he had been able to remember the serial number of fake currency notes.
22. All the PWs, who are the member of the raiding party have admitted that no notice was given to the public persons who refused to join the investigations. Admittedly, spot is a busy road and the timing of the incident is also evening hours, therefore, many public persons would be available near the spot. Undoubtedly, non joining of the public persons is not fatal to the case of the prosecution as in normal circumstances it is the tendency of the public persons not to join the such kind of proceedings, either because of backlash from the accused persons or because of physical and mental harassment caused by the calling again and again by the police and by the court. But, at the same time, when police officials are complainant as well as witnesses it become STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 26 27 necessary to join the public witnesses to give credence to their statements and ruled out false implications. Even if no public person agreed to join the investigationcan be under stated but at least the police official can record names and address of the person whom they have asked to join the investigations particularly the adjoining shopkeeper.
23. Further in today's world of huge technical advancement, I fail to understand why police officials cannot use the latest gazette to record the conversations why same has not been used to record conversation between the accused persons and police officials. Hence, considering the aforesaid fact and the fact that there are number of contradictions in the testimony. I do not find testimony of PW4, 5, 6 and 10 reliable that accused Vivek and Ramcharan had given them fake currencies notes in lieu of genuine currencies notes or fake currencies notes recoverd from their possessions.
24. It is also the case of the prosecution that, at the instance of accused Lallan Singh and Ram Charan Mandal one printer cum copier cum scanner (PSC) Ex.P1 was recovered from the house of PW3 Anil Berera. As per the testimony of PW5 ASI Ram Kumar from the said PSC the fake currencynotes were prepared after STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 27 28 photocopying from the genuine currency notes. But, there is no evidence that, to connect PSC Ex.P1 has been used in making the counterfeit notes, which were recovered from the possession of accused Ram Charan Mandal and Vivek Rai. The FSL Report Ex.PW1/A only proved that the Printer/Scanner/Copier was in working condition and copy can be made from the said printer, but it does not proved that the notes which were recovered from the accused persons were actually copied from the said PSC. Hence, even it is proved that PSC is recovered at the instance of accused Ramcharan and Lallan Singh, same is of no consequence because prosecution had failed to connect PSC with the alleged crime.
25. Considering the aforesaid facts and I held that prosecution has failed to prove the case beyond reasonable doubt that accused Ram Charan Mandal and Vivek either into any criminal conspiracy to use fake currency notes or they actually use the fake currency notes or that fake currency notes were recovered from their possessions. Further prosecution also fails to prove beyond reasonable doubt that Accused persons Ram Charan Mandal and Lallan Singh entered into illegal agreement/criminal conspiracy to prepare the fake/ counterfeit currency notes. Hence, all the three STATE VS RAM CHARAN MANDAL & ORS FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 28 29 accused persons stand acquitted from all the charges i.e.120B and 489B,489C and 489B read with120B and 489Cread with 120B IPC . However, they are directed to file personal bond in the sum of Rs. 10,000/ with one surety of like amount within a week. Till then surety bond of the accused persons are extended. File be consigned to record room.
Announced in the open court (Sanjeev Kumar)
On 15.01.2013 Addl. Sessions Judge
Rohini Courts: Delhi.
STATE VS RAM CHARAN MANDAL & ORS
FIR NO.923/04//S.C. NO.859/06//PSPRASHANT VIHAR 29