Delhi District Court
State vs . Prince on 30 September, 2013
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IN THE COURT OF SH. MUKESH KUMAR, LD. ACMM :SOUTH DISTT.:
DISTRICT COURT SAKET: NEW DELHI
State Vs. Prince
PS Saket
FIR No. 50/12
U/s 420/471 IPC
JUDGMENT
a) Serial number / ID of the case : 02406R0099112012
b) Date of commission of offence : 10.02.2012
c) Name of the complainant, if any : Sh. Ajay Kumar Jain, Ld. ASJ, Saket Court Complex, New Delhi.
d) Name & address of accused : Prince
S/o Sh. Sh. Shyam Lal
R/o H.No. B212, Near MCD
School, Duggal Colony,
Khanpur, New Delhi.
e) The offence complained off : U/s 420/471 IPC
f) The plea of accused : Not pleaded guilty.
g) Final order : Conviction
h) The date on which order was reserved: Not reserved for.
h) The date of such order : 30.09.2013 -2- BRIEF STATEMENT OF REASONS FOR THE DECISION:
1. By this judgment I shall dispose of case of the prosecution based on FIR No. 50/12 PS Saket.
2. The allegations against the accused as per the story of prosecution are that on 10.02.2012, during the court proceedings at Saket Court within the Jurisdiction of PS Saket, accused had committed cheating by dishonestly filing birth certificate in the court of Sh. A.K. Jain, Ld. ASJ, Saket in order to obtain judicial favour in the court proceedings showing his age to be below 18 years and he made the court to believe that he is a juvenile and thereby committed an offence punishable U/s 420 IPC and within the cognizance of this court.
Secondly, on the aforesaid date, time and place, accused have filed / used a forged birth certificate in the court of Sh. A.K. Jain, Ld. ASJ, Saket showing accused as Juvenile which he knew the said certificate is a forged document and accused thereby committed an offence punishable U/s 471 IPC and within the cognizance of this court.
3. After investigation, chargesheet was filed. Accusation of allegations U/s 420/471 IPC were explained to the accused. Accused pleaded not guilty and claimed trial.
4. To prove their case, prosecution examined Sh Aruna Sharma as PW01, -3- Asst. Ahlmad in the court of Sh. A.K. Jain, Ld. ASJ who produced the original judicial file of FIR No. 87/10 U/s 302 IPC PS Ambedkar Nagar which contents the original inquiry report of HC Mahavir Singh regarding veracity of the birth certificate filed by the accused. The copy of the same is Ex.PW1/A (OSR). The copy of order dated 21.12.2011 of Ld. ASJ Sh. A.K. Jain is Ex.PW1/B running into 8 pages (OSR). The copy of order dated 11.01.2012 of Ld. ASJ Sh. A.K. Jain is Ex.PW1/C running into 2 pages (OSR).
5. PW2 Smt. Raj Kumari Devi, Pradhan of village Jalokari, who deposed that on 18.09.2012, police had come to her and had shown one letter/certificate dated 31.01.2011 and some writings written on the letter head which was printed in her name, mobile numbers and address. The said letter head also contains the stamp of her name. After seeing the same, she told the police that she had not written the same and have also not put any stamp impression on the said letter head. The said letter is of a fake one and somebody must have forged the letter and she had never written this letter to anyone. The police recorded her statement. The said letter is Ex.P1.
6. PW3 Smt. Sushila, health worker in Gramin Maatra Shishu Avam Kalyan Upkendra, Jalokhri, Aligarh U.P who deposed that on 18.09.2012 the police came to her and had shown one birth certificate purported to have been issued from the said Upkendra and after going through the same, she told the -4- police that the said birth certificate was never issued from her office in the name of Prince and she also told to the police that stamp impression appearing on the said certificate has also never been put by anyone of her office. The said certificate is forged and has never been issued from her office. Police recorded her statement which is available on record file as Ex.P2.
7. PW4 Sh. Vinod Kumar who produced the entire Judicial file of case FIR No. 87/10 of PS Ambedkar Nagar U/s 302 IPC titled as State Vs. Prince which contains the birth certificate of accused Prince which he had furnished before the Ld. ASJ, Sh. A.K. Jain, Saket. The entire judicial file is Ex. P1(OSR).
