Delhi District Court
State vs . Rajesh Tyagi & Ors. on 19 September, 2011
IN THE COURT OF SH. SANJAY BANSAL ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE02 (NORTH) DELHI
Case No. Unique Case ID No. : 02401R0002461992
State Vs. Rajesh Tyagi & Ors.
FIR No. 103/90
Challan No. 1
U/s : 420/468/471/419/507/201/120B IPC
PS: Maurice Nagar (Crime Branch)
Date of institution: 19.9.1992
Judgment Reserved on: 9.9.2011
Date of Judgment: 19.9.2011
JUDGMENT
a) Serial No. of the case 02401R0002461992
b) Date of commission of the In July, 1990
offence
c) Name of the complainant Sh. Vijay Goyal
d) Name of the accused person, and (1) Rajesh Tyagi S/o Sh. Bal Mukund R/o 23
his parentage and address. Krishna Market, Main Bazar, Paharganj, Delhi.
(2) Bharat Lal S/o Late Sh. Kirori Mal R/o
1/5371, Gali No. 14, Balvir Nagar Extn, Delhi
(3) Sudhir Gupta S/o Sh. Prem Sagar R/o M3, A4,
Dilshad Garden, Delhi.
(4) Shahid Iqbal S/o Sh. Amir Ahmed R/o 9996,
Gali Nawab Wali, Nawab Ganj, Azad Market,
Delhi
(5) Nasiruddin Shah S/o Late Sh. Noorudin Shah
R/o 416, Matia Mehal, Jama Masjid, Delhi.
e) Offence complained or proved U/s 420/468/471/419/507/201/120B IPC
f) Plea of the accused Plead not guilty and claimed trial
g) The final order All acquitted
h) Date of such order 19.9.2011
FIR No. 103/90 PS Maurice Nagar (Crime Branch) Page 1 of 7
BRIEF STATEMENT OF THE REASONS FOR THE DECISION OF THE CASE:
1. A complaint was received on 27.11.1990 from Sh. Vijay Goyal, Member, Executive Council. It was alleged in the complaint that on the basis of fake and forged certificates some students had taken admission in Ramjas College, Delhi University. Names of some students were also mentioned. It was also alleged that complainant had received anonymous threatening phone calls. The case was registered on the basis of this complaint. The investigation was taken up. The record from the college was collected. The educational record was got verified. It was revealed that there was a racket being run to get students admitted into college on the basis of fake educational record. Various accused persons including the students were arrested. These accused persons had allegedly provided the fake documents to the students who got admission in Ramjas College. After completion of investigation chargesheet was filed u/s.
420/468/471/419/507/201/120B IPC. The present case is challan no. 1 against those who had allegedly provided the forged documents to the students and some of the students. Other challans were filed separately against the remaining students.
2. After appearance of all the accused, Sec.207 Cr.PC was complied with. Charges were framed against all the accused persons on 9.9.2000. Accused Rajesh Jain, Vipul Kumar Kohli, Vishal Girdhar, Rishi Kumar, Sunil Kumar Gupta and Vipin Oberoi were jointly charged for the offences punishable u/s 420 and 468 IPC. Accused Rajesh Tyagi, Bharat Lal, Shahid Iqbal, Virender Sharma, FIR No. 103/90 PS Maurice Nagar (Crime Branch) Page 2 of 7 Nasruddin Shah and Sudhir were jointly charged for the offences punishable u/s 120B, 420 and 468 IPC. Accused Sajiv Kumar Mittal, Manish Chadha and Pawan Bakshi were jointly charged for the offences punishable u/s. 420 and 468 IPC. All the accused pleaded not guilty and claimed trial.
3. To prove its case prosecution examined various witnesses such as PW1 Daya Ram, PW1 again Insp. Ram Singh, PW3 M.P. Kaushik, PW4 Insp. Devender Manchanda, PW5 Dr. R.H. Chawla, PW6 Sh. S.L. Mukhi, PW7 ASI Raj Kumar, PW8 ASI Brij Pal, PW9 Ramesh Chand and PW5 (again) Vijay Goyal. The PW numbers are the same as are mentioned on the file.
4. During pendency of the trial accused Vipin Oberoi, Rishi Kumar, Vishal Girdhar, Rajesh Jain, Vipin Kumar Kohli, Pawan Bakshi, Sunil Kumar Gupta, Manish Chadha, Virender Sharma and Sanjiv Kumar Mittal pleaded guilty and were accordingly convicted.
5. Statements of accused Rajesh Tyagi, Bharat Lal, Sudhir Gupta, Shahid Iqbal, and Nasaruddin Shah u/s. 313 Cr.PC were recorded. None of these accused led any defence evidence.
6. I have heard Ld. APP for State and Ld. Counsels for the accused persons. I have perused the record.
7. PW5 (again) is the complainant. He deposed that on 22.11.1990, he was working as Member of Executive Council of Delhi University. He came to know that a large number of admissions were made on the basis of false and fake educational documents in Ramjas College. He deposed that the students were taking admission on the basis of fake provisional certificate/marksheets/ scheduled FIR No. 103/90 PS Maurice Nagar (Crime Branch) Page 3 of 7 caste certificates. He made complaint Ex.PW5/A. He deposed that he also received threatening calls from unknown person.
8. PW6 is the FSL expert. He was examinedinchief partly and thereafter did not appear. As such his testimony cannot be read.
