Delhi District Court
State vs (1) Sahid ......(A-1) on 2 June, 2007
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IN THE COURT OF SHRI S P GARG : ADDITIONAL SESSIONS
JUDGE : NEW DELHI
Sessions Case No : 33/05
State vs (1) Sahid ......(A-1)
s/o Miraz Mirja
r/o H.No. 13, Gali No.10,
Jafrabad, Chouhan Banger,
Delhi.
(2) Sumit s/o Rakesh ......(A-2)
R/o H.No. 212, Sadatpur
PS Khajuri Khas, Delhi
(3) Satish Kumar ......(A-3)
S/o Charan Singh
R/o V&PO Khanpur, PS Jani
Distt Meerut, (UP)
FIR No : 48/05
PS : H N Din
U/s : 489A/489B/489C/120B IPC
JUDGMENT
1. Accused Sahid (A-1), accused Sumit (A-2) and accused Satish Kumar (A-3) were arrested by the police of PS H N Din vide FIR No. 48/05 and were challaned to the court for trial for the commission of the offences punishable U/s 489A/489B/489C/120B IPC. In nut shell the prosecution case is as under:-
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2. On 22.1.05 SI Surender Dahiya posted with AATS along with HC Vinod, HC Jeet Singh, HC Rambir, Ct Anil etc were on patrolling duty. When they were present at Sarai Kale Khan, Bus Stand in their government vehicle Tata 407 DL1L-D-1504, at about 4.45 pm SI Surender Dahiya received secret information that one person was standing at the gate of Millenium Park, Sarai Kale Khan and was having fake currency notes. He also received secret information that the said person was doing the business of fake currency notes. On this, a raiding party was organized and at the gate of Millennium Park, at the pointing out of the secret informer, A-1 was apprehended. On his search 100 notes of Rs. 100 denomination were recovered which were disclosed by A-1 that they were fake currency notes. SI Surender gave his endorsement over all the notes. The fake currency notes were kept in a pulanda and sealed with the seal of AS and seized vide seizure memo. SI Surender also field up FSL form at the spot. He prepared rukka and handed over to Ct Sanjeev for registration of the FIR.
3. After registration of the FIR, the investigation of this case was handed over to ASI Om Parkash. ASI Om Parkash reached at the spot. SI Surender Dahiya handed over the seized pulandas and custody of A-1 to him. ASI Om Parkash prepared site plan and recorded statements of the concerned witnesses. A-1 was arrested by him.
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4. Further case of the prosecution is that A-1 was interrogated and his disclosure statement was recorded. A-1 disclosed that he had taken the forged currency notes from A-2 and he could identify his house. A-1 took the police team to village Sahadat Pur and there at the pointing out of A-1, A-2 was apprehended in a Gali. A-2 was searched and a packet was found in his pocket. On opening the packet 100 notes of Rs. 100 denomination were recovered. The IO seized the notes. A- 1 was sent back to PS under the custody of HC Rambir.
5. Further case of the prosecution is that the A-2 was interrogated and his disclosure statement was recorded. In pursuance of his disclosure statement, A-2 took the police party to village Khanpur. There A-3 was arrested from inside his house. One coloured printing machine was there in the room. A-3 disclosed that he prepared fake currency notes by that machine. Three packets of notes Rs 100 denomination were lying there and on counting they came to 29,000. All these currency notes were kept in a pulanda, sealed with the seal of OP and seized vide seizure memo. IO also seized printing machine, one scale, one scissor, some half printed notes and prepared its seizure memos. A-3 was interrogated and his disclosure statement was recorded. He was arrested and his personal search was conducted.
6. Further case of the prosecution is that on return from Delhi, the ` 4 case property was deposited in the malkhana. Accused were produced before the ld MM. PC remand of A-2 and A-3 was taken. During PC remand they took the police party to different places where they had delivered fake currency notes.
7. During investigation the currency notes was sent to FSL and subsequently report was collected. The IO recorded statements of the concerned witnesses at different stages of the investigation and after completion of the investigation filed challan against all the accused persons for the commission of the aforesaid offences in the court of ld MM.
