Delhi District Court
State vs Akib on 7 February, 2025
DLSE010076832021
IN THE COURT OF SH. LOVLEEN,
ADDITIONAL SESSION JUDGE-03 (SOUTH EAST),
SAKET COURTS, NEW DELHI
IN THE MATTER OF :
SESSIONS CASE No. 325/2021
FIR No. 48/2020
PS K.M. Pur
STATE
Versus
1. AKIB
S/o Masoom
R/o H. No. BC-32
Gali No.1,
Bapu Colony,
Chhatarpur,
New Delhi
2. WAKAR @ SAKIR
S/o Azhar Alam
R/o H. No. 114,
Gali No. 2-1/2,
Bapu Colony,
Chhatarpur,
New Delhi
3. MUNISH AHMED
S/o Late Mubarak Ali
LOVLEEN R/o H. No. C-72,
FIR No: 48/2020 State vs. Akib and Ors. 1/25
Digitally signed
by LOVLEEN
Date: 2025.02.07
15:34:51 +0530
Masjid Wali Gali,
Raju Park,
Khanpur,
New Delhi.
DATE OF INSTITUTION : 21.04.2020
DATE OF RESERVING ORDER : 05.12.2024
DATE OF PRONOUNCEMENT : 07.02.2025
DECISION : CONVICTED
JUDGMENT
Brief Facts & Investigation
1. On 23.02.2020, one Lovely Ahuja produced two boys before ASI Rajesh Kumar and Ct. Satender at Police booth, INA Market. Said Lovely Ahuja made the following statement:-
""व्यान अजाने Sh. Lovely Ahuja S/o Sh. Charanjit Ahuja R/o H.No 216-B/4, Gautam Nagar, ND.49 बाउम-28 Yrs (M) 9625821594 (Shop No.60, INA Market,ND. व्यान फिया कि में पता उपरोक्त पर रहता हूँ तथा Shop 60. INA Market में Handsome men's exclusive के नाम से दुकान चलाता हूँ। आज मैं अपनी दुकान पर मौजूद था कि समय करीब 12.30 बजे दिन दो लड़के मेरी दुकान पर आये जिनके नाम पते अब मुझे Akib S/o Masoom R/o H.no. BC-34 Gali No-1, Bapu Colony, Chhatarpur, ND Age-19 साल व Wakar @ Sakir S/o Azhar Alam R/o H.No 114, Gali No-2- 1/2, Bapu Colony, Chhatarpur, ND Age-20Yrs. मालुम हुए है जो Akib उपरोक्त ने मेरी दुकान से एक पर्स Beltly Brown Colour बरीदी जिसकी कीमत 200/ दो सौ रूपये थी तथा आकिब ने अपने साथी वकार LOVLEEN Digitally signed by LOVLEEN FIR No: 48/2020 State vs. Akib and Ors. 2/25 Date: 2025.02.07 15:34:54 +0530 उर्फ साकिर से एक दो हजार का नोट लेकर मुझे दिया। मेरे पास दो हजार के खुल्ले नहीं थे इसलिए मैं अपने पड़ोस की दुकान से दो हजार के नोट के खुल्ले रूपये लेने गया था जो मेरे पडोसी ने बतलाया की वह दो हजार का नोट (8FK 838032) नकली है। इन दोनो के पास और भी नकली नोट है इसलिए मैने पडोसी दुकानदारों की मदद से इनको आकिब व साकिर को पुलिस बुथ पर लाकर आपके हवाले कर दिया है तथा इनके द्वारा मुझे नम्बरी नकली नोट (8FK 838032) को यह जानते हुए की यह नोट असली है चलाया है। मुझे अब पता लगा कि इन्होंने और भी दुकानदारो को दो हजार के नकली नोट असली की तरह चलाये है तथा छोटा मोटा सामान खरीद कर बाकी के असली रूपये वापस लिए है मैने इनके द्वारा मुझे चलाया गया दो हजार का नम्बरी नकली नोट 8FK 838032 आपको पेश कर दिया है. इन दोनो लड़को आकिब व साकिर के खिलाफ उचित कानूनी कार्यवाही की जाए। अब आपने मेरा व्यान लिखा है सुन लिया ठीक है""
2. On the basis of said statement, ASI Rajesh Kumar prepared a tehrir, which is reproduced as under:-
"श्रीमान Duty officer साहब थाना कोटला मुबारकपुर नई दिल्ली वकार सरकार निवेदन है कि इमरोज मन ASI वमय CT Satender 1712/SD Police booth INA Market पर मौजूद था कि INA Market के कु छ दुकानदार / शिकायत कर्ता Sh. लवली आहूजा S/० चरणजीत आहूजा R/o उपरोक ने बाहाजिर पुलिस बूथ INA Market आकर मन ASI को पेश होकर दो लडके पेश करते हुए मन ASI को अपना व्यान पुश्त हजा तहरीर कराया जो पूछताछ पर दोनो लड़को का नाम पता (1) Akib S/o Masoom R/o H.No BC-34, Gali No-1 Bapu Colony. Chhatarpur, ND Age-19 Yrs व Wakar @ Sakiir S/o Azhar Alam R/o H.No 114, Gali no 2-1/2, Bapu Colony. Chhatarpur LOVLEEN ND बाउम्र 20 Yrs मालुम हुए जो मन ASI ने तसल्ली करके शिकायतकर्ता Lovely Ahuja उपरोक्त द्वारा पेश किया गया दो हजार का Digitally signed by LOVLEEN Date: 2025.02.07 15:35:00 +0530 FIR No: 48/2020 State vs. Akib and Ors. 3/25 नम्बरी नोट 8FK 838032 को बरवै फर्द कब्जा पुलिस में लिया तथा फोटो काफी करवाकर Fake Currency note को as per seizure memo कब्जा पुलिस मे लिया तथा हर दोनो सख्स की सरसरी तलाशी अमल मे लाई जो दौराने तलाशी मुल्जिम Akib S/o Masoom की पहनी हुई जीन्स पेण्ट की बायी