9. PW5 was Vice Principal of Ramjas College in 1990. He deposed that on 1.12.1990 he handed over some documents to the police which were given to him by Dr. Rajender Prasad, the Principal of the said college. The documents were seized vide memo Ex.PW4/B1. On 6.8.1990 he had given some documents vide Ex.PW4/A16 alongwith forwarding letter Ex.PW4/B.
10. PW1 deposed that he was principal of Govt. Boys Sr. Sec. School, New Friends Colony, New Delhi in 1990. He has deposed about some school record of the accused persons who were students who had got admission in the Ramjas College. Since these accused have already pleaded guilty, testimony of PW1 is not being discussed in detail.
11. PW2 deposed that on 15.12.1990 he was with SI R.K. Pathak. Accused Sanjiv Mittal was in custody of SI R.K. Pathak and they conducted search of his house and certificates Ex.PW1/A, B and C were found. Since these documents were relevant only against the students who have pleaded guilty, this evidence is also not being discussed in detail.
12. PW3 deposed about producing some documents Ex.PW3/A1 to A4 which were seized vide memo Ex.PW3/A5.
13. PW4 deposed that on 1.12.1990 he had joined investigation with SI R.K. Pathak. He deposed that Dr. Rajendra Prasad, the principal of Ramjas College, FIR No. 103/90 PS Maurice Nagar (Crime Branch) Page 4 of 7 produced documents of 15 students who had got admission on the basis of forged documents. These documents are Ex.PW4/A1 to A64 and were seized vide memo Ex.PW4/B1. He deposed that Dr. R.S. Chawla, Vice Principal produced documents of admission guidelines. The copy is Ex.PW4/B2 and which was seized vide memo Ex.PW4/B3. He also deposed about various other documents which were seized. The documents are Ex.PW4/B4 to B8 which were seized vide memo Ex.PW4/B9. Further documents are Ex.PW4/B10 which were seized vide memo Ex.PW4/B11. Similarly, documents Ex.PW4/C1 to C17 were seized vide memo Ex.PW4/D. PW4 also deposed about arrest of accused Sanjiv Kumar Mittal vide memo Ex.PW4/D1. Disclosure statement of accused Bharat Lal is Ex.PW4/D2. Documents Ex.PW4/D4 and D5 were seized vide memo Ex.PW4/D6; document Ex.PW4/D7 was seized vide memo Ex.PW4/D8; documents Ex.PW4/D10 to D18 were seized vide memo Ex.PW4/D19; document Ex.PW4/D20 was seized vide memo Ex.PW4/D21; documents Ex.PW4/D23 to D25 were seized vide memo Ex.PW4/D26; document Ex.PW4/D27 was seized vide memo Ex.PW4/D28; documents Ex.PW4/D29 to D31 were seized vide memo Ex.PW4/D32. He also deposed about obtaining specimen handwriting of accused Rajesh Tyagi (Ex.PW4/D33), of Manish Chadha (Ex.PW4/D34) and of Sh. Daya Ram, Principal, G.B.S.S.S, New Friends Colony are Ex.PW4/G2.
14. PW7 deposed about disclosure statement made by accused Sanjiv Kumar Mittal.
15. PW8 was Duty Officer and had recorded FIR. Copy of the same is Ex.PW8/A. FIR No. 103/90 PS Maurice Nagar (Crime Branch) Page 5 of 7
16. PW9 deposed that in 1990 he was working as Jr. AssistantcumTypist in Delhi University. He deposed that provisional admission slips were being prepared by him. He deposed about preparing provisional admission slips of the students which are Ex.PW4/C15, 16, 17 and Ex.PW9/A.
17. All the remaining accused in their statements denied all the incriminating circumstances. They stated that they have been falsely implicated.
18. Ld. APP argued that from the material on record, guilt of accused persons stands established. On the other hand Ld. Counsels for the accused persons argued that there is no material at all to prove the charge against any of the accused.
19. It is important to note, as pointed out by Ld. Counsel for accused, that the principal of the Ramjas college whose name is also mentioned in the list of witnesses has not appeared in the witness box. The testimony of the principal namely Dr. Rajendra Prasad was crucial for the case of prosecution. Only Dr. Rajendra Prasad could prove that accused/students had taken admission in the Ramjas College. PW4 was only Vice Principal. He has only deposed about handing over of some documents by Dr. Rajendra Prasad and by himself. This testimony is of no help to the prosecution in the absence of testimony of Dr. Rajendra Prasad.
20. The evidence of FSL expert cannot be considered as already noted above.
21. In the present case prosecution has failed to examine even the Investigation Officer. The non examination of the IO has certainly caused prejudice to the accused persons.
22. Testimony of complainant/PW5 only proves that PW5 had made a FIR No. 103/90 PS Maurice Nagar (Crime Branch) Page 6 of 7 complaint about some irregularities and illegalities in the admission process of Ramjas College. This fact alone does not prove the charge.
23. The material on record does not connect any of the remaining accused to the crime. Nothing has been proved against them.
24. Considering the entire material on record, it is held that prosecution has failed to prove the charge.
25. In view of the above discussion all the remaining accused namely Rajesh Tyagi, Bharat Lal, Sudhir Gupta, Shahid Iqbal and Nasiruddin Shah are acquitted of all the charges. The bail bond already furnished by the accused persons are accepted further for the purpose of S. 437A Cr.PC at the request of the accused. These bonds shall remain in force for a period of six months.
26. File be consigned to Record Room.
Announced in Open Court (SANJAY BANSAL)
today on 19.9.2011 Additional Chief Metropolitan
Magistrate02/North/Delhi
FIR No. 103/90 PS Maurice Nagar (Crime Branch) Page 7 of 7