Delhi District Court
State vs . 1. Anupam Sharma on 19 February, 2007
1
IN THE COURT OF SH. NAROTTAM KAUSHAL
ADDL.SESSIONS JUDGE; ROHINI COURTS;
DELHI
S.C.No. 323/2006
FIR No. 90/2001
P.S. Kanjhawala
U/s 420/467/468/472/489-C/489-D/411/34 IPC
State Vs. 1. Anupam Sharma
s/o Ram Niwas Sharma
r/o Nehru Nagar Market,
Delhi.
2. Sudhir Kumar
s/o Jagdish Parsad
r/o Village Vadhav, P.S. Shamli,
Muzzaffar Nagar, U.P.
3. Ravinder s/o Rajbir
r/o K-28, Krishna Vihar, Delhi.
4. Daya Nand
s/o Chandgi Ram
r/o 8-6/358,Sector-7,Rohini,
Delhi-110085.
5. Vinod
s/o Barumal
r/o 330,Neb Sarai,Delhi.
(Acquitted on 12.02.2007)
2
JUDGMENT
Accused Anupam Sharma, Sudhir Kumar,Ravinder, Daya Nand and Vinod have been charge sheeted by Police Station Kanjhawala to face trail for the offences punishable u/s 420/467/468/472/489-C/489-D, read with Sec. 411 IPC.
As per the prosecution case, S.I.Dharminder alongwith his team was present at Madhuban Chowk on 11.5.2001 on patrol duty. At about 4.30 P.M. he received secret information that some persons were selling Kisan Vikas Patras (hereinafter called KVPs) at less price. S.I. Dharminder became a decoy customer and went along with the secret informer to purchase such K.V.Ps. There, he met Daya Nand , who offered to sell the K.V.Ps of at least Rs. two lacs in value. S.I.Dharminder agreed for that also. Time and place of exchange of K.V.Ps and consideration were settled. I.O. reported to his team, told them about the secret information and his plan of action. As per his plan of action,four accused persons namely Anupam Sharma, 3 Sudhir, Ravinder and Daya Nand came to the predestined spot at Kanjhawala chowk in a car bearing No. DL 3CE-0099. Anumpam and Sudhir filled in the KVPS in the name of holder as desired by the decoy cuustomer. They were then apprehended alongwith 40 K.V.Ps. Accused Sudhir and Anupam Sharma led to their room at Gurgaon where they got recovered more K.V.Ps. worth about Rs. 46,80,000/-. From the same room separate stamps of various post offices were also recovered. It was also disclosed by the accused persons that one Vinod (fifth accused ) was the supplier of the K.V.Ps. Finding sufficient material, all the five accused persons were arrested. During investigation it was got verified that the Stamps were not genuine. Accordingly, challan for the offences punishable u/s 420/467/468/472/489-C/489-D/411/34 IPC was filed.
2. After complying with the provision of Sec. 207 Cr.P.C. the present case was committed to the court of Sessions, which in turn was assigned to this court.
43 Vide order dt. 2.1.2004, charges u/s 120 -B r/w Sec. 489-D was framed against all the five accused persons. Charge u/s 489-D, u/s 472, 489-C was framed against accused Anupam Sharma . Accused Daya Nand, Ravinder and Sudhir were also separately charged for the offences punishable u/s 489-D with respect to K.V.Ps. recovered at Kanjhawala chowk. All the accused persons pleaded not guilty and claimed trial.
3. Prosecution in support of its case has examined 11 witnesses. Prosecution evidence was closed vide order dated 27.1.2007.
4 Accused persons examined two witnesses in their defence.
DW-1 was not put to cross examination , therefore, his evidence cannot be read.
H.C. Babu Ram (PW-3),Const. Sumer (PW-11), Const. Sunil (PW-12) and S.I. Dharminder (PW-15) were the members of the raiding party. They were present at the time of first recovery at Khanjawala Chowk , where S.I. Dharminder had gone as decoy customer. They are also the witnesses to the recovery at 5 a flat possessed by Anupam Sharma and Sudhir in Gurgaon, where recovery was effected on the disclosure statement of accused persons. Vinit Mathur (PW-2) is an Officer from Ministry of Communication. He has proved that large number of K.V.Ps. were lost during transportation from Nasik to Patna and Guwahati .