जेब से दो-दो हजार के कु ल (11) नम्बरी नोट (8FK 8389516, 8FK-837680, 8FK-837611,8FK-838031, 8FK-830694,8FK-830696, 8FK-830695, 8FK-839501, 8FK-839502,8FK-839503 व 8FK-839504 FCN) बरामद हुए जिनके बारे मे पुछताछ पर Fake Currency Note होना मालूम चला व मुल्जिम Akib की पहनी हुई पेण्ट की Back side दाहिनी जेब से एक Brown Colour का Beltly का पर्स जिसमे कु ल 4400/- चार हजार चार सो रूपये थे बरामद हुए जो पर्स मुल्जिम ने मुद्दई की दुकान से Fake Currency Note दो हजार देकर खरीदा था। व अन्य बरामदा 4400 रूपये के बारे में भी मुल्जिम ने बतलाया की उसने अन्य मार्के ट मे Fake Currency Note Circulate करके यह असली रूपये इकट्टे किये है जो बरामदा पर्स व 4400/- रूपये को अलग बरवै फर्द कब्जा पुलिस में लिया गया। इसी प्रकार दूसरे मुल्जिम Wakar @ Sakir S/o Azhar Alam उपरोक की सरसरी तलाशी पर उसकी पहनी Lower / पेन्ट की दायी जैब से कु ल (18) FCN नोट दो-दो हजार के नम्बरी बरामद हुए (8FK-839517, 8FK -83 9518, 8FK-839515, 8FK-839511,8FK-837622,8FK-837623, 8FK-830693, 8FK- 838329, 8FK-838330, 8FK-838331, 8FK-838332, 8FK- 838333, 8FK-838334, 8FK-834141, 8FK-834142, 8FK
-834146, 8FK-834149, 8FK -834145 FCN) बरामद हुए जिनके बारे में भी मुल्जिम में द्वारा Fake Currency Note होना मालुम चला व मुल्जिम की पहने हुए lower की बायी जैब से एक Ponds white beauty Cream व 1885/ रूपये (500x3+200x1+100x1+50x1 +20x1+10x1+5x1=1885/-बरामद हुए। जो बरामद cream व कु ल 1885/- रूपये को मुल्जिम ने दो हजार का Fake Currency note INA की एक अन्य दुकान पर चलाकर प्राप्त करना बतलाया जो इसी दौरान दुकान No.252 Nagpal Chemist पर काम करने वाले लडके ने जिसका नाम पता बाद पूछताछ Ajay S/o Pratap Singh R/o Jhuggi near Arya Samaj Mandir, East Kidwai Nagar Age-27 Yrs मालुम हुआ ने Police booth INA Market पर आकर एक दो हजार का नकली नोट नम्बरी 8FK-837681 मन ASI को पेश किया कि इन दोनो लडको LOVLEEN Digitally signed by LOVLEEN FIR No: 48/2020 State vs. Akib and Ors. 4/25 Date: 2025.02.07 15:35:04 +0530 ने मेरी दुकान से भी एक Ponds White beauty Cream खरीदी थी जिसकी कीमत 115/- रूपये थी तथा मुझे उपरोक्त दो हजार का नकली नोट दिया था मैने 115/- रूपये काटकर कु ल 1885/- रूपये इनको वापस किये थे जो अजय द्वारा पेश किया गया दो हजार का नकली नम्बरी नोट (8FK-837681) बरवै फर्द कब्जा पुलिस मे लिया तथा मुल्जिम Wakar @ Sakir से बरामदा (18) FCN दो-दो हजार व Ponds Cream, व 1885/- को अलग-2 बरवै फर्द कब्जै पुलिस मे लिया व मुल्जिम की लोअर पैण्ट की पिछली बांयी जेव से भी कु ल 2950/- दो हजार नो सौ पचास रूपये बरामद हुए जिसके बारे मे मुल्जिम Wakar ने बतलाया कि ये रूपये भी उसने अन्य मार्के ट ने नकली नोट circulate करके असली रूपये प्राप्त किये है जो 2950/- रूपये भी बरवै फर्द कब्जा पुलिस मे लिये गये। जो बरामदा Fake Currency note उपरोक्त को INA Market मे ही स्थिति Bajaj Medical Store पर मशीन द्वारा भी Check कराया गया था जिसने भी बरामदा FCN उपरोक्त को suspicious वताया। इस कदर बयानात मुद्दई बरामदगी Fake Currency note व दी गई सामान (क्रीम व पर्स) हालात से हर दोनो मुल्जिमान Akib S/o Masoom व waker @ Sakir S/o Azhar Alam उपरोक्त ने अपने कब्जे मे नकली नोट रखकर व उनको जानबुझकर असली नोट की तरह मार्के ट मे दुकानो पर इस्तेमाल करके सरेदस्त सूरत जुर्म U/S 489-B & 489 C /34 IPC का किया है। लिहाजा तहरीर हजा वगर्ज कायमी मुकदमा बदस्त CT Satender 1712/SD थाना भिजवाई जा रही है। लिहाजा मुकदमा दर्ज रजिस्टर करके नम्बर मुकदमा से इत्ला दी जावे मन ASI मय मुल्जिमान व मुद्दई बराय तफ्तीश मौका व्यस्त हूँ।"
3. On the basis of said tehrir, FIR No. 48/2020 PS K.M. Pur was registered u/s 489B/489C/34 IPC. Investigation was undertaken by police. During investigation, police was able to discover that the recovered fake currency notes were obtained by above said Akib and Wakar @ Sakir from one Munish Ahmed. Police traced out and arrested the said Munish Ahmed. Some more fake currency notes were recovered at the instance of Munish Ahmed. Finally, all the three accused persons namely Akib, Wakar @ Sakir and Munish Ahmed were charge-sheeted.