8. After complying with the provision of Sec 207/208 CrPC, the ld MM committed the case to the court of sessions.
9. After hearing Ld. Add PP and Ld. defence counsel for accused persons charges U/s 120B/489B/489C IPC were ordered to be framed against A-1 and A-2 by my ld Predecessor vide order dt 22.7.05. Separate charge U/s 120B,489A/489B and 489C IPC read with section 120B IPC were ordered to be framed against A-3. The accused persons pleaded not guilty to the charges and claimed trial.
10.To bring home its case prosecution has examined PW1 HC Rajkumar, PW2 SI Surender Dahiya, PW3 Ct Sandeep, PW4 Ct Anil Kumar, PW5 Ct Sanjeev Kumar, PW6 HC Ashok Kumar, PW6 ASI Om Parkash, PW7 Ct Radhey Shyam, PW8HC Vinod ` 5 Kumar, PW9 HC Ranbir Singh and PW10 HC Ajit Singh.
11.Statements of the accused persons recorded U/s 313 CrPC. The accused persons denied their involvement in the commission of the offences. Their plea is that they have been falsely implicated in this case and nothing was recovered from their possession. Accused examined DW1 Rajkumar, DW2 Rambir, DW3 Sonu sharma and DW4 Raju in their defence.
12.I have heard ld Addl PP for the state and ld defence counsels for the accused persons. Contention of the ld. Addl PP for the state is that prosecution has established its case against all the accused persons beyond the shadow of reasonable doubt. All the accused persons were found in possession of fake currency notes. A-3 was found in possession of implements/material where fake currency notes used to be manufactured/prepared. There is nothing to disbelieve the positive testimony of the prosecution witnesses.
13.On the other hand plea of the ld defence counsels for the accused persons is that all the accused persons have been falsely implicated in this case and nothing was recovered from their possession. No independent public witness was joined in the investigation at any stage. There are material discrepancies in the testimony of the prosecution witnesses which make it unsafe to convict the accused persons. There are major discrepancies regarding the recovery of the case ` 6 property and entries in the register no. 19 regarding deposit of the case property. The case property recovered from A-3 can't be deposited on the date and time mentioned in the register no. 19 as village Khanpur was at much distance away from Delhi.
14.I have considered the arguments of the ld defence counsels for the accused persons and have gone through the file.
15.On scanning the testimony of the prosecution witnesses it reveals that A-1 was apprehended by the police on 22.1.05 and he was found in possession of counterfeit currency notes. Material testimony on this aspect is of PW2 SI Surender Dahiya. In his testimony before the court PW2 deposed that on 22.1.05 he along with HC Vinod, HC Ajit Singh, HC Ranvir Singh, Ct Anil etc. was on patrolling duty and they were present near Sarai Kale Khan Bus Stop in their government vehicle Tata 407 No. DL1LD-1504 at about 4.45 p.m. At that time, he received a secret information that a person having fake currency notes was present at the gate of Millennium Park, Sarai Kale Khan. Raiding party was organised and A-1 present before the court was apprehended at the pointing out of secret informer near the gate of Millennium Park. On his search one packet was found in his right side pocket. On opening the packet, a bundle of 100 notes of Rs. 100 denomination was found. On inquiry A-1 told ` 7 that those were fake currency notes. Further deposition of this witness is that he checked the serial number of the notes and found serial number as OHC 453636(15 notes),OHC 453637(15 notes),OHC 453638(18 notes),OHC 453639(17 notes)OHC 453640 (17 notes) and OHC 453641(18 notes). He gave his endorsement over all the notes and seized the notes by preparing its pulanda and sealed with the seal of AS and prepared seizure memo Ex PW2/A. He also proved preparation of rukka Ex PW2/B prepared by him. After the registration of the case, investigation of this case was handed over to PW ASI Om Parkash. Ex P1 to P 100 are the currency notes recovered from the possession of A-1.
16.This witness was cross examined on behalf of the accused. In the cross examination this witness stated that they had made departure entry at the time of leaving the office at Amar Colony. They all were in plain clothes. He was having no arms at that time. He had received secret information at Sarai Kale Khan Bus Stop. He fairly admitted that he had not informed the local police. It took about 5-10 minutes to reach near park from Sarai Kale Khan Bus Stop. They reached there on foot. Secret informer was with them when they reached near the gate of the park. He along with HC Vinod caught hold A-1 and took search of him at the spot. He prepared rukka in his own handwriting. ` 8 The witness denied the suggestion that all the proceedings were conducted at the PS.
