Delhi District Court
State vs (1) Rajbir Singh @ Raju on 6 August, 2015
1
IN THE COURT OF MS. HEMANI MALHOTRA, ASJ-05 (CENTRAL),
TIS HAZARI, DELHI
SC No. 24A/14
FIR No. 458/01
PS Sarai Rohilla
Under Sections 420/468/471/34 IPC
STATE
vs.
(1) Rajbir Singh @ Raju,
S/o Ram Mehar,
R/o RZ 16, Rohan Garden, Najafgarh, Delhi.
(2) Saraju Malik (since deceased)
Date of institution : 1.11.2004
Received by this Court on transfer : 10.02.2014
Date of conclusion of final arguments / : 28.07.2015
reservation of Judgment
Date of pronouncement of Judgment : 06.08.2015.
JUDGMENT:
1. Accused Rajbir Singh @ Raju and now deceased Saraju Malik @ Kale were committed to the Court of Sessions by Learned MM (Central), Tis Hazari Courts, Delhi to stand trial for committing offence punishable u/ss 420/468/471 r/w sec. 34 IPC for having forged various documents for getting Indica car with original RC No. HR-10D-2425 again registered as Car No. HR-42-40-45 from Transport Authority, Ganaur, Sonepat, Haryana, then selling the same to Karan Singh s/o Baldev Singh of Village Nasirpur, Palam whereafter stealing the same few days later and driving the same with fake number plate bearing registration No. DL-4C-F-1341 till 04.12.2001 when he was allegedly intercepted and arrested.
Page No. 1 of 12 2CASE OF THE PROSECUTION
2. The facts of the prosecution case as gathered from the charge sheet are that on 04.12.2001 SI Sunder Singh, Incharge AATS-II was present at his office when at about 3.00 PM, a secret informer gave him an information that some persons were involved in the theft of vehicle in Delhi and Haryana and then selling those stolen vehicles in Nepal from there bringing counterfeit currency which they used to circulate in Delhi and Haryana. The secret informer further informed that on that day, one of the persons would come at Usha Mata Mandir, Sarai Rohilla in a stolen vehicle and another person would come from Nepal having counterfeit currency. He further informed that if raided, they can be apprehended with stolen vehicle and counterfeit currency. The said information was reduced into writing vide DD No. 8 (Ex.PW 21/A) and Const. Braham Pal was sent to inform Insp. L.C.Yadav, Incharge of AATS-II about the said information.
3. It is further the case of prosecution that SI Sunder Singh formed a raiding party comprising of himself, HC Surender, Const. Narender, Const. Anil, HC Mahavir. Thereafter they all left the office of AATS in a government vehicle to go to Usha Mata Mandir. On the way, SI Sunder Singh requested 4-5 passersby to join the raiding party but they all left without disclosing their names and addresses. However, one person namely Yashpal S/o Chiranji Lal agreed to join the raiding party. At about 3.10 PM, they all reached Usha Mata Mandir and waited for the culprits to arrive. At about 3.45 PM, one person came near Usha Mata Mandir from the side of Daya Basti Railway Station having a brown colour brief case in his hand. Meanwhile, one white coloured Indica Car bearing registration no. DL-4C-F 1341 came from the side of Daya Basti and stopped. The person who was already present there with a brief case in his hand started going towards the said car. When both of them started talking with each other, on the pointing out of the secret informer, SI Sunder Singh along with raiding party members Page No. 2 of 12 3 apprehended both of them. The person who was having brief case in his hand disclosed his name as Surender Kumar Singhal S/o Mahavir Prasad Singhal. From the causal search of the brief case, five packets wrapped in a Nepali newspaper were recovered. On checking the packets, each packet was found to contain 25 Indian fake currency notes in the denomination of RS.500 each having series of 3FM932211 to 3 FM 932300, 3FM932201 to 3 FM 932209 and 3FM 937455 to FM 937480. The total amount of counterfeit currency thus recovered from the accused Surender Singhal was RS.62,500 (125 notes of Rs.500/- each). Thereafter, SI Sunder Singh sent HC Mahavir Singh in the government vehicle for procuring the photographer. At about 5.30 PM, photographer Const. Yoginder Singh reached the spot. In the meantime, Insp.L.C.Yadav along with Const. Braham Pal also reached the spot and joined the investigation. Upon the instructions of SI Sunder Singh, the spot as well as the currency notes recovered were photographed. A pulanda was prepared containing the recovered currency and same was given serial No. 1. Another pulanda of newspaper also found from the briefcase and briefcase was prepared and same were given serial Nos.2 &
3. The recovered items from the briefcase were also seized vide seizure memo. The pulandas bearing sl. No.1 & 2 were thereafter sealed with the seal of SSY. Seal after use was handed over to HC Surender Kumar.