Digitally The chargesheet was filed in the Court of Ld. Metropolitan Magistrate signed by LOVLEEN LOVLEEN Date: FIR No: 48/2020 State vs. Akib and Ors. 5/25 2025.02.07 15:35:07 +0530 concerned.
4. The case was then committed to the Court of Sessions by the Ld. Metropolitan Magistrate as Section 489B/489C/34 IPC is triable by the Court of Sessions.
Charge
5. Ld. Predecessor of this Court found a prima facie case against the accused persons. Accordingly, on 13.05.2022, charge for the offence punishable u/s 489-B/34 and 489-C IPC was framed against the accused Akib and Wakar @ Sakir. Accused Munish Ahmad was charged for the offence punishable u/s 489-C IPC. All the accused persons pleaded not guilty and claimed trial.
Prosecution Evidence
6. In support of its case, prosecution examined 13 witnesses in total.
Sl. Name of witness Purpose
no.
a). PW1 Ajay Public witness.
b). PW2 Lovely Ahuja Public witness.
(inadvertently mentioned as
PW-4)
c). PW3 ASI Santosh Kumar Duty officer
d). PW5 Devender Bassi Public Witness
e). PW6 Ct. Satender Police Witness.
f). PW7 Ct. Ravinder Police Witness.
LOVLEEN g). PW8 Ct. Girraj Saini Police Witness
Digitally signed
by LOVLEEN
Date: 2025.02.07 FIR No: 48/2020 State vs. Akib and Ors. 6/25
15:35:11 +0530
h). PW9 HC Lalit Kumar Police Witness
i). PW10 HC Ram Babu Police Witness
j). PW11 HC Vijender Police Witness
k). PW12 ASI Rajesh Kumar Police Witness
l). PW13 P.P. Kulkarni, Manager, Expert Witness
Currency Note Press, Nasik
7. Thereafter prosecution evidence was closed on 07.10.2024.
Statement Of Accused U/S 313 Cr.P.C & Defence Evidence
8. On 18.10.2024, accused were examined under section 313 Cr.P.C wherein incriminating material appearing in evidence against accused was put to them. Accused claimed that it is a false case and that they are innocent and have been falsely implicated in this case at the instance of Police. They claimed that nothing was recovered from their possession and the recovery was falsely planted upon them. They lead no evidence in defence.
Arguments
9. Ld. Addl. PP for State has argued that the prosecution has established its case against the accused persons beyond any reasonable doubt and prays for convicting them. Per contra, it has been argued on behalf of the accused persons that the prosecution case is liable to be LOVLEEN discarded for multiple reasons namely:-
Digitally signed by LOVLEEN Date:2025.02.07 FIR No: 48/2020 State vs. Akib and Ors. 7/25 15:35:15 +0530 Arguments on behalf of Akib and Wakar @ Sakir
(i). that Police has not joined any public / independent witnesses when the alleged recoveries were effected from the accused;
(ii). that Police has not placed on record any CCTV footage of the time when the accused was allegedly apprehended by the informant Lovely Ahuja;
(iii). that it is difficult to believe that the accused failed to flee the spot despite the fact that public persons had learnt that accused had used fake currency notes and;
(iv). that two public witnesses cited by the police in the chargesheet turned hostile to the prosecution, which reflects that the entire prosecution is false and fabricated and that the police has planted all the recoveries upon the accused.
Arguments on behalf of Munish Ahmed
(i). that Police has not joined any public / independent witnesses when the alleged recoveries were effected from the accused;
(ii). that Police has not placed on record any CCTV footage of the time when the allegedly recoveries were effected;
(iii). that police has planted all the recoveries upon the accused.
Discussion
10. I have heard the submissions made by Ld. Addl. PP and Ld. Defence Counsel and perused the case file as well.
11. As per prosecution's case, at the relevant time, the accused Akib and Wakar @ Sakir went to the shop of informant Lovely Ahuja and there accused Akib purchased a wallet worth Rs. 200/-. Accused Akib Digitally signed by LOVLEEN LOVLEEN Date:
2025.02.07 15:35:19 +0530 FIR No: 48/2020 State vs. Akib and Ors. 8/25 then took a currency note of denomination Rs. 2,000/- (bearing No. 8FK-838032) from accused Wakar @ Sakir and handed over the same to informant Lovely Ahuja. Informant Lovely Ahuja was not possessed of the 'change' due to be returned. As such, he went to a neighbouring shop to seek the 'change'. The neighbouring shopkeeper told informant Lovely Ahuja that the said currency note was fake. Informant Lovely Ahuja discovered that accused Akib and Wakar @ Sakir were possessed of more such notes and accordingly, he, with the help of neighbouring shopkeepers, produced the accused Akib and Wakar @ Sakir at the nearby police booth. At the police booth, ASI Rajesh Kumar was apprised about above facts. The fake currency note handed over to informant Lovely Ahuja was seized by Police. Accused Akib and Wakar @ Sakir were cursorily searched and from their respective possession as many as 11 and 18 fake currency notes of denomination Rs. 2,000/- each were recovered. All the fake currency notes were seized by Police. Accused Akib and Wakar @ Sakir narrated to ASI Rajesh Kumar that they had used some of the fake currency notes at the shop of informant Lovely Ahuja and at a shop running under the name and style 'Nagpal Chemist'. In the meantime, one person namely Ajay informed ASI Rajesh Kumar that the accused Akib and Wakar @ Sakir had purchased a Ponds cream worth Rs. 125/- from his shop and had paid with a fake currency note of denomination Rs. 2,000/- (bearing No. 8FK-837681). The said currency note was also seized by Police. Some genuine currency notes were also recovered from the possession of accused Akib and Wakar @ Sakir, regarding which both the said accused persons disclosed that they had come in possession of the genuine currency notes by using fake currency notes in different markets. ASI Rajesh Kumar LOVLEEN Digitally signed by LOVLEEN FIR No: 48/2020 State vs. Akib and Ors. 9/25 Date: 2025.02.07 15:35:22 +0530 took all the recovered fake currency notes to Bajaj Medical Store, INA market for testing the same on a machine. The machine categorised the fake currency notes to be 'suspicious'. Thereafter, the present FIR was registered. During the course of interrogation, accused Akib and Wakar @ Sakir disclosed that they had obtained the fake currency notes from one Samir and Munish Ahmed (co-accused). Acting upon the said disclosure, ASI Rajesh Kumar arrested said Munish Ahmed, who disclosed that he used to source the fake currency notes from Rohit, who used to meet him in Patna. ASI Rajesh Kumar made attempts to apprehend and arrest the said Rohit, but the said person remained untraced. Subsequently, accused Munish Ahmed got recovered 03 fake currency notes of denomination of Rs. 2,000/- from his home situated in Khanpur, New Delhi. Police forwarded the recovered fake currency notes to Currency Note Press, Nasik for obtaining the expert opinion and filed a report issued by said Press in the Court.