17.On behalf of AI, the cross examination was conducted by the ld defence counsel. In the cross examination, this witness stated that secret information was not reduced into writing. Seal after use was handed over to HC Vinod. Seizure memo was prepared on 22.1.05 at about 5.15 pm. The witness denied the suggestion that nothing was recovered from the possession of the accused.
18.Over all testimony of this witness reveals that no material discrepancies have been elicited about the presence of the official witness along with other members of the police team. No motive has been imputed to this witness to falsely implicate A-1 in the commission of the offence. Nothing has come on record that if A-1 was known to this witness prior to the incident or was having ill-will or enmity to falsely implicate him in this case. This police witness without any ulterior motive is not expected to falsely implicate an innocent person to whom he was not even known prior to the occurrence. No suggestion was put to this witness in the cross examination if A-1 was not apprehended at the spot. A-1 did not deny his presence at the gate of the Millennium Park. A-1 failed to explain the purpose of his visit at the gate of the Millennium Park. The recovery of the fake currency notes from the possession of A-1 has not been ` 9 specifically controverted in the cross examination.
19.Testimony of PW2 inspires confidence as after apprehension of A-1 and recovery of fake currency notes from his possession, the investigation was taken over by ASI Om Parkash. In the disclosure statement of A-1, the police came to know about involvement of A-2 and A-3 and they were also found in possession of fake currency notes. Had A-1 been not arrested in this case, involvement of A-2 and A-3 in the commission of the offence would not have come in the knowledge of the police. Huge fake currency notes are not expected to be planted upon A-1. In the absence of any material contradictions, the testimony of PW2 SI Surender Dahiya can't be rejected simply because he happens to be a police official.
20.PW4 Ct Anil Kumar another member of the raiding party, has fully supported the prosecution and has corroborated the version given by PW2 SI Surender on all material facts. This witness was also deposed about the apprehension of A-1, on the pointing out of secret informer at the gate of Millennium Park and recovery of 100 notes of Rs 100 denomination from his possession. This witness continued to join the investigation even with ASI Om Parkash and further deposed that in pursuance of his disclosure statement A-1, he took the police party to the person from whom he had taken the forged currency notes ie A-2. A-1 took the police party ` 10 to Sadatpur and at his pointing out A-2 was arrested and apprehended. On his search a packet was found and on opening the packet 100 notes of Rs 100 denomination were recovered which were seized by the IO. A-1 was brought back to police station under the custody of PW Ranvir.
21.This witness further deposed that A-2 was interrogated and his disclosure statement was recorded. A-2 took the police party to village Khanpur and at his instance A-3 was apprehended at his house where he was sitting on a cot. There they found one printing machine in the room. 290 notes of Rs 100 were also lying there. IO prepared seizure memos of the same.
22.In the cross examination the witness stated that village of A-3 was at a distance of 14/15 KM from Modinagar. They have not gone to the local police station before going to the house of A-3. House of A-3 was about 5/6 houses from the beginning of the village. The room from where the articles were seized was about 10x12 ft. There was only one cot where A-3 was sitting. They all were in plain clothes. The second IO reached at the spot at about 6.45/7 a.m. They remained present at the Millennium Park for about 1 ½ hours. They had gone to Meerut by private vehicle. He did not know the name of driver of private car.
23.The witness further stated that they reached near the gali of A-2 at about 8.15 p.m. The witness denied the suggestion that he did not join the investigation. Witness further stated that they had reached at Sadatpur at about 8 or 8.30 am. A-1 was with them at that time. A-1 ` 11 left them to that place. The witness denied the suggestion that A-2 was lifted from his house at Loni Road on 15/1/05 or that he was illegally confined for about one week.
24.Again the testimony of this witness reveals that on material facts this witness has supported the prosecution and has corroborated the testimony of PW2 SI Surender Dahiya. Again no motive was imputed to this witness to falsely implicate the accused persons. In the absence of any material contradictions the testimony of this police witness can't be rejected.
