Delhi District Court
State vs Resham Singh Etc., on 20 October, 2011
(P/1)
FIR NO.200/2005
u/s 420/471/120 B IPC
P.S. IGI Airport
IN THE COURT OF SH RAJESH KUMAR GOEL
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE-02 ,
DWARKA COURTS
FIR NO.200/2005
u/s 420/471/120 B IPC
P.S. IGI Airport
Date of institution : 04.04.2006
Date of final argument : 20.10.2011
Date of final order : 20.10.2011
JUDGMENT:
A SL NO. OF THE CASE : 02403R00203172006 B: DATE OF OFFENCE : on or before 28.3.2005 C: NAME OF THE : State COMPLAINANT D: NAME OF THE : 1. Resham Singh ACCUSED s/o Iqbal Singh ( P.O) PERSON 2 . Abhinav Shukla s/o Sh Ramanuj Shukla r/o DII/ 66, Nanakpura, Moti Bagh South, New Delhi.
E: OFFENCE : U/S 420/471/120 B IPC COMPLAINED OFF F: PLEA OF ACCUSED : Pleaded not guilty G: FINAL ORDER : Acquitted . H: DATE OF SUCH : 20.10.2011 ORDER (P1of 8) state vs Resham Singh etc., (P/2) FIR NO.200/2005 u/s 420/471/120 B IPC P.S. IGI Airport BRIEF REASONS FOR DECISION: 1. Briefly stated allegations are that on
28.3.2005, at 1:00 hours at arrival right wing of the immigration of IGI Airport, within the jurisdiction of P.S IGI Airport, one pax Resham Singh produced passport no. E 6894637 for immigration clearance which on scrutiny , it was found that Czeck Visa number CB 949680 is forged . On questioning accused Resham Singh( absconder ) revealed that his journey was arranged by coaccused Abhinav Shukla and Lakhwinder Singh @ Lucky for unlawful consideration which was used by said accused Resham Singh as genuine knowing and having reason to believe the same to be forged.
2. After investigation the chargesheet was filed against the accused person. Prima facie case U/s 420/471 r/w 120 B IPC was made out against the accused person . After compliance of section 207 Cr. P.C , Accused person were charged accordingly by the ld Predecessor of this court to which they pleaded not guilty and claimed to be tried.
3. Here it is pertinent to mention that during the pendency of the present case, accused Resham Singh was declared absconder vide (P2of 8) state vs Resham Singh etc., (P/3) FIR NO.200/2005 u/s 420/471/120 B IPC P.S. IGI Airport order dated 26.4.2011 .
4. In support of its case , prosecution has examined seven witnesses.
5. PW1 R.P Singh is the complainant and was posted as clearing officer at IGI Airport . PW2 S.I Afsar Raza and PW7 Retd S.I Satish Kumar are the IO's who carried out the investigation. PW3 Sh Birbal proved the passport verification report of PP no .E 6894637 vide ExPW3/C. PW4 Ct. Bhisham Kumar is the witness to whom pax, travel documents and rukka were handed over by the complainant for registration of FIR. PW 5 HC Lokesh is the duty officer who proved the registration of FIR vide ExPW5/A. PW6 HC Rampal Singh is the witness who accompanied the IO during investigation.
6. Thereafter prosecution evidence was closed and statement of accused Abhinav Shukla u/s 281 Cr.PC was recorded wherein the accused denied the allegations made against him. However, he did not opt to lead any evidence in his defence.
(P3of 8) state vs Resham Singh etc., (P/4) FIR NO.200/2005 u/s 420/471/120 B IPC P.S. IGI Airport
7. I have perused the record , heard the Ld. APP for State and the ld counsel for the accused .
8. Accused Abhinav Shukla is facing trial for the offence u/s 420/471/120 B . It is alleged that he entered into a criminal conspiracy alongwith coaccused person to facilitate the journey of Resham Singh( absconder) on the basis of forged Czeck Visa . But there is no evidence at all against him . It appears that he has been made the accused in the present case only on the disclosure statement of the co accused Resham Singh , which is not admissible . Although, prosecution has examined seven witnesses but none of the witness has said anything material against the present accused .
9. PW 4 Ct Bhisham Kumar, PW5 HC Lokesh and PW6 HC Rampal Singh are just formal witnesses. PW3 Sh Birbal has proved the passport verification report as ExPW3/C. These witnesses have said nothing material against the accused Abhinav Shukla. The testimonies of these witnesses may be relevant against the coaccused Resham Singh , who has already been declared absconder , but they have also said nothing material as against the present accused . In these (P4of 8) state vs Resham Singh etc., (P/5) FIR NO.200/2005 u/s 420/471/120 B IPC P.S. IGI Airport circumstances, testimonies of PW1 ACIO R.P Singh , complainant , PW2 S.I Afsar Raja and PW 7 Retd S.I Satish Kumar remains.