4. It is further the case of prosecution that the driver of Indica car bearing registration No. DL-4CF-1341 who was overpowered by HC Surender Kumar disclosed his name as Rajbir Singh @ Raju. Accused Rajbir Singh further disclosed that he had come to receive Indian fake currency from accused Surender Kumar Singhal in lieu of the stolen vehicles already sold by him in Nepal. Accused Rajbir Singh also disclosed that the recovered car bearing registration no. DL4CF 1341 (make Indica), bearing engine no. 2790001153804AF (C-1) 26 and chasis no.600131EZZP26588 was stolen by him and and his friends namely Harpal and Saraju Malik @Kala one and half year back from village Naseer Pur, Delhi. The earlier number of the said Page No. 3 of 12 4 vehicle was HR-42-4045. SI Sunder Singh upon telephonic enquiry found that a case FIR No.1056/2000 was registered at PS Dabri u/s 379 IPC with respect to the Indica car in question. SI Sunder Singh formally arrested the accused Rajbir Singh and Surender Kumar Singhal in the present case for possessing fake currency and stolen vehicle u/s 489C/411/34 IPC. SI Sunder Singh then prepared a rukka and sent the same through HC Mahavir for getting the case FIR registered at PS Sarai Rohilla. During further investigation, SI Sunder Singh prepared the site plan and recorded disclosure statement of accused Rajbir Singh. Since it was disclosed by accused Rajbir Singh @ Raju that the original registration number of the recovered Indica car was HR-42-4045, one Sh. Ram S/o Sh. Baldev Singh brother of Karan Singh produced the RC of HR-42-4045. Pursuant to which, it was found that the registration no.DL4C-F-1341 was that of a Maruti car (800 CC) with engine no.1326453 and chasis no.1008788. As per the record of Janak Puri Transport Authority, Rajiv Arora R/o Janak Puri, Delhi was the owner of the maruti car whose registration number was DL-4C-F-1341. During investigation, accused Rajbir got recovered another RC of the Indica car bearing No. HR-10-D2425 from the house of his friend Dinesh R/o. 1462/3, Pragati Nagar Colony, Sonepat (Haryana). Thereafter, Sections 420/468/471 IPC were added. During investigation, SI Sunder Singh obtained specimen handwriting of accused Rajbir Singh @ Raju as well as those of deceased Saraju Malik @ Kale. On the basis of disclosure statement of accused Rajbir, co-accused Saraju Malik had been arrested from Village Poot, who during investigation admitted preparing fake registration documents with respect to fake registration No.HR-42-4045 qua the Indica car bearing original registration no. HR 10-D 2425 along with his friends Rajbir Singh and Harpal Singh (since not arrested). After Rajbir Singh @ Raju had sold the indica car by preparing forged RC bearing registration no. HR-42-4045 to one Karan Singh S/o Baldev Singh R/o Village Naseerpur, Palam, Delhi, and both accused persons namely Rajbir Singh @ Raju and Sarju Malik confessed to have stolen the said Indica car few days Page No. 4 of 12 5 after its sale. Accused Saraju Malik (since deceased) got recovered documents pertaining to Tata Indica car bearing registration no. HR-10- D2425 from his house at Village Jounpur District Sonepat (Haryana). Thereafter, at the pointing out of accused Saraju Malik, motorcycle make Hero Honda bearing registration no.HR-10-C-4852 was got recovered from the house of one Kashmir Lal R/o District Panipat stated to have been stolen from some house within the jurisdiction of PS Najafgarh, Delhi. Same was seized, sealed and deposited in the malkhana of PS Sarai Rohilla. The seized motorcycle was transferred as case property of FIR No.124/99 u/s 379 IPC PS Najafgarh, Delhi.