25.PW5 Ct Sanjiv Kumar has also supported the prosecution on material facts and deposed about the apprehension of A-1 at about 5 pm on 22.1.05, after secret information was received about his presence near the gate of Millennium Park. The witness also proved the recovery of 100 notes of Rs 100 denomination on his person which was disclosed to be fake notes. The witness further stated that the recovered fake notes was seized vide memo Ex PW2/A. Seal after use was handed over to HC Vinod. IO prepared rukka and handed over to him for registration of the case. He went to the PS and got the present case registered. He came back with ASI Om Parkash to whom the case was marked.
26.The witness further stated that ASI Om Parkash interrogated A-1 and recorded his disclosure statement Ex PW5/A. IO directed PW Anil to bring government vehicle which was left near the bus stop. PW SI Surender left the spot. As per disclosure statement of A-1, he took the police party to Sadatpur and at his pointing out, A-2 was ` 12 arrested in a gali and on his personal search a packet was found from his pocket and on opening the packet 100 notes of Rs. 100 were recovered. The same was seized vide memo Ex PW5/B. A-2 was interrogated and his disclosure statement Ex PW5/C was recorded. A-1 was sent back to PS in the custody of HC Ranbir. Government vehicle was also also sent back . A private vehicle was called. IO took permission to go out station. As per disclosure statement of A-2 , he took the police party to village Khanpur, Distt Meerut. At his pointing out, door of the house of A-3 was knocked. Father of A-3 opened the door. A-3 was found sitting in a cot and as per pointing out of A-2 , A-3 was apprehended. One coloured printer was there in the room. A-3 told that he prepared fake notes by that machine. Three packets of Rs. 100 notes numbering 290 were also lying there. IO prepared the seizure memo of the printing machine, one scale, one scissor, some half printed notes was seized vide memo Ex PW5/D. A-3 was interrogated and his disclosure statement Ex PW5/E was recorded. A-3 was arrested and his personal search was conducted vide memo Ex PW5/F.
27.This witness was tested in cross examination. In the cross examination, the witness stated that their office was situated at Amar Colony chowki. IO had made DD entry regarding departure of patrolling party. They reached at the first gate of the Millennium Park on foot. It took about 2 or 3 minutes to reach there . On the day of recovery he had seen the recovered notes and told the numbers in his statement recorded U/s 161 CrPC. He took rukka at ` 13 about 6.15 pm and came back to the spot at about 7 pm. The witness further stated that they remained present near the gali of A-2 till 9.30 p.m. The private vehicle was Qualis. Six police officials along with A-2 went to the house of A-3. IO had talk with SHO and ACP before leaving for Meerut. ACP had given verbal permission to go to Meerut. He did not remember the name of driver of the Qualis. But he was aged about 30/35 years. It took about one and a half hour to reach at the house of A-3 from the house of A-2. Local police was not informed. The gate of the house was opened by father of A-3. The printing machine was not operated. He did not know if IO had sent the printer to FSL or not. The witness denied the suggestion that printer Ex P2 was planted in Delhi or notes were also planted on the accused. This witness fairly admitted that fake notes were not recovered from the pocket of A-3. This witness stated that notes were recovered from near the cot in open condition. The notes were counted by the IO. IO deposited the case property in the malkhana after return from Meerut on the same day.
28.On behalf of A-1 this witness was cross examined. In the cross examination the witness stated that secret informer was young and aged about 20-30 years. The secret information was received at about 4.45 p.m. at Sarai Kale Khan. The official vehicle along with driver was left there and remaining all of them went one after the other at the spot. It took about 15/20 minutes at the spot to prepare seizure memo. The witness denied the suggestion that nothing was recovered from A-1.
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29.Again the testimony of this witness establishes involvement of all the accused persons in the commission of the offence. Material facts proved on record by this witness have remained unchallanged in the cross examination. No motive has been imputed to this witness also to make false statement against all the accused persons regarding recovery of fake notes from their possession. The accused persons did not deny their presence at the places of their apprehension. They did not produce any witness in defence to show that on the day of their apprehension, they were not present at the spot or that they were available at some other specific place. A-3 was apprehended from his house and A-3 did not bother to examine any witness from his house to controvert the plea of the witness about his apprehension and recovery of notes. No complaint was ever lodged by any of the family members of these accused persons regarding their false apprehension in this case. In the absence of any material inconsistency in the testimony of the prosecution witnesses, their testimony can't be disbelieved.