Sh.S.P.Arya (PW-1) Mahinder Singh (PW-7) and Naresh Gupta (PW-9) are the officials from Post Offices at Karnal, Ludhiana and Ambala. They have deposed that stamp impression shown to them purporting to be of their respective post offices, were not genuine. J.S.Rawat (PW-4) has deposed that he had rented out a room in his house to Anupam Sharma and Sudhir, from where recoveries were effected. The remaining witnesses are the officials who have proved various stages of investigation. I.O. S.I.Anjay Tomar was not examined as he was not available at the relevant time.
5. Defence witnesses have deposed that accused Daya Nand and accused Sudhir were illegally picked up by the police and subsequently, implicated in the present case. 6
6. Evidence that had come up against all the accused persons was put to them and they denied the same. It was stated that the entire evidence was false and incorrect.
7. Ld.APP on behalf of the state has submitted that secret information and the raid is proved from the testimony of H.C. Babu Ram (PW-3), Const.Sumer (PW-4), Const. Sunil (PW-11) and S.I.Dharmender (PW15) . All the four witnesses have consistently corroborated each other with respect to all material aspects of raid and recovery. Kisan Vikas Patra (KVP) recovered at Kanjhawala road were found bearing stamps of Post Master, Ludhiana, Bharat Nagar, which stamps were found to be forged. KVPs recovered from the residence of accused Anupam Sharma and Sudhir in Gurgaon, alongwith rubber and metalic stamps of various Post Offices have also been duly established. The rubber stamps or metalic stamps of various post offices were proved to be not genuine by the official of those post offices namely PW1,PW7 and PW9. J.S.Rawat (PW4) owner of the house from where recovery were effected at Gurgaon has deposed that accused Anupam Sharma and Sudhir 7 occupied the room, from where recovery were effected. Ami Lal Daksh, Senior Scientific Assistant (PW16) expert from FSL has proved that the K.V.Ps. ( 18 in number recovered at Kanjhawala Mod) on 11.5.2001 were found to have been filled in the handwriting of accused Anupam Sharma. It is further submitted by Ld.APP that four of the accused persons i.e. all except accused Vinod were present in their vehicle bearing registration No. DL 3CE-0099 at Kanjhawala road when 40 K.V.Ps. were recovered from theie possession. During their disclosure statement, they led to the recovery of another big haul at Gurgaon. The recovered KVPs were of course printed at Govt. Press; which all the five accused persons had conspired to forge by putting the stamps of issuing post offices and also by filling in the name of the bearer and then selling them in the market. Therefore, charge u/s 120 B IPC r/w Sec. 489 C,489D is made out.
Stamps recovered were also found to be fake, the chsarge u/s 472 IPC is also established.
8 Learned defence counsels have strongly opposed the arguments of the ld.APP. It has been submitted that various 8 recovery witnesses contradict each other. It is submitted that the endorsement in the rukka does not include Sec. 489-D IPC. Pw2 has not deposed that the recovered of KVPs were fake. J.S.Rawat (PW-4) has deposed that no recovery took place in his possession. Mahinder Singh (PW-7) has deposed that seal was shown to him on 10.7.01; whereas the seal is stated to have been sealed at the place of recovery on 12.5.2001. There is no evidence as to when the post office seal was taken out from the pulanda and on whose permission. The car allegedly used by the accused persons is stated to have been deposited in the malkhanna immediately on recovery ; whereas the same is also stated to have been taken to Gurgaon for recovery. It has been strongly argued that the pens allegedly used by Anupam Sharma and Sudhir for filling in the K.V.Ps. have not been recovered. The provision of Sec. 100 (4) Cr.P.C. were not complied with at the time of recovery. It is further submitted that the distance at which members of raiding part are alleged to have been waiting for the accused persons, from that distance they could not have watched the signal given by the decoy customer. The car when 9 produced in the court was not in working condition and the cabin light did not function. It is further alleged that I.O. has not been examined which resulted in failure to prove various stages of investigation.
On behalf of accused Vinod, it is argued that no recovery have been effected from him or even his disclosure statement has not lead to discovery of any new fact. There is absolutely no evidence against him.