Occurrence of Incident, Apprehension of accused Akib and Wakar @ Sakir, Recovery of fake currency notes.
12. In order to prove the above allegations against the accused Akib and Wakar @ Sakir, prosecution examined one Ajay (PW-1), informant Lovely Ahuja (PW-2), Devender Bassi (PW-5), Ct. Satender (PW-6) and ASI Rajesh Kumar (PW-12).
13. During the course of trial, PW-1 Ajay failed to support the case of the prosecution against the accused Akib and Wakar @ Sakir. PW-1 Ajay failed to depose that accused Akib and Wakar @ Sakir had purchased any 'cream' from Nagpal Chemist, INA Market using a fake currency note at the relevant time. He failed to identify the currency note LOVLEEN bearing No. BFK-837681, which was allegedly handed over by accused Digitally signed by LOVLEEN FIR No: 48/2020 State vs. Akib and Ors. 10/25 Date: 2025.02.07 15:35:25 +0530 Akib and Wakar @ Sakir at the relevant time. He failed to identify the accused Akib and Wakar @ Sakir. Apparently, PW-1 Ajay has completely turned hostile to the case of prosecution.
14. Informant / PW-2 Lovely Ahuja deposed during trial that at the relevant date and time, accused Akib and Wakar @ Sakir arrived at a shop and purchased a wallet Ex.P-1 worth Rs. 200/-. They handed over a currency note worth Rs. 2,000/- Ex.P-2 to him, but since he did not have the required 'change', therefore, he went to a neighbouring shop to seek the 'change'. The neighbouring shopkeeper told him that the said currency note was fake. PW-2 Lovely Ahuja then took accused Akib and Wakar @ Sakir to the said neighbouring shop, where the neighbouring shopkeeper made inquiries from accused Akib and Wakar @ Sakir about the said fake currency notes and also recovered some more fake currency notes from their possession. Afterwards, accused Akib and Wakar @ Sakir were taken to police booth situated nearby and produced before ASI Rajesh Kumar. All the recovered fake currency notes, including the one handed over to PW-2 Lovely Ahuja initially, were handed over to the police. Police checked the recovered fake currency notes on a machine and then seized them all. PW 2 Lovely Ahuja deposed that his statement Ex. PW2/A was recorded by police in this regard. PW-2 Lovely Ahuja correctly identified accused Akib and Wakar @ Sakir during the course of trial. PW-2 Lovely Ahuja also identified the fake currency note bearing No. BFK-838032 during the course of trial. He also identified the other fake currency notes recovered from accused Akib and Wakar @ Sakir at the relevant time Ex.P-3(colly) and Ex.P-4(colly). During the course of cross-examination by accused Akib and Wakar @ Sakir, PW-2 LOVLEEN Lovely Ahuja deposed as under:-
Digitally signed by LOVLEEN Date: 2025.02.0715:35:29 +0530 FIR No: 48/2020 State vs. Akib and Ors. 11/25 " .........................I did not accompanied 5 / 6 persons to the booth, however, I went to booth later on.........................
(PW-2 Lovely Ahuja in his cross-examination dated 20.08.2024 on behalf of accused Wakar.) ..........................When the accused came to my shop, I was alone and no other person present. I do not maintain any record of selling of goods against which the customer do not demand for bill. The shop at which I went to get change the currency note of Rs.