5. During investigation, SI Sunder Singh obtained the registration file of Tata Indica Car bearing registration no.HR-10-D-2425 (fake registration no.HR-42-4045) from Transport Authority, Ganaur, Sonepat. During further investigation, enquiries were also made from Tata car dealer namely Malwa Automobiles Private Limited, Karnal (Haryana) and it was found that the documents in the registration file of HR-10-D-2425 were original and the documents and invoices in the registration file of HR-42-4045 were fake. Same were accordingly deposited with FSL, Malviya Nagar. After completing the investigation, charge sheet against the accused Rajbir @ Raju and now deceased Saraju Malik was filed u/ss 420/468/471/34 IPC. Since main case of same FIR was triable by Court of Sessions, this case was also committed to the Court of Sessions.
EVIDENCE
6. Prosecution in support of its case examined as many as 7 witnesses:
(i)Ran Singh, brother of Karan Singh, the purchaser of Indica car bearing No. HR-42-4045 as PW12;
(ii)Karan Singh, purchaser of Indica car bearing No. HR-42-4045 as PW13;
(iii)Raj Singh, registered owner of Indica car bearing No. HR-10D-2425 as Page No. 5 of 12 6 PW14;
(iv)Mahender Singh, Officer from Registering Authority, Ganuar as PW15;
(v)SI Jiley Singh, Duty Officer of PS Dabri who recorded FIR No.1056/2000 as PW16;
(vi)Urba Dutt, the then Registration Clerk in Transport Authority, Sonepat, Haryana as PW17;
(vii) HC Jai Kumar as PW19.
APPRECIATION OF EVIDENCE
7. The prosecution case against accused Rajbir Singh is that he had purchased Indica Car bearing registration number HR-10D- 2425 which had been registered by Transport Authority, Sonepat with engine number 475IDI01EZZP25966 and chasis number 600131PZZ26588 from PW14/Raj Singh of Kundli and thereafter in connivance with absconding accused Harpal Singh and deceased accused Saraju Malik had got this very car again registered from Transport Authority, Ganaur with another registration number HR-42-4045 in the name of Dalbir Singh s/o Hukum Chand by forging requisite documents. The further case of the prosecution is that accused Rajbir Singh then sold the car bearing registration number HR-42-4045 to PW13 Karan Singh of Village Nasirpur, Palam on 1.11.2000 and then stole the same on 19.11.2000.
8. After appreciating the relevant evidence brought on record, I have no manner of doubt that prosecution has miserably failed to prove any of the aforesaid events / facts.
9. PW17/Sh.Urba Dutt, Registration Clerk of Transport Authority, Sonepat had handed over the registration file of Indica car No. HR-10D-2425 with engine Number 475IDI01EZZP25966 and chasis number 600131PZZ265 registered in the name of Raj Singh of Kundli to IO SI Sunder Singh / PW21 on 10.1.2002. PW14/Raj Singh of Kundli had claimed that he had sold this car to accused Rajbir Singh for Rs.70,000-80,000/-.
Page No. 6 of 12 710. PW14/Raj Singh deposed that he is the registered owner of Indica car bearing registration No. HR-10D-2425. After about one year 4 months, he had sold the car to accused Rajbir Singh. He came to know subsequently that accused Rajbir Singh had sold the said car to another person after changing its registration number to HR-42-4045. In his cross-examination, he testified that he did not remember as to when he had sold the car to accused Rajbir Singh but he had sold the car for Rs.70-80,000/- without executing any documents. He again said that he did not remember if he had executed any document at the time of selling his car to accused Rajbir. He admitted that the insurance of the car was still existing in his name. He had never moved an application for releasing his car on superdari. He denied the suggestion that he had sold the car to Karan Singh of Village Nasirpur by changing its registration number to HR-42-4045.
11. From the aforesaid evidence of PW14 / Raj Singh of Kundli, it is proved that the car bearing registration number HR-10D-2425 which he claimed to have sold to the accused Rajbir Singh still stands in his name as RC (Ex.PW14/A) is in his name. The insurance of the car is also in his name. He did not execute any document regarding sale of the car nor obtained any receipt from the accused that he had taken delivery/possession of the car and would be responsible if any accident / offence is committed involving this car. No reasonable person in normal course of business can claim to have transferred the ownership of the car without executing any document. His testimony is self serving and does not inspire confidence to hold that he had sold the car in question to the accused. He is rather a prime suspect as Dalbir Singh S/o Hukum Chand in whose name this car was subsequently got registered with registration number HR-42-4045 from Ganaur, Transport Authority is his relative or at least known to him.