10. First of all take the testimony of PW1 R.P Singh . He deposed that on 28.3.2005, he was handed over one deportee namely Resham Singh , who was holding passport no. E 6894637 . On scrutiny of the travel document and passport it was found that visa affixed on page no. 25 is not genuine. During interrogation , he revealed that visa was arranged by one agent Lucky @ Lakhwinder Singh against the payment of Rs one lakh who was the resident of China. PW1 lodged the complaint ExPW1/B.
11. During his cross examination, PW1 admitted that accused Resham Singh( absconder) had departed from Calcutta on his genuine documents and visa was arranged by Lucky @ Lakhwinder Singh in China. From the testimony of PW1 , it is clear that he has said nothing against the accused Abhinav Shukla .
12. PW2 S.I Afzar Raza deposed that on 28.3.2005, investigation of the present case was handed over to him alongwith pax (P5of 8) state vs Resham Singh etc., (P/6) FIR NO.200/2005 u/s 420/471/120 B IPC P.S. IGI Airport Resham Singh, travel documents ExP1 to P6 and rukka. He arrested the accused Resham singh vide ExPW7/A and recorded his disclosure statement ExPW6/B. He visited the native place of the pax where Plawinder Singh , brother of the accused Resham Singh stated that he had given Rs one lakh to accused Abhinav Shukla for arranging the journey of accused Resham Singh . He further deposed that Palwinder told him that accused Abhinav Shukla had travelled with his brother Resham Singh . He collected the details from Kolkatta immigration and Indian Airlines and it was confirmed that Abhinav Shukla travelled with Resham Singh. He opened the LOC of accused Abhinav Shukla and thereafter, he was transferred and investigation were assigned to some other IO.
13. PW7 Retd S.I Satish Kumar deposed that he alongwith HC Ramvir went to Calcutta on receipt of an information regarding detection of LOC Abhinav Shukla qua present case. He brought him back to Delhi and arrested him vide arrest memo ExPW7/A and recorded his disclosure statement vide ExPW7/B. PW2 and PW7 was cross examined by the accused.
14. Although, PW2 S.I Afsar Raza has stated that one (P6of 8) state vs Resham Singh etc., (P/7) FIR NO.200/2005 u/s 420/471/120 B IPC P.S. IGI Airport Palwinder , brother of the accused Resham Singh disclosed that he paid Rs Rs One lakh to the accused Abhinav Shukla , who facilitated the visit of the pax Resham Singh but presence of the said Palwinder was not secured by the prosecution despite opportunity as it was reported that he is resident of England.
15. One of the allegation against accused Abhinav Shukla is that he travelled with accused Resham Singh from Kolkata in the same flight. I am of the opinion that even if , accused Abhinav Shukla was found traveling in the same flight , in which accused Resham Singh ( abconder) was also traveling or merely travelling in the same flight or presence of the accused Abhinav Shukla in same flight is not sufficient to convict him . Prosecution has failed to connect the chain of circumstances.
16. Further, it has come on record that accused had gone from Kolkatta on his genuine documents and the alleged visa was arranged in China . That being so, the offence , if any , has been committed in China and not in India. Therefore , in these circumstances, the sanction as required u/s 188 CrPC was must but no such sanction has been obtained by (P7of 8) state vs Resham Singh etc., (P/8) FIR NO.200/2005 u/s 420/471/120 B IPC P.S. IGI Airport the prosecution or investigating agency. In the absence of the said sanction the accused cannot be prosecuted. In this regard help can be taken from the decision of the cases titled as Afsar Hussain vs State reported as 1991 JCC 333 ( Delhi ) and Syed Asgar vs Govt of Andra Pradesh reported as 2005 CrLJ 3399.
17. Keeping in view the above observation, facts and circumstances of the case, I am left with no option but to hold that prosecution has failed miserably to prove its case against the accused Abhinav Shukla beyond the shadow of doubt. Accordingly, accused Abhinav Shukla stands acquitted from the charge u/s 420/471/ 120 B IPC . His surety stands discharged.
18. File be consigned to record room with liberty to revive as and when accused Resham Singh ( absconder) is traceable and with direction file not to be destroyed.
(RAJESH KUMAR GOEL) Addl Chief Metropolitan Magistrate-02/Dwarka courts ANNOUNCED IN THE OPEN COURT TODAY I.E 20.10.2011 (P8of 8) state vs Resham Singh etc.,