Another argument raised by learned defence counsel is that the KVPs do not fall under the definition of currency note or bank note. The offence u/s 489-C and 489-D IPC are not therefore, made out.
9 In rebuttal, Ld.APP for the state has referred to law laid down in State of Kerala Vs. Mathai Verghese and others reported in AIR 1987 SUPREME COURT -33; and submitted that scope of Sec. 489 A to 489-D is very wide and includes KVPs. In the alternative it is submitted that offence under section 467/468 & 471 IPC is made out.
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10. I have heard learned counsels and with their assistance gone through the volumnous evidence and documents on record.
11. I shall first deal with legal issue raised by the learned defence counsels.
The argument that KVPs are not currency note or bank note as envisaged u/s 489-A to 489-D IPC , is meritorious . The Explanation to sec. 489-A IPC defines a 'bank note' . For ready reference, Explanation to Sec. 489A IPC is reproduced herein below:
"For the purpose of this sction and of sections 489-B (489-C,489-D, and 489-E), the expression 'bank note' means a promissory note of engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the word, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to , or as a substitute for money."
As per the above definition, 'bank note' includes engagement for the payment of money to bearer on demand issued by or under the authority of any State or sovereign power and 11 intended to be used as equivalent to or substitute for money.
A perusal of the KVPs, reveals that it has a endorsement as under :
"Goverment of India promise to pay................... on any date after the expiry of two years and six months, from the date of issue of this certificate , the amount specified on the reverse as due on such date. This certificate is issued persuant to Govt. of India, Ministry of Finance, Notification No. G.S.R. 588 (E) dated the 2nd September , 1993 as amended."
The Kisan Vikas Patras are thus an engagement by Govt. of India to pay the declared amount mentioned therein to the person to whom it has been issued. In my opinion it does not fall within the definition of 'Bank note' as noticed above. Bank note is payable to bearer on demand. KVPs are payable only to the person to whom issued and only after a particular date. There are, therefore, neither 'bearer' nor 'payable' 'on demand'. In Yog Raj vs. The State of Haryana , reported as 1973(75)PLR page-351, while dealing with traveller cheque held, 'that the same was not a bank note. It was held as under: 12
"As regards encashing of the traveller cheque, the procedure is that the person, in whose favour the traveler cheque is, presents it at the other branch of the Bank. There again he is required to sign the traveler cheque at the specified place and then his signature is compared with specimen signature already existing on the traveler cheque. In other wards, by comparison of t he signatures the identity of the person in whose favour the traveler cheque was issued is confirmed and he is paid the amount covered by the traveler cheque. The printed material of the genuine traveler cheques Exhibits P.O.P.P.Q. and D.D. supports the procedure mentioned above. In the light of these facts, it can not be said that a traveler cheque is a "bank-note" the attributes of which are:-
i) engaement for the payment of money to bearer on demand; and ii) intended tobe used as equivalent to, or as a substitute for money.
The mere fact that the traveler cheque is issued by a bank note enough to satisfy the other ingredients of ' bank-note' given in the explanation to section 489-A, Indian Penal Code, quoted above."13
12 The Hon'ble Madras High Court in A.Y. Naseer Vs. State, reported in 1991 Crl.L.J. 592, held that forging of bearer bonds may not amount to an offence u/s 489 IPC. However, an offence us 468/471 & 420 IPC was held to be made out. While dealing with the bail application, it was held as under:
"It will be too early to go into the meaning of the expression 'bank-note' and its applicability to the bearer bonds , which are the subject matter of this prosecution, in the light of the explanation to the section. However, even if bank note will not take in its fold the bearer bond, investigation has disclosed offences u/s 468/471/420 IPC as well".
The law laid in State of Kerala Vs. Mathai
Verghese and others reported in AIR 1987 SUPREME
COURT -33; is not applicable.
In the cited case , Dollar bill purported to have been
issued by the Govt. of USA, was held to be a currency note.
Currency note is also bearer and payable on demand; whereas, as discussed above, KVPs are neither bearer nor payable on 14 demand.