2,000/- situated at the distance of 10 meters from my shop. When I went for getting change the currency notes, the accused remained at my shop. I returned to my shop within 5 minutes from the shop namely Bajaj Medical, where I went to get change the currency note. Till I returned to my shop the accused persons had not run away from my shop. When I came back my shop I asked the accused persons to come with me to Bajaj Medical Shop and they accompanied me to the shop of Bajaj Medical and they did not tried to run away. I do not remember as to how much time I remained with accused persons at the shop of Bajaj Medical. I and the owner of Bajaj Medical Shop did not made call to police at 100 number after coming to know that the currency note are fake. At that time some employees of Bajaj Medical were also present at the shop. The Bajaj Medical owner took the search of accused persons at his shop and at that time no police official was present there. The recovered currency notes were in the hands of the Bajaj Medical owner-neither the said notes were put back in the pocket of the accused persons nor did the Bajaj Medical owner kept the same with him. I do not know who handed over the said currency notes to police at police both as I did not accompany them to police both in the beginning-I went later on. It is wrong to suggest that I went to police both in the beginning itself when the currency notes were handed over to the police. It is wrong to suggest that I am deliberately concealing the identity LOVLEEN of the person who handed over the currency notes to Digitally signed by LOVLEEN FIR No: 48/2020 State vs. Akib and Ors. 12/25 Date: 2025.02.07 15:35:33 +0530 the police. Vol. I did not go in the beginning as there was no one else to attend to my shop. I had returned to my shop from police booth. Vol. I was later called to PS Kotla Mubarakpur. I do not remember the time. I do not remember who called me to police booth. Accused persons were in the police booth when I reached there. I do not remember if any other shop keeper was also available there at that time. Police made enquiries from me in the police booth and also took notes on an A4 paper, I do not remember if I had put signatures on the said paper........................" (PW-2 Lovely Ahuja in his cross-examination dated 20.08.2024 on behalf of accused Akib.) (emphasis supplied)
15. It is apparent from the above cross-examination that PW-2 Lovely Ahuja clearly and categorically states:- (i) that after being handed over a currency note of Rs. 2000/- by accused Akib & Wakar @ Sakir he went to 'Bajaj Medical shop' to seek the change at the relevant time, (ii) that upon learning that the currency note handed over by accused Akib and Wakar @ Sakir to him was fake, he took both of them to Bajaj Medical shop; (iii) that the owner of Bajaj Medical shop then searched the accused Akib and Wakar @ Sakir and recovered remaining fake currency notes from their possession; (iv) that he (PW-2) did not produce the accused Akib and Wakar @ Sakir before ASI Rajesh Kumar at the police booth. Prosecution has not bothered to cross-examine PW-2 Lovely Ahuja qua the said assertions, which are admittedly contradictory to the story put forth against the accused Akib and Wakar @ Sakir. In the considered opinion of this Court, PW-2 Lovely Ahuja has created a reasonable doubt as to the story put forth by the prosecution against the accused Akib and Wakar @ Sakir, particularly with respect to (a) the LOVLEEN discovery of multiple fake currency notes worth Rs. 2,000/- in the Digitally signed by LOVLEEN FIR No: 48/2020 State vs. Akib and Ors. 13/25 Date: 2025.02.07 15:35:36 +0530 possession of accused Akib and Wakar @ Sakir (as per prosecution story, 29 fake currency notes were recovered from the possession of accused Akib and Wakar @ Sakir at police booth) , (b) the seizure of said fake currency notes from the possession of accused Akib and Wakar @ Sakir (as per prosecution story, all the fake currency notes were seized from accused Akib and Wakar @ Sakir at the police booth) and (c) the recording of statement Ex. PW2/A of PW-2 Lovely Ahuja (as per prosecution story, the said statement was recorded before the seizure of 29 fake currency notes from the possession of accused Akib and Wakar @ Sakir). The above contradictions are overwhelming in nature and could not be brushed aside lightly. That being so, it would not be safe or appropriate to act upon the oral testimony of PW-2 Lovely Ahuja with respect to the above aspects. Be that as it may, the said facts are not sufficient to discard the oral testimony of PW-2 Lovely Ahuja with respect to his assertions as to the handing over of a fake currency note by accused Akib and Wakar @ Sakir (to him) for purchase of a wallet at the relevant time, which assertion of PW-2 Lovely Ahuja has gone unchallenged and unrebutted as far as the accused Wakar @ Sakir is concerned. In fact, the cross-examination of PW-2 Lovely Ahuja by accused Akib does not reflect any serious challenge made to his said assertion either. In the facts and circumstances, this Court finds it appropriate to hold that the prosecution's case is supported by PW 2 Lovely Ahuja as to the fact that accused Akib and Wakar @ Sakir had handed over a fake currency note to PW-2 Lovely Ahuja for the purchase of a wallet at the relevant date, time and place.
16. PW-5 Devendra Bassi deposed that at the relevant date and time, Police had come to his store namely 'Bajaj Medical Store' for testing the Digitally signed by LOVLEEN LOVLEEN Date:
2025.02.07 FIR No: 48/2020 State vs. Akib and Ors. 14/25 15:35:40 +0530 genuineness of 30 currency notes in the denomination of Rs.2,000/- each. He deposed to have checked the said currency notes on a machine, which reported that the same were fake. The cross-examination of PW-5 Devendra Bassi does not reflect any serious contest to his above oral testimony. In fact, none of the accused persons have bothered to challenge the fact that Police had arrived at his store at the relevant time for getting the recovered currency notes tested. In the entire facts and circumstances, this Court does not find any reason to discard the oral testimony of PW-5 Devendra Bassi.