12. The prosecution has relied upon the testimony of PW15 Mahender Singh, Asst. Supdt., Transport Authority, Ganaur to prove that accused Rajbir Singh Page No. 7 of 12 8 in connivance with deceased accused Saraju Malik and absconding accused Harpal Singh had presented Indica Car bearing registration number HR-10D-2425 at registration authority, Ganaur with forged document and had got the said car registered with another registration number HR-42-4045 in the name of Dalbir Singh S/o Hukam Chand of Ganaur. PW-15/Mahender Singh had testified that on 10.01.2002, he was working as Asstt. Superintendent in registering authority, Ganaur and had handed over the original file of Indica car bearing No. HR-42-4045 (Ex. PW15/B colly). As per the record, the vehicle bearing registration No. HR-42-4045 was a Tata Indica DLE, Euro-I, registered in the name of Dalbir Singh s/o Hukam Chand r/o 86/34, Gandhi Nagar, Ganaur, District Sonepat, Haryana. At the time of the registration of the vehicle, it was bearing chasis No. 600131EZZP26588 and engine No. 475IDI01EZZP25966. The said RC (Ex. PW15/C) was issued from their office on 22.09.2000 in the name of Dalbir Singh s/o Hukam Chand mentioning the chasis and the engine number as above. In his cross-examination, he testified that on 10.01.2002 he was not posted in the Registering Authority, Ganuar and he has no knowledge of the present case as he had not personally dealt with the file in question. He could not tell the procedure regarding the registration of the vehicle in the Registering Authority, Ganaur. He had never dealt with the registration of the said vehicle and he did not know as to who was the dealing clerk who dealt with the registration of the said vehicle. The office of Registering Authority, Ganuar had never lodged any complaint regarding this case. He admitted that the files which are maintained in their office bear a register number but the same was not mentioned on Ex. PW15/B (original file of Indica car bearing registration No. HR-42-4045). He also admitted that Ex. PW15/B did not bear any official seal or the endorsement of Registering Authority, Ganuar. He further admitted that he had not made any endorsement in the dispatch register of Registering Authority, Ganuar and that Ex. PW15/B (colly.) did not bear the seal of Registering Authority, Ganuar or endorsement of any authorising officer.
Page No. 8 of 12 913. From the aforesaid testimony it is proved that this witness did not deal with the registration of this car nor had any personal knowledge on any aspect of the fake documents etc. Prosecution did not cite nor examined Dalbir Singh S/o Hukam Chand of Ganaur whose ration card and affidavit are part of file produced by PW15 Mahinder Singh. He is not a fictitious person as PW14 Raj Singh of Kundli had admitted that Dalbir Singh s/o Hukam Chand was his cousin and was known to him. The specimen writing of accused Rajbir and deceased Saraju Malik illegally obtained by the IO were examined by FSL Expert who did not give any opinion to say that even one of documents contained in the registration file of Ganaur Transport Authority regarding car No. HR-42-4045 were in the handwriting of accused Rajbir Singh or deceased accused Saraju Malik. Thus , neither the testimony of PW15 Mahinder Singh nor of the Handwriting Expert of FSL Dr. Devak Ram, Asstt. Director (Documents), FSL, Delhi advance the case of the prosecution against the accused Rajbir Singh. The prosecution has relied upon an affidavit (Ex.PW18/V8) purported to have been sworn by accused Rajbir Singh which was recovered from the house of deceased accused Saraju Malik at his instance affirming that he had lost registration certificate of his Indica car no. HR-42-4045 and required issuance of duplicate Registration Certificate. It is very strange that Investigating Officer Sunder Singh / PW21 did not bother to send this alleged affidavit (Ex.PW18/V8) notarized on 2.8.2001 to FSL for Expert Opinion.
14. Hence, it is safe to hold that prosecution has miserably failed to prove that accused Rajbir Singh had any role in forging any document or in getting registration of the car with registration number HR-42-4045 from Ganaur Registration Authority in the name of Dalbir Singh.