I, therefore, hold that the KVPs are not 'bank note' or currency note for the reasons stated above, I find merit in the arguments that the provision of Sec. 489-C or 489-D are not attracted for forging/ fabricating KVPs. .
13. Nevertheless, forgery or an offence with respect to dealing in KVPs by unauthorised person cannot go un-punished. KVPs do fall within definition of 'valuable security' as envisaged in Sec. 467 IPC. I am alive to the situation that no charge for the offence punishable u/s 467 IPC has been framed against the accused persons. Sec. 464 Cr.P.C. has been provided in the statute only to cater such a situation. For ready reference section 464 Cr.P.C. is reproduced herein below:
"No finding sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no change was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the court of appeal, confirmation or revision, 15 a failure of justice has in fact been occasioned thereby."
The language of charge is very clear in as much as accused persons have been put to trial for forging KVPs and attempting to sell them. The legal definition of Kisan Vikas Patras, if not correctly appreciated at the time of framing of charge, cannot be an escape route for the accused persons. No prejudice shall be caused to them or no failure of justice can be stated to have been occasioned, because they had been charged with respect to forging and selling KVPs.
I am , therefore, of the opinion that offence committed by accused persons can be seen in the light of Sec. 467 /471 IPC.
14. Another aspect which needs to be discussed in the present case, is as regards the extent of counterfeiting or forgery.
In the present case, it is not the case of the prosecution that the KVPs itself was fabricated or forged. It is only the stamp of issuing post office, particulars of the post office, the date of issue, registration number and the name of the holder which have been filled in; are alleged to have been made by unauthorised 16 persons. The KVPs are stated to be genuine, printed at the Govt. Press, Nasik which were misplaced during transit. Vinit Mathur (PW2) an officer from the Ministry of Communication has proved the report EX.PW 2/A, wherein he has reported that the KVPs are original and were a part of consignment supplied by ISP-Nasik to CSD- Patna / Guwahati Unlike currency note which is bearer in nature, ' KVP' is issued by an authority of State in the name of a particular person. It of-course is also a promise by the Govt. of India to pay the amount specified therein. Only the name of the holder is to be filled in by the issuing authority. KVPs would, therefore, be a counterfeit or forged KVPs; even if otherwise genuine, but issued by an unauthorised person.
In the present case, 40 KVPs bearing Ex.PW16/A and Ex.PW 16/J (collectively) were recovered on 11.5.2001 at Kanjhawala Road, bearing stamps of Sub Post Master , Ludhiana, Bharat Nagar as the issuing authority. Mahinder Singh (PW-7) Retd. Sub Post Master, Ludhiana has proved that the seal impression Ex.PW 7/A and Ex.PW7/B on Ex.PW-16/A & Ex.PW- 17 16/J (Colly) are not of the Post Office, Ludhiana, Bharat Nagar. He had made available to the I.O. authentic seal impression Ex.PW7/C which does not in any manner bear any similarity with seal impression at Ex.PW 7/A and Ex. PW-7/B as proved by FSL Report Ex. PW-16/G. It can, therefore, safely be concluded that 40 KVPs recovered at Kanjhawala on 1.5.2001 were counterfeit, in as much as, seal of issuing authority was not genuine.
FSL Report Ex. PW-16/G also finds that name of the bearer in 18 KVPs has been filled in by accused Anupam Sharma.
15. In subsequent paras, I shall deal with the aspect as to who had counterfeited or put those seal impression on the otherwise genuine KVPs. It is however concluded that though the KVPs were genuine yet they had been forged or made counterfeit by the accused persons by putting fake seal impressions and filling in the name of bearer by themselves. Also, the accused persons not being post offices or its officers were not authorised to be in possession of blank KVPs. 18