30.Another material witness examined by the prosecution is PW9 HC Ranbir Singh. He was another member of the raiding party along with SI Surender. This witness has also testified that on receipt of secret information about the presence of one person standing at the gate of Millennium Park, they all reached there and apprehended A- 1 near the gate of Millennium Park. On inquiry A-1 disclosed his name as Shahid. On his search a packet wrapped with white paper was found from the right side pocket. On opening the packet IO ` 15 found one bundle of 100 rupees currency notes and on counting it was found 100 notes. A-1 disclosed that the notes were fake. The notes were seized after preparing its sealed pulanda. This witness further deposed that after registration of the case, ASI Om Parkash reached at the spot and PW SI Surender handed over the accused and seized parcel to him. A-1 was interrogated and his disclosure statement was recorded. Thereafter A-1 took the police party to village Khajuri Khas and as per his pointing out, A-2 was apprehended and on his search again 100 notes of Rs. 100 denomination were recovered which were seized. He along with A-1 returned back to the PS.
31.This witness was cross examined by the ld. defence counsels for the accused persons. In the cross examination the witness stated that fake currency notes recovered by previous IO were given by him to the present IO. ASI Om Parkash had reached at the spot at about 6.15 pm after registration of the case. Seizure memo Ex PW2/A was prepared in his presence. Site plan Ex PW5/B was prepared by ASI Om Parkash. This witness further stated that he had taken A-1 at AATS Office at about 8.45 p.m. In the cross examination conducted on behalf of A-1 and A-2 this witness stated that he did not know whether IO had given any information regarding arrest of accused at PP Sarai Kale Khan. The witness denied the suggestion that he was not present at the spot and no recovery was made in his presence.
32.The entire testimony of this witness also reveals that no material discrepancies have been elicited in the cross examination. Facts ` 16 proved on record by this witness have also remained unchallanged in the cross examination. This witness had no ulterior motive to falsely implicate the accused persons with whom he was having no acquaintance prior to the occurrence. No motive has been imputed to this witness also for falsely alleging huge recovery of fake currency notes from the possession of A-1. A-1 and A-2 did not deny their presence at the place of their arrest. They did not assert themselves to be present at any other specific place at that time.
33.PW6 ASI Om Parkash has also fully supported the prosecution and has corroborated the version given by the prosecution witnesses. He has also deposed that after the investigation of this case investigation of this case was assigned to him on 22.1.05. He reached at the spot and arrested A-1. A-1 was interrogated and his disclosure statement Ex PW5/A was recorded. A-1 disclosed that he had taken Rs. 10,000/- notes from A-2 residing in Khajuri Khas. Thereafter he along with A-1 and other police official went to Khajuri Khas and near the gali in Khajuri Khas A-2 was arrested at the pointing out of A-1. On search of A-2 RS 10,000/- consisting of 100 currency notes of RS 100 denomination were recovered from the right side pocket of his pant. A-2 was interrogated and his disclosure statement was recorded which is ex PW5/C. A-2 took the police party to ` 17 village Khanpur, Meerut and there A-3 was arrested from his house. One colour printer was there inside the room and on inquiry A-3 told that he had prepared fake currency notes by that machine. Three packets of 100 currency notes were lying there and on counting it was found 290 notes amounting to Rs 29,000/-. All these articles were seized vide seizure memo Ex PW5/D. A-3 was arrested and his disclosure statement was recorded. The witness further denied the suggestion that the recovered notes and other articles Ex PW6/P1,P2,P3,P4,P5/1 and 2,P6.1 to 5,P7/1 to 3,P8 and Ex P9 have been planted in this case.