17. PW-6 Ct. Satender and PW-12 ASI Rajesh Kumar have clearly and categorically deposed during trial that at the relevant date and time, they both were present at police booth, INA Market when PW-2 Lovely Ahuja and some other shopkeepers arrived before them and produced the accused Akib and Wakar @ Sakir. Both the said witnesses deposed about the facts narrated to them by PW-2 Lovely Ahuja regarding the fake currency note handed over by accused Akib and Wakar @ Sakir in order to purchase a wallet from his shop. Both further deposed about the seizure of said fake currency note and also about the recovery of 29 fake currency notes of Rs. 2,000/- each from the possession of accused Akib and Wakar @ Sakir. PW-12 ASI Rajesh Kumar also deposed that one Ajay (PW-1) also arrived at the police booth and handed over a currency note in the sum of Rs. 2,000/- while stating that the accused Akib and Wakar @ Sakir had purchased a Ponds cream using the said currency note and that the said currency note was also seized. Both witnesses further deposed about the recovery of some genuine currency as well from accused Akib and Wakar @ Sakir. Both further deposed about the recording of statement of PW-2 Lovely Ahuja and registration of FIR on LOVLEEN Digitally signed by FIR No: 48/2020 State vs. Akib and Ors. 15/25 LOVLEEN Date: 2025.02.07 15:35:43 +0530 the basis of rukka prepared by ASI Rajesh Kumar. Both correctly identified accused Akib and Wakar @ Sakir during the course of trial. Both were subjected to cross-examination on behalf of accused Akib and Wakar @ Sakir and both seem to have withstood the test of cross- examination. Under ordinary circumstances, this Court would not have hesitated to act upon the oral testimony of PW-6 Ct. Satender and PW-12 ASI Rajesh Kumar. However, in the present case, the oral testimony of PW-6 Ct. Satender and PW-12 ASI Rajesh Kumar is in direct contradiction with the statements made by PW-2 Lovely Ahuja with respect to the (a) the discovery of multiple fake currency notes worth Rs. 2,000/- in the possession of accused Akib and Wakar @ Sakir, (b) the seizure of said fake currency notes from the possession of accused Akib and Wakar @ Sakir and (c) the time of recording of statement Ex. PW2/A of PW-2 Lovely Ahuja. In such circumstances, this Court must proceed to assess the reliability of oral testimony of PW-6 Ct. Satender and PW-12 ASI Rajesh Kumar with extra caution.
18. Having gone through the oral testimony of PW-6 Ct. Satender and PW-12 ASI Rajesh Kumar, this Court has noted that accused Akib and Wakar @ Sakir have made multiple admissions corroborating the case of the prosecution set up against them. The relevant portion of the cross-examination of both the said witnesses is reproduced below:-
"............The complainant brought the accused to the booth at about 12:30 PM. He was accompanied by several shopkeepers but I do not remember their exact number/ counting............"
(PW-6 Ct. Satender in his cross-examination dated 15.02.2024 on behalf of accused Wakar.) "............The fake currency notes of Rs. 2000/- was LOVLEEN FIR No: 48/2020 State vs. Akib and Ors. 16/25 Digitally signed by LOVLEEN Date: 2025.02.07 15:35:48 +0530 given by Lovely Ahuja to the IO and he told that it was given to him by the accused............... After production of the said currency notes the same was sealed in a parcel immediately and it was not sent to any where to check its genuinenity................" (PW-6 Ct. Satender in his cross-examination dated 15.02.2024 on behalf of accused Akib.) "..............A number of public persons had come when the accused Akib and Waqar were produced before me by the complainant. Some of the said public persons were working in the said market. I asked some of the shopkeepers to witness the proceedings but all of them stated that complainant Lovely shall proceed in the matter. The shop keepers were present when Lovely produced the fake currency notes of Rs.
2000/-........................"
(PW-12 ASI Rajesh Kumar in his cross-examination dated 07.10.2024 on behalf of accused Wakar.) "..............When the accused persons were produced before me the accused persons were not tied with rope nor was caught hold by any public persons. I had not informed about the handing over of fake currency notes of Rs. 2000/- by the witness Lovely Ahujha to the PS in writing......................... Recovered currency notes were not seized immediately after the personal search of the accused persons. Firstly, I got checked the currency notes from Devender Bassi who works at Bajaj Medical Store. Then I got the same photocopied. Then the rukka bearing all the details of the said currency notes was prepared.................During the investigation I came to know that the currency notes handed over to me by Lovely Ahuja was not given to him by accused Akib.................."
(PW-12 ASI Rajesh Kumar in his cross-examination dated 07.10.2024 on behalf of accused Akib.)
19. It is apparent from the above extracts of cross-examination of the relevant witnesses that the accused Akib and Wakar @ Sakir have LOVLEEN Digitally signed FIR No: 48/2020 State vs. Akib and Ors. 17/25 by LOVLEEN Date: 2025.02.07 15:35:52 +0530 admitted (i) that both of them were produced before PW-6 Ct. Satender and PW-12 ASI Rajesh Kumar by PW-2 Lovely Ahuja and some other shopkeepers at the relevant time, (ii) that PW-2 Lovely Ahuja produced a fake currency note worth Rs. 2,000/- with an assertion that the same was handed over to him by the accused Akib and Wakar @ Sakir against the purchase of a wallet at the relevant time and (iii) Police effected recovery of fake currency notes of the denomination of Rs. 2,000/- from the accused Akib and Wakar at the relevant time. All the above admissions are binding upon the accused Akib and Wakar @ Sakir in view of the observations made by Hon'ble Supreme Court in Balu Sudam Khalde and Anr. Vs. State of Maharashtra 2023 SCC Online SC 355 . The accused Akib and Wakar @ Sakir having made said admissions during the cross-examination of said witnesses, could not be permitted to raise a dispute as to the said aspects during final arguments. As such, all the relevant arguments raised by the accused in order to dispute the above facts are liable to be discarded and rejected summarily. In such circumstances, this Court finds the oral testimony of PW-6 Ct. Satender and PW-12 ASI Rajesh Kumar to the consistent, trustworthy and worth acting upon qua the above aspects sought to be proved by the Prosecution against the accused Akib and Wakar @ Sakir. Here, this Court must specifically note that both PW6 Ct. Satender and PW 12 ASI Rajesh Kumar have deposed categorically that statement Ex. PW2/A of PW2 Lovely Ahuja was recorded by PW 12 ASI Rajesh Kumar. That assertion of said witnesses have gone unchallenged and unrebutted. Consequently, it could be held that the said fact has been proved on record by prosecution.