16. I shall now deal with the role of individual accused and the recoveries.
17. Prosecution has examined four witnesses who were associated at the stage of both the recoveries . The first recovery was effected on 11.5.2001 at about 8.00 PM when S.I. Dharminder (PW15 had constituted raid on receipt of secret information. The second recovery was effected during the same night at about 4.00 AM, when accused persons made disclosure statement regarding some KVPs to be available at a location in Gurgaon. All the four witnesses namely H.C. Babu Ram (PW3),Const. Sumer Pw-11) and Const.Sunil (PW-12) and SI Dharminder (PW15) were associated in both the recoveries. All the four of them have corroborated each other other as regards the time when they reached at Kanjhawala chowk, as regards receipt of secret information to PW-15, preparation by PW 15 for the raid and then raid and apprehension of accused Anupam Sharma, Sudhir, Ravinder and Daya Nand from the spot. They have also deposed that 20 KVPs of Rs. 10,000/- each which were recovered from the possession of accused Sudhir 19 and Anupam; whereas another 20 KVPs were recovered from the brief case which Ravinder was holding. Accused Daya Nand is the person who had struck the deal and was also present with the remaining accused persons.
From the evidence, as noticed above, it is apparent that all the four accused persons were in conspiracy with each other to sell the KVPs by forging the stamp of issuing authority & thus use them as genuine knowing the same to be forged. They have come to the spot together in the same vehicle with the purpose of selling KVPs to SI Dharminder who had approached them as a decoy customer. The consipracy is gathered from the fact that accused Daya Nand had first struck the deal and had then brought the remaining accused persons for exchange of KVPs and the consideration. Accused Ravinder was holding the bag containing the KVPs, Sudhir had driven the vehicle to spot, Daya Nand had struck the deal and Anupam Sharma had made the entries in his hand writing. Thus they had all participated in the occurrence and acted in conspiracy. Since, the recovery of all the 40 KVPs is part 20 of the same transaction, I shall hold that all the four occupants of the car were in constructive possession of all 40 KVPs.
It has come in the evidence of SI Dharminder (P-15) that accused Anupam and Sudhir had filed in name of holders while sitting in the car at the time of delivery. As per the FSL report Ex. PW-16/G, 18 of the KVPs recovered at the spot had been 'filled in' in the handwriting of accused Anupam Sharma . Be that as it may , even if they are not proved to have been filled in by accused Sudhir , they were nevertheless filled by accused Anupam. This act was done by accused Anupam in the presence of other four co-accused persons, who were in occupation of the car at that time. Thus, it can be established that all the four accused persons who were then occupying the car , except accused Vinod knew that the KVPs in their possession were forged documents and they had dishonestly used the same, as genuine, by selling the same to decoy customer SI Dharminder. I, thus hold that all the four above named accused persons have committed the offence punishable u/s 120B read with Sec. 471 IPC. 21
18. The oral testimony of SI Dharmender Kumar (PW15) that 20 KVPs were filled in by accused Anupam mentioning the name of bearer Vikas s/o Hawa Singh has been corroborated by FSL report Ex. PW-16/G, which finds the handwriting of Anupam on the forged KVPs to match with the specimen handwriting. Thus, the offence as defined u/s 467 IPC regarding forging of valuable security is established to have been committed by the accused Anupam
19. All the 40 KVPs recovered at the spot bear the stamp impression of Sub Post Master, Ludhiana, Bharat Nagar. This seal impression has been proved by PW-7 Mahender Singh to be not genuine. The FSL report Ex.Pw 16/G also finds that the seal impression made available by PW-7 to the IO does not tally with the seal impression on the KVPs.
The seal with which these impressions were put on the KVPs was recovered from the house occupied by accused Sudhir and Anupam at Gurgaon. Though, there is no postive evidence on record, as to who has put these seal impressions on KVPs, yet an inference can be drawn that accused Anupam 22 or Sudhir who were in the custody of such a seal had put the seal impression in conspiracy with all other accused persons. I, therefore, hold all the four accused persons mentioned above to be guilty for the offence punishable u/s 120 B read with Sec. 467 IPC.
20. The second part of the present trial which account for the manor recoveries, the transaction which took place at Gurgaon on the disclosure statement of accused Sudhir and Anupam on the night of 11.5.2001. Alongwith official witnesses i.e. PW3, PW11,PW12 and PW15, another important witness to this recovery is J.S.Rawat (Pw-4) owner of the house from where the recoveries were allegedly effected. The testimony of PW-4 makes an interesting reading. He admits having let-out his premises to accused Anupam and Sudhir. He also admits that police party had brought Anupam to his house on 12.5.01 at about 4.00 A.M. He was made to sign some papers on the instructions of police and he admits his signatures on the recovery memo Ex.PW3/E. He denies any recoveries having been made in his presence. On 23 being cross examined by Ld.APP, he has deposed that he is an Asstt. Registrar in National School of Technology with 15 years' service. He admits that he had never signed any blank papers in his service career. He also admits that he had not made any complaint to any police officer regarding his forcible signature on certain blank documents on the night of
12. 09 .2001.