8. PW5 HC Manbir Singh who deposed that in February, 2011 two certificates of accused Prince were entrusted to him by Sh. A.K. Jain, Ld. ASJ, Saket for inquiry on which he made thorough enquiry and found that the certificates are forged one. He submitted his report which is Ex. PW 1/A and certificates are Ex.P1 & Ex. P2. Order of Ld. ASJ is ExJ.
9. PW06 SI Vijay Pal who deposed that on 10.02.2013, he was DO at PS Saket and on that day, at about 7:30 PM, SI Nitu Singh came and handed over him a rukka for registration of FIR on the basis of which, he registered the FIR on computer. Copy of the same is Ex. P6/A(OSR) and made endorsement on the rukka vide Ex. PW 6/B. -5-
10. PW07 SI Nitu Singh who deposed that on 21.12.2013, he was posted at PS Saket and on that day a court order alongwith original documents was received to SHO PS Saket and the same was marked to him. He made endorsement on the same. His endorsement is Ex. PW 7/A and got registered the FIR. He came to the court and took permission to interrogate the accused and he went to Tihar Jail and interrogated the accused and the accused gave disclosure statement to him. He recorded his disclosure statement vide Ex. PW 7/B and made formal arrest of the accused at Tihar Jail no.7 vide memo Ex. PW 7/C. He also verified the documents and found that the said documents are forged one. His report is already Ex. PW 1/A. Thereafter, he filed chargesheet against the accused before the court.
11. After the examination of all the witnesses, PE of the prosecution was closed and accused was examined U/s 313 Cr.PC in which no DE was lead by the accused.
12. Final arguments were heard.
I have gone through the documents on record, evidence and submissions forwarded by Ld. LAC appearing for the accused and Ld. APP for the State.
13. There are allegations against the accused that while he was facing trial -6- in a murder case, he has produced birth certificate and a certificate issued by the Gramin Maatra Sishu Avam Kalyan UpKendra for claiming juvenality before the court of Ld. ASJ which was on enquiry found forged and fabricated and present FIR has been registered in compliance of the orders passed by Ld.ASJ.
14. There are minor contradictions in the crossexaminations of witnesses which are not helpful to the case of accused. As it is established on record that accused while appearing before the court of Ld. ASJ, one of his known has moved the application for claiming juvenality and also filed certain documents in support of his juvenality which was later on found forged and fabricated which is duly substantiated and corroborated by the evidence of PW02 and PW03.
It is submitted by Ld. LAC that documents in question was not produced or procured by the accused and therefore accused is not liable for conviction for the offences which was not committed by him. This argument of Ld. defence counsel is not having any force as the documents which has been produced before the court, was well within the knowledge of the accused as the same has been produced for his benefit for claiming juvenality. Therefore, accused cannot be allowed to take benefit that he was not aware about the documents or the same has been produced by his counsel at the instance of accused for his benefit.
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15. In these circumstances, I am of the considered opinion that prosecution has been able to prove its case beyond reasonable doubt that the accused tried to mislead the court of Ld. ASJ by filing forged and fabricated documents and tried to take advantage.
Therefore, accused is Prince S/o Sh. Shyam Lal is convicted in the present case for the offence U/s 420/471 IPC.
Announced in the open court today i.e. 30th September, 2013 (Mukesh Kumar) Addl.Chief Metropolitan Magistrate South Distt. Saket Courts Complex New Delhi -8- State Vs. Prince PS Saket FIR No. 50/12 U/s 420/471 IPC 30.09.2013 Present: Ld. APP for the State.
Accused produced from JC with LAC.
Final arguments heard.
Today case is listed for final judgment.
Vide separate judgment announced and dictated in the open court today, the accused Prince S/o Sh. Shyal Lal is convicted for the offences U/s 420/471 IPC in this case.
Arguments on the point of sentence also heard.
Ld. LAC appearing for the accused prayed for lenient view. On the other hand Ld. APP for the state submitted that maximum punishment provided in the law may be sentenced to the accused. Perusal of the record reveals that accused remained in JC since 25.02.2012 and also facing trial in a murder case.
Accordingly, keeping in view the facts, circumstances and nature of offence as well as period of custody, accused is sentenced for the period already undergone.
He be released, if not wanted in any other case.
-9-Copy of order and judgment be given to the accused free of cost. File be consigned to record Record Room after due compliance.
Announced in the open court today i.e. 30th September, 2013 (Mukesh Kumar) Addl.Chief Metropolitan Magistrate South Distt. Saket Courts Complex New Delhi