LOVLEEN Digitally signed by LOVLEEN FIR No: 48/2020 State vs. Akib and Ors. 18/25 Date: 2025.02.07 15:35:55 +0530 Recovery of fake currency notes from accused Munish Ahmed.
20. As per prosecution, accused Akib and Wakar @ Sakir disclosed to the police that they had been handed over the recovered fake currency notes by accused Munish Ahmed. Accused Munish Ahmed was formally arrested in the present case, who made a disclosure statement to the effect that he got hold of the fake currency notes from one Rohit who is resident of Bihar. Police took the custody of accused Munish Ahmed and travelled to District Mujafarpur, Bihar to trace and apprehend the said Rohit, but he remained untraced. Accused Munish Ahmed was brought back to Delhi, where he made a further disclosure that he could get recovered a few more fake currency notes from his residence. Acting upon the said disclosure statement, Police recovered 03 fake currency notes in the denomination of Rs. 2,000/- from the house of accused Munish Ahmed.
21. Prosecution examined PW-6 Ct. Satender and PW-12 ASI Rajesh Kumar to prove (i) the disclosure statements made by accused Akib and Wakar @ Sakir as to the involvement of accused Munish Ahmed in the present case, (ii) the arrest of accused Munish Ahmed from his house at the relevant time, (iii) the disclosure statements made by accused Munish Ahmed as to the involvement of one Rohit (from Patna) in the supply of fake currency notes. Prosecution examined PW-9 HC Lalit Kumar and PW-12 ASI Rajesh Kumar in order to prove that a Police party led by PW-12 ASI Rajesh Kumar went to Patna alongwith accused Munish Ahmed in search of said Rohit. Prosecution further examined PW-7 Ct. Ravinder, PW-8 Ct. Giriraj Saini and PW-12 ASI Rajesh Kumar to prove the supplementary disclosure statement made by accused Munish Ahmed LOVLEEN with respect to availability of some fake currency notes in his house at Digitally signed by LOVLEEN Date: 2025.02.07 FIR No: 48/2020 State vs. Akib and Ors. 19/25 15:35:58 +0530 Delhi and the consequential recovery of said 03 fake currency notes from the house of accused Munish Ahmed. All the said witnesses deposed in line with the above case put forth by the prosecution against the accused Munish Ahmed. They were cross-examined on behalf of accused Munish Ahmed, but none of them betrayed any signs of falsity or untruth. All of them seem to have withstood the test of cross-examination. Here, it would be appropriate to mention that during the course of cross- examination of said witnesses, accused Munish Ahmed has impliedly admitted:- (i) that he was arrested from his residence by the police at the relevant date and time; (ii) that he had made a disclosure about the involvement of said Rohit to the police; (iii) that police subsequently recovered fake currency notes from his residence at the relevant date and time. The relevant portion of cross-examination of PW-7 Ct. Ravinder, PW-8 Ct. Giriraj and PW-12 ASI Rajesh Kumar is reproduced below for ready reference:-
"............ Recovery was effected from ground floor. Family members of the accused were present in the house at that time. I can not tell the description of those family members. IO asked the family members of accused to join the investigation regarding recovery of currency notes but they refused."
(PW-7 Ct. Ravinder in his cross-examination dated 30.04.2024 on behalf of accused Munish.) "............ Recovery was effected from ground floor. Family members of the accused were present in the house at that time. I can not tell the description of those family members. Family persons were got joined the investigation regarding recovery of currency notes." (PW-8 Ct. Girraj Saini in his cross-examination dated 30.04.2024 on behalf of accused Munish.) LOVLEEN "............ We reached at the house of accused Munish Digitally signed by LOVLEEN Date: 2025.02.07 FIR No: 48/2020 State vs. Akib and Ors. 20/25 15:36:03 +0530 within 15 minutes. We called accused Munish out of his house and he was arrested outside of his house. All the documents were prepared in the gali outside house of accused. I immediately informed the family member of accused regarding the arrest of accused and also explained the reason of his arrest. I did not serach the house of accused on the day and time of arrest i.e. in the intervening night of 23/24.02.2020. The accused Munish had disclosed the address of accused Rohit S/o Sh. Nagender, Village Pakari, PS Masaurhi, Bihar. .......................................... At the time of recovery, from the house of accused Munish I did not join any family member or the neighbour as witness of the recovery. The currency notes were pointed out by accused as the same were lying beneath the matress of the bed. I did not make any videography or photography regarding the process of recovery. ........................ After returning from Bihar, on 28.02.2020 the accused made the second disclosure statement and in pursuant of which he got recovered three fake currency notes from his house................... (PW-12 ASI Rajesh Kumar in his cross-examination dated 07.10.2024 on behalf of accused Akib.)
22. The said admissions are binding upon the accused in view of the observations made by Hon'ble Supreme Court in Balu Sudam Khalde and Anr. Vs. State of Maharashtra 2023 SCC Online SC 355 . The accused Munish Ahmed having made said admissions during the cross- examination of said witnesses, could not be permitted to raise a dispute as to the said aspects during final arguments. As such, all the relevant arguments raised by the accused in order to dispute the above facts are liable to be discarded and rejected summarily. In such circumstances, this Court finds the oral testimony of PW6 Ct. Satender, PW-7 Ct. Ravinder, PW-8 Ct. Giriraj and PW-12 ASI Rajesh Kumar to the LOVLEEN consistent, trustworthy and worth acting upon qua the above aspects Digitally signed sought to be proved by the Prosecution against the accused Akib and by LOVLEEN Date: 2025.02.07 15:36:06 +0530 FIR No: 48/2020 State vs. Akib and Ors. 21/25 Wakar @ Sakir.