I am of the opinion that signature of this witness on the recovery memo Ex.PW3/P cannot brushed aside, because he does not support the prosecution case to that extent He is a respectable government official , who would not have signed any blank documents. I, therefore, hold that the recovery as shown in Ex.PW3/P was effected in his presence from his from his premises. He has any-way admitted that accused Anupam and Sudhir were his tenants. Therefore, I hold that the recovery memo Ex.PW3/P with respect to KVPs of the value Rs. 46,08,000/-(Rs. Fourty six lacs eight thousands) and metalic rubber stamps of various post offices were recovered from the possession of accused Anupam and Sudhir. 24
21. Since the recoveries as referred to above were made from room occupied by Anupam & Sudhir, it can be gathered that both of them were in consipracy to forge these KVPs also; and to sell them as genuine. Though, the KVPs recovered from Gurgaon had not been forged; as yet, in as much as no entries had been made therein, but accused persons can be held guilty for the offences punishable u/s 120-B IPC with respect to them, as well. The mere fact blank Kisan Vikas Pastras were available in large number, the agreement to forge and use them , as genuine , can be gathered from the circumstances.
Sec.120B IPC dfines a conspiracy also to be 'an agreement between two and more persons to do an illegal act.' In the present case, agreement to forge KVPs recovered from Gurgaon seems to be in existence between accused Anupam and Sudhir only. There is no evidence to indicate that remaning three accused persons were in knowledge of more KVPs to be lying at Gurgaon. I, therefore, hold only accused Anupam and Sudhir guilty for the offence punishable u/s 25 120B IPC with respect to the KVPs recovered from their room at Gurgaon.
During the search several metalic stamps of various post offices were recovered. Seals were found to be fake as proved in FSL report Ex.Pw 16/G . Therefore, the offence u/s 472 IPC is also made out against accused Anupam and Sudhir. 22 As regards accused Vinod , the only evidence that has come up , is in the shape of disclosure statement. No recovery has been effected at his instance. He was also not present with the remaining four accused persons, at the time of raid at Kanjhawala Mod. There is also no evidence to indicate that he had met the accused persons on any date prior to the recoveries so as to indicate his meeting of mind with the remaining, accused persons. Therefore, affordingly benefit of doubt, he is acquitted of all the charges framed against him.
23. The arguments raised by learned defence counsel do not find merit with me.
As discussed in preceedings paras, I find no major contradictions in the statements of recovery witnesses. The 26 argument that the seal was shown to the officials of post offices had been removed from malkhanna without the permission of the courts, is incorrect. It has been clarified by PW7 Mahinder Singh that he was shown only the seal impression and not the seal. Similarly , non seizure of pen allegedly used by Anupam and Sudhir for filling in the KVPs is also not a major lapse in investigation. This lapse is set to rest by FSL report which estbalishes that KVPs were filled in by the accused Anupam in his handwriting. The use of the car of the accused persons for visiting Gurgaon on the night of recovery is also not a material failure in investigation. The failure to examine the I.O. has not prejudiced the accused persons, in as much as, each stage of investigation / recovery has been proved by other official witnesses. I also find no merits in the arguments that the car allegedly used by accused persons was not in working condition on the day, it was brought in the court. The car had apparently remained in malkhanna for a period of five years. The condition of car could have deteriorated on being parked in the open. It cannot be said that provision of Sec. 100 (4) Cr.P.C. 27 were not complied with , as an indendent witness J.S.Rawat (Pw-4), had been associated in the search.
I, therefore, find no merits in the arguments raised by learned defence counsel.