15. Prosecution has relied upon the testimony of PW12/Ran Singh s/o Baldev Singh and PW13/Karan Singh s/o Baldev Singh to prove that accused Rajbir Singh had sold car No. HR-42-4045 to Karan Singh for Rs.2,78,000/- on Page No. 9 of 12 10 01.11.2000 and had then stolen the same on 19.11.2000. PW12/Ran Singh testified that Indica car No. HR-42-4045 was purchased by his younger brother Karan Singh but he does not know the date on which it was purchased and from whom it was purchased. The car was purchased in the year 2000 and was stolen on the 18th/19th day of that very month. At the time of the theft, the car had not been transferred in the name of his younger brother Karan Singh. He denied the suggestion that the police had recorded his statement on 08.12.2001 and that the same was Ex. PW12/A. He admitted that he had handed over RC No.548568 of the said Indica car bearing registration No. HR-42-4045 issued from transport authority, Ganaur, Sonepat, Haryana to the police. During his testimony, PW12/Ran Singh failed to identify the accused Rajbir as the seller of the car as he had not seen him. Karan Singh who was examined as PW13, testified that Indica car No. HR-42-4045 was purchased by him from one Raju r/o Village Kundli, District Sonepat, Haryana for Rs. 2,40,000/- in the year 2000 and that the car was stolen within 10-15 days of its purchase. When the theft took place, the said Indica car had not been transferred in his name and that he had lodged FIR No. 1056/2000 in PS Dabri. He further deposed that at the time of purchase of the car, the seller had not handed over any document of the car except the RC. In his cross-examination, PW13 categorically stated that he had not purchased the said Indica car bearing registration No. HR-42-4045 from accused Rajbir @ Raju s/o Ram Mehar.
16. Perusal of the aforesaid clearly shows that these witnesses had categorically denied that accused Rajbir Singh is the person from whom this car was purchased by PW13/Karan Singh. It does not even appeal to common sense that any sane person in his wisdom would purchase a car by paying a huge amount of Rs.2,78,000/- not from the purported registered owner namely Dalbir Singh s/o Hukam Chand but from someone else and that too without getting any document of sale. I have thus, no hesitation to discard this part of the prosecution case as untrustworthy and baseless.
Page No. 10 of 12 1117. Another piece of evidence relied upon by the prosecution was the alleged recovery of original RC of car No. HR-10D-2425 from the tenanted room of one Dinesh in Pragati Colony, Sonepat on 08.12.2001 at the instance of accused Rajbir to claim that he had purchased this car from PW14/Raj Singh and that is why original RC was with him. I have already discussed the evidence of PW13/Karan Singh in detail and have held his claim totally untrustworthy. The claim of alleged recovery of RC of car No. HR-10D-2425 does not appear to have been proved. PW-18/ASI Surender Singh has testified that on 08.12.2001, accused Rajbir was in police custody and during police custody he had led the police to a house situated at first floor in Pragati Colony, Sonepat and accused Rajbir told the police party that he was occupying the said rented room. From the cupboard of the said room, he had produced the RC bearing registration No. HR-10D-2425. As per the RC (Ex. PW14/A), registered owner of the vehicle was Raj Singh s/o Karan Singh r/o VPO Kundli District Sonepat. Thereafter the accused had led the police party to the house of Ran Singh, village Nasirpur where Ran Singh met them told them that Indica car bearing registration No. HR-42-4045 was purchased by his brother Karan Singh from accused Rajbir. Ran Singh had produced the RC of vehicle bearing No. HR-42-4045 issued from transport authority Ganaur, District Sonepat. As per the RC, the registered owner was Dalbir Singh s/o Hukam Chand.
18. The aforesaid discussion of the evidence of ASI Surender Singh/PW18 who was Head Constable attached with IO/SI Sunder Singh/PW21 does not inspire any confidence. There is no disclosure statement of accused Rajbir Singh that he could get original RC of car No.HR-10D-2425 recovered from the tenanted room of one Dinesh situated in Pragati Colony, Sonepat. No independent witness was even requested to participate in the alleged recovery proceedings. No explanation has been given as to what was the need to take the other accused also to Pragati Colony when they had not made any disclosure for getting any recovery affected.
Page No. 11 of 12 12CONCLUSION
19. In view of the aforesaid discussion, I have no hesitation to hold that prosecution has miserably failed to bring home the guilt of the accused Rajbir Singh under Sections 420/468/471 IPC. He is, therefore, acquitted of these charges.
ANNOUNCED AND SIGNED IN OPEN COURT ON : 6.8.2015 (Hemani Malhotra) ASJ-05 (Central)/THC/Delhi Page No. 12 of 12