Expert Evidence as to counterfeit nature of the recovered currency notes
23. As per prosecution, the currency notes recovered from accused Akib, Wakar @ Sakir and Munish Ahmed were forwarded to Currency Note Press, Nasik which confirmed the fact that the recovered notes were counterfeit in nature. In order to prove the said facts, the prosecution examined PW-13 P.P. Kulkarni.
24. PW-13 Sh. P.P. Kulkarni, Manager (Technical Operation for Chief General Manager), Currency Note Press, Nasik Road, Maharashtra deposed to have received 34 currency notes from Delhi Police in sealed parcels at the relevant time. He further deposed to have examined all the said currency notes and to have discovered that the same were fake and counterfeit in nature. He prepared detailed report Ex.PW-12/H in this regard. His brief cross-examination does not reflect any inconsistency with respect to his opinion on the subject matter. Accused persons only put certain suggestions to the effect that the equipment employed by PW-12 Sh. P.P. Kulkarni was uncalibrated and in-operational at the relevant time. However, the same were promptly declined by the witness. In the entire facts and circumstances, this Court does not find any reason to discard the oral testimony of PW-12 Sh. P.P. Kulkarni. As such, it could be safely held that the prosecution has been able to prove all the relevant facts it sought to prove through the oral testimony of above said witness.
Investigation
25. Rest of the witnesses examined by the prosecution have deposed about their respective roles before and after the registration of FIR No. LOVLEEN FIR No: 48/2020 State vs. Akib and Ors. 22/25 Digitally signed by LOVLEEN Date: 2025.02.07 15:36:11 +0530 48/2020 PS K.M. Pur. PW-3 ASI Santosh Kumar is the Duty Officer, who recorded the said FIR on the basis of rukka sent in by PW-12 ASI Rajesh Kumar. During the course of trial, he proved the copy of FIR and the certificate issued u/s 65B of Indian Evidence Act in respect of said FIR. PW-10 HC Ram Babu deposed that in pursuance of a road certificate issued for the transport of certain envelopes to Currency Note Press, Nasik, he went to Nasik, Maharashtra and deposited the said envelopes in the Currency Note Press, Nasik, Maharashtra. He further deposed that the envelopes remained untampered while the same were in his custody. PW-11 HC Vijender is the MHC(M), PS K.M. Pur. He proved the entries made in relevant registers at the time of deposit of fake currency notes by PW-12 ASI Rajesh Kumar in the malkhana and at the time of forwarding of the fake currency notes to Currency Note Press, Nasik. All the said witnesses, except PW-3 ASI Santosh Kumar, were cross-examined in brief on behalf of the accused, but none betrayed any signs of falsity or untruth. They seem to have withstood the test of cross- examination. This Court finds their oral testimony to be reliable, trust worthy and worth acting upon. Moreso, in view of the substantial admissions made by all the accused persons during the course of trial.
Adjudication as to Charges
26. Having adjudicated the facts established on record by the prosecution, now this Court proceeds to assess whether the said facts justify the charges framed against the accused.
27. It must be observed here that the prosecution has established on record that at the relevant date and time, accused Akib and Wakar @ LOVLEEN Digitally signed FIR No: 48/2020 State vs. Akib and Ors. 23/25 by LOVLEEN Date:
2025.02.07 15:36:14 +0530 Sakir went to the shop of informant Lovely Ahuja and there accused Akib purchased a wallet Ex.P-1 worth Rs. 200/-. A currency note of denomination Rs. 2,000/- Ex.P-2 was handed over to informant Lovely Ahuja for the said purchase. Informant Lovely Ahuja was not possessed of the 'change' due to be returned to accused Akib and Wakar @ Sakir. As such, he went to a neighbouring shop to seek the 'change'. There, the informant learnt that the said currency note was fake. With the help of other shopkeepers, informant Lovely Ahuja produced the accused Akib and Wakar @ Sakir at the nearby police booth. At the police booth, ASI Rajesh Kumar was apprised about above facts. The fake currency note handed over to informant Lovely Ahuja was seized by police. Accused Akib and Wakar @ Sakir were cursorily searched and from their respective possession as many as 11 and 18 fake currency notes each in the denomination Rs.2,000/- were recovered Ex.P-3(colly) and Ex.P-4 (colly). All the said fake currency notes were also seized. During the course of interrogation, accused Akib and Wakar @ Sakir disclosed that they had obtained the fake currency notes from one Samir and Munish Ahmed (co-accused). Acting upon the said disclosure, ASI Rajesh Kumar effected the arrest of said Munish Ahmed, who disclosed that he used to source the fake currency notes from Rohit, who used to meet him in Patna. ASI Rajesh Kumar made attempts to apprehend and arrest the said Rohit, but the said person remained untraced. Subsequently, accused Munish Ahmed made a disclosure about and then got recovered 03 fake currency notes from his home situated in Khanpur, New Delhi.
Police forwarded the recovered fake currency notes to Currency Note Press, Nasik for obtaining the expert opinion as to the genuineness or Digitally otherwise of the same. Currency Note Press, Nasik reported that all the signed by LOVLEEN LOVLEEN Date:
2025.02.07 15:36:18 +0530 FIR No: 48/2020 State vs. Akib and Ors. 24/25 currency notes forwarded by police were counterfeit in nature.
28. In the above facts and circumstances, accused Akib and Wakar @ Sakir stand convicted u/s 489-B IPC and 489-C IPC. Accused Munish Digitally signed Ahmed is convicted u/s 489-C IPC. by LOVLEEN Date: LOVLEEN 2025.02.07 15:36:22 +0530 Dictated and Announced in open Court on 07.02.2025 (Lovleen) ASJ-03 (South- East), Saket Courts, New Delhi FIR No: 48/2020 State vs. Akib and Ors. 25/25