34.In the cross examination this witness stated that information was received by DD No. 12A which was handed over to him by Ct. Roop Singh. He reached at the spot at about 7.25 p.m. and arrested A-1. He entered FIR number in the memo Ex PW2/A which was prepared by SI Surender prior to the registration of the FIR. They reached near residence of A-2 at about 8.30 p.m. It took about 40 minutes to complete proceedings there. A-2 took them to Meerut and reached there in Qualis vehicle belonging to his friend Pramod. Ct Vinod drove the vehicle to Meerut. They left for Meerut at about 9.15 p.m. and reached near the house of A-2 at about 10.30 p.m. . He had not informed the local police regarding the raid. He had requested ` 18 4/5 persons to join the raiding party. House of A-3 was one storey. A-3 was sitting on a charpai inside the house. This witness admitted that he had not operated the printer and had not sent to FSL. He did not see any computer at the spot at the time of recovery. He deposited the printer and notes recovered from A-3 in the malkhana in the morning of 23.1.05. This witness denied the suggestion that printer and notes had already been deposited on 22.1.05 by SI Surender. In the cross examination this witness stated that one 100 rupee genuine note was recovered in the personal search of A-2. No other genuine currency note was recovered from the possession of A-
2. They had not entered inside the house of A-2. A-2 had met them in the gali. The witness denied the suggestion that A1 and A-2 did not make any disclosure statement and nothing was recovered from them.
35.Testimony of this witness, reveals that this witness has corroborated the testimony of the other prosecution witnesses. Again there is no material contradiction in his cross examination to reject his testimony.
36.All the above referred prosecution witnesses have fully supported the prosecution and have corroborated the version of each other on all material aspects. There are no major discrepancies or improvements in their testimony to disbelieve ` 19 them. There was no enmity of police witneses with the accused persons prior to the occurrence to falsely implicate them in this case. Even the accused persons were not related to each other. They were not known to the police witnesses before the occurrence and their residential addresses were also not known to them. The involvement of A-2 came to the knowledge of the police during the disclosure statement of A-1. Involvement of A- 3 came to the knowledge of the police in the disclosure statement of A-2. It shows that disclosure statement of A-1 led the discovery of new facts which were not earlier within the knowledge of the police. Similary disclosure statement of A-2 led the police party to reach to A-3. There was no secret information about the involvement of A-2 and A-3 at the time of apprehension of A-1. Nothing has come on record to show that A-2 and A-3 were not known to A-1. The accused persons did not examine any reliable witness in defence to prove their innocence. There is nothing to disbelieve the positive testimony of the prosecution witnesses.
37.I do agree with the contention of the ld. defence counsel for the accused persons that no independent public witness was joined in the investigation by the police. However, on that account the testimony of the police officials can't be rejected. It is well settled law that police officials are as good witnesses as ` 20 that of any other independent public witness unless there are material discrepancies or contradictions in their testimony. In the case reported in AIR 2003 SC 1311, the Hon'ble Supreme Court has observed that there is no principle of law that without corroboration by independent witness the testimony of police personnel can't be relied upon. Presumption that person acts honestly as applies as much in favour of police personnel as of other person.
38.In the absence of any motive imputed to the prosecution witnesses and in the absence of ill will or enmity, the police witnesses are not expected to falsely implicate all the accused persons living at different places.
39.Minor contradiction regarding entry in register No. 19 about the date when the case property was deposited is not material to throw away otherwise cogent testimony of the prosecution witnesses.
40.All the accused persons were found in possession of huge currency notes which were found fake as establish in FSL report ExP1. Accused persons have failed to explain possession of all these fake currency notes in their possession. They have failed to explain how and under what circumstances they came into possession these currency notes. They also failed to explain the purpose of having in possession of all these fake currency notes. ` 21
41.In the statements recorded u/s 313 Cr.P.C the accused persons did not give plausible explanation to the incriminating circumstances appearing against them. They failed to give explanation for their false implication in this case.
42.DW-1 Raj Kumar examined on behalf of A-3 merely alleged that on 22/1/2005 A-3 was present in the marriage of son of DW-2 Rambir. In the cross examination, he stated that on 23/1/2005 he came to know that A-3 was apprehended by the police. DW-1 and DW-2 have failed to explain as to when and under what circumstance A-3 was apprehended by the police in this case. They did not lodge any complaint against any police official for false implication of A-3 in this case.