24. For the reasons stated in the forgoing paras, I hold accused Anupam ,Sudhir,Ravinder and Daya Nand guilty for the offences punishable 120B/467/471 IPC. Accused Anupam and Sudhir are also held guilty for the offences punishable u/s 472 IPC and Sec. 120B IPC with respect to recoveries of seals and KVPs worth about Rs. 46,00000/- (Rs. Fourty six lacs) from their house at Gurgaon. They are accordingly convicted.
Accused Vinod is acquitted of all the charges. Case property is confiscated & be distroyed as per rules.
(Narottam Kaushal) Addl. Sessions Judge, Rohini Courts,Delhi Announced in open court.
Dt. 12.2.07 28 29 IN THE COURT OF SH. NAROTTAM KAUSHAL ADDL.SESSIONS JUDGE; ROHINI COURTS;
DELHI S.C.No. 323/2006 FIR No. 90/2001 P.S. Kanjhawala U/s 420/467/468/472/489-C/489-D/411/34 IPC State Vs. 1. Anupam Sharma s/o Ram Niwas Sharma r/o Nehru Nagar Market, Delhi.
2. Sudhir Kumar s/o Jagdish Parsad r/o Village Vadhav, P.S. Shamli, Muzzaffar Nagar, U.P.
3. Ravinder s/o Rajbir r/o K-28, Krishna Vihar, Delhi.
4. Daya Nand s/o Chandgi Ram r/o 8-6/358,Sector-7,Rohini, Delhi-110085.
19.2.07 ORDER ON SENTENCE Vide separate judgment dated 12.2.07 all the convicts have been held guilty for the offences punishable u/s 120-B/467/471 IPC. Convicts Anupam and Sudhir have also 30 been held guilty for the offence punishable u/s 472 IPC and Sec. 120 B IPC with respect to recoveries of Kisan Vikas Patras worth about Rs. 46,00000/- (Rs. Fourty Six Lacs ) and some seals of various post offices.
2. Ld.APP on behalf of the state has submitted that all the four convicts have committed the offence of fabricating and selling Kisan Vikas Patras ( in all worth Rs. Fifty lacs) and possessed seals of various post offices. The offence is extremely grave and has wide repercussions . He, has, therefore, prayed for highest sentence provided under the statute against all the convicts.
3. Sh.Sunil Pawar, counsel for convict Ravinder has submitted that he has already undergone ten months imprisonment and is not a previous convict. He has three children and is sole bread earner in the family.
Ms. Kamlesh Sabharwal, Adv. on behalf of convict- Daya Nand has submitted that he has already undergone ten months imprisonment and is not a previous convct. He is a 31 government servant working in Food & Civil Supply Department.
Sh.R.A. Singh,Adv. on behalf of convict Sudhir has submitted that convict has been in custody for more than five and half years and has a family to support.
Sh. S.P.M. Tripathi, Adv. on behalf of convict Anupam has submitted that he has also been in custody for more than five and have years and is having excellent academic record. He has old parents dependent upon him.
4. I have heard learned counsels .
5. The present is a case where valuable security i.e. Kisan Vikas Patras duly printed at the Government Press, Nasik were forged by the convicts by using fake seals of various post offices. The value of KVPs recovered from the possession of all four convicts was to about Rs. Four lacs; whereas the remaining recovery attributed to convict Sudhir and Anupam was of the value of about Rs. Fourty six lacs. The gravity and magnitude of the offfence does not call for any lenient approach. All the convicts were dealing with valuable security, issued by the Govt. of India, knowingly fully well that they had no authority to 32 deal in them. Convict Anupam who seems to be the master mind, is well educated person. I agree with the learned APP that the offence has wide ramifications.
All the four convicts are sentenced to undergo R.I. for seven years for the each of the offences punishable under Sec. 120B/467/471 IPC with respect to the recoverieis effected from Kanjhawala Mod . They shall also be liable to pay a fine of Rs. 25,000/- each . In default of payment of fine, they shall further undergo S.I. for a period of one year, each.
Convicts Anupam Sharma and Sudhir shall also be liable to undergo R.I. for a period of five years with respect to offence punishable u/s 472 IPC and to pay a fine of Rs. 5000/- each and in default of payment of fine they shall further undergo S.I. for three months, each.
As regard the offence punishable u/s 120B IPC with respect to the recoveries of blank Kisan Vikas Patra (worth about Rs. 46,00000/- (Rs. Fourty Six lacs in value) convicts Anupam and Sudhir shall further undergo R.I. for a period of ten years each. They shall also be liable to pay fine of Rs 25,000/- 33 each. In default of payment of fine, they shall further undergo S.I. For one year each.
All the sentences shall run concurrently and benefit u/s 428 Cr.P.C. is given to all the convicts .
Copy of judgment and order on sentence be given to the convicts free of cost to all convicts. File be consigned to record room.
(Narottam Kaushal) Addl.Sessions Judge,Rohini Courts,Delhi Announced in open court dt. 19.2.07 34 35 FIR NO.90/01.
STATE VS. ANUPAM SHARMA & ORS.
PS-KANJHAWLA.
12.02.2007.
Present: APP for the State.
Accused Anupam and Sudhir from JC.
Others on bail with Sh. S.P.M. Tripathi, Advocate and Sh. Rishi Pal Singh, advocate. Vide a separate judgment, accused Vinod is acquitted and others are convicted for the offence punishable 120B/467/471 IPC. Accused Anupam and Sudhir are also held guilty for the offences punishable u/s 472 IPC and Sec. 120B IPC To come up on 15.2.2007 for arguments on the point of sentence. Accused Dayanand and Ravinder be taken into custody.
ASJ/Rohini courts.12.2.07 15.2.07 Pr. APP for the State .
Convict Ravinder and Daya Nand in J.C. Convict Anupam Sharma and Sudhir in J.C. From Dasna Jail.
With Sh. Sunil Pawar, Mrs. M.S.Sabharwal Sh.R.P.Singh, Sh.S.P.M.Tripath Arguments on the point of sentenceheard.
Now, to come up for order on sentence.
On 19.2.07 ASJ/Rohini/15.2.07 36 FIR NO.90/01.
STATE VS. ANUPAM SHARMA & ORS.
PS-KANJHAWLA.
19.2.07
Pr. APP for the State .
All the convicts in J.C.
All the four convicts are sentenced to
undergo R.I. for seven years for the offence punishable under Sec. 120B/467/471 IPC with respect to the recoveries effected from Kanjhawala Mod . They shall also be liable to pay a fine of Rs. 25,000/- each . In default of payment of fine, they shall further undergo S.I. for a period of one year, each.
Convicts Anupam Sharma and Sudhir shall also be liable to undergo R.I. for a period of five years with respect to offence punishable u/s 472 IPC and to pay a fine of Rs. 5000/- each and in default of payment of fine they shall further undergo S.I. for three months, each.
As regard each of the offence punishable u/s 120B IPC with respect to the recoveries of blank Kisan Vikas Patra (worth about Rs. 46,00000/- (Rs. Fourty Six lacs in value) convicts Anupam and Sudhir shall further undergo R.I. for a period of ten 37 years each. They shall also be liable to pay fine of Rs 25,000/- each. In default of payment of fine, they shall further undergo S.I. For one year each.
All the sentences shall run concurrently and benefit u/s 428 Cr.P.C. is given to all the convicts .
File be consigned to record room.
(Narottam Kaushal) ASJ.ROHINI/ 19.2.07 38 IN THE COURT OF SH. NAROTTAM KAUSHAL: ADDL. SESSIONS JUDGE : ROHINI COURTS: DELHI.
FIR NO.90/01.
STATE VS. ANUPAM SHARMA & ORS.
PS-KANJHAWLA.
19.2.07.
At this stage, It is noticed that convict Anupam and Sudhir have been produced from District Jail Dasna, Gaziabad, U.P. Since the jurisdiction of this court does not extend to District Jail Dasna, they are ordered to be detained in Central Jail Tihar, New Delhi. Incharge Lock-up, Rohini is directed to take them custody and produced them at Central Jail, Tihar, New Delhi.
Copy of this order be given dasti to SI Bir Lal Yadav, of District Ghaziabad, UP, who produced both the convict from District Jail Dasna, for compliance and also to Lock-up Incharge, Rohini, Delhi for compliance.
(NAROTTAM KAUSHAL) ADDL. SESSIONS JUDGE ROHINI COURTS:DELHI.