43.DW-3 Sonu Sharma has appeared as defence witness on behalf of A-1. Again his testimony is not sufficient to prove the innocence of the accused. DW-4 Raju has appeared on behalf of A-2 and has deposed about the apprehension of A-2 in the month of Jan,2005. The testimony of this witness is not helpful to A-2.
44.On scanning the testimony of all the above prosecution witnesses, I am of the that prosecution has established beyond doubt that all the accused persons were found in possession of fake currency notes. They failed to explain how and under what circumstance they (accused persons) came into possession of ` 22 these fake currency notes. It shows that all the accused persons received or retained the fake currency notes, knowing or having reason to believe the same to be fake and intended to use them genuine. So the prosecution has established the commission of the offence punishable U/s 489C IPC by all these accused persons.
45.Regarding Section 489A,489B and 120B IPC, I am of this view that prosecution has failed to prove its case against any of the accused persons beyond doubt. There is nothing on record to show if and when all the accused persons hatched conspiracy to use fake currency notes as genuine. Again there is nothing on record to show if any of the accused persons performed the process of manufacturing or printing counterfeiting currency notes. There is no evidence on record to show if A-3 was seen making counterfeit currency notes. Mere recovery of one printer or other material from the house of A-3 did not show if these fake currency notes found in his possession were manufactured/prepared by him. No computer was found in the house of the accused. No expert evidence was brought on record to show if A-3 was capable to make/manufacture fake currency notes only with the material found at his house. So there is no worth-while evidence on record to prove the commission of the offence punishable U/s 489A/489B and ` 23 120B IPC. All the accused persons are given benefit of doubt for the commission of these offences and are acquitted.
46.Accordingly A-1 to A-3 are held guilty and convicted for the commission of the offence punishable U/s 489C IPC only.
Announced in the open Additional Sessions Judge Court on 31/5/07 Patiala House New Delhi ` 24 IN THE COURT OF SHRI S P GARG : ADDITIONAL SESSIONS JUDGE : NEW DELHI Sessions Case No : 33/05 State vs (1) Sahid ......(A-1) s/o Miraz Mirja r/o H.No. 13, Gali No.10, Jafrabad, Chouhan Banger, Delhi. (2) Sumit s/o Rakesh ......(A-2) R/o H.No. 212, Sadatpur PS Khajuri Khas, Delhi (3) Satish Kumar ......(A-3) S/o Charan Singh R/o V&PO Khanpur, PS Jani Distt Meerut, (UP) FIR No : 48/05 PS : H N Din U/s : 489C IPC ORDER ON SENTENCE
1. I have heard the convicts on the point of sentence.
2. The convicts have prayed to take lenient view as they have already remained in JC in this case for some months. Plea of A-1 is that he has been falsely implicated in this case and has remained in JC in this case for about 9 months. He is not a previous convict. He is the only earning member of this ` 25 family. Plea of A-2 is that he was remained in JC in this case for about six months and he is only earning member of his family. He has old parents to look after.
3. Plea of A-3 is that he is JC since 22.1.05. HE is not a previous convict. He is not involved in any criminal activity.
4. I have considered the prayer of the convicts and have gone through the file. On perusal of file, it reveals that the offence committed by all these accused persons is very serious. The accused persons were found in possession of huge fake currency notes. They failed to explain as to how and under what circumstance the huge currency notes came in their possession. They also failed to explain the purpose of having so much fake currency notes with them.
5. Considering all the facts and circumstances of the case, the prayer of the convicts the fact that they have remained in JC for some months;the fact that they are not previous convicts and are not involved in any other criminal activity; the fact that they are only earning member of the irrespective families . Lenient view is taken and convict Sahid(A-1), Sumit (A-2) and Satish (A-3)are sentenced to undergo rigorous imprisonment for two years and six months each with fine of Rs.5000/- each and in default of payment of fine to undergo SI for three months each for the commission of the offence punishable U/s 489C IPC.
6. The period already undergone in JC by the convicts in this ` 26 case shall be counted and set off against their substantive sentence U/s 428 CrPC.
Copy of the judgment be given to each of the convict free of cost. File be consigned to record room.
Announced in the open court on 2/6/2007 Additional Sessions Judge New Delhi