Delhi District Court
State vs Ram Sewak on 24 May, 2025
IN THE COURT OF MS. KRITIKA JAIN, JMFC-03,
SOUTH WEST DISTRICT, DWARKA COURTS, DELHI
CNR No. : DLSW02-000008-2003
FIR No. : 320/2003
U/s : 420/466/468/473/471/474/476/120B
IPC
P.S. : Dwarka Sector-23
State v/s Ram Sewak and Ors.
a) Name of the complainant : ASI Charan Singh
b) Name & address of
accused persons : 1. Ram Sewak S/o Sh.
Suraj Pal, R/o H. No.
RZH-A/934,
Raj Nagar Part II, Palam
Colony, New Delhi.
2. Jitender Kumar S/o Sh.
Krishan Chandra
R/o Flat No. 785, LIG,
Pocket II, Sector-14,
Dwarka, New Delhi.
3. Suresh Chandra S/o Sh.
Raja Raja, R/o Flat No.
261, MIG, Pocket-II,
Sector-14, Dwarka, New
Delhi.
4. Sant Singh (proceedings
abated).
c) Offences complained of : Sections
120-B/ 420/ 466/
468/ 471/ 473/ 474/
476 IPC r.w. section
120-B IPC.
e) Plea of the accused persons : Pleaded not guilty.
State v/s Ram Sewak and Ors. Page 1 of 79
FIR No. 320/2003
PS Dwarka Sector-23
f) Ld. APP for the State : Sh. Manish Kaushik
g) Final Order : Acquittal
h) Date of Institution : 29.10.2003
i) Judgment Pronounced on : 24.05.2025
JUDGMENT
Brief facts of the case:
1. Brief facts of the present case are that accused persons (1) Ram Sewak, S/o Sh. Suraj Pal (2) Jitender Kumar, S/o Sh.
Krishan Chandra (3) Suresh Chandra, S/o Sh. Raja and (4) Sant Singh, S/o late Sardar Satnam Singh agreed with each other to do illegal act of preparing forged and fabricated castes certificate and character certificates for recruitment in army and other departments and besides the above said agreement, accused did some acts in pursuance of the said agreement to commit the offence of cheating and forgery. Further, in pursuance to the criminal conspiracy hatched amongst them, all of the said accused persons cheated and dishonestly induced the general public persons to deliver the cash amount for preparing forged and fabricated OBC certificate and character certificate for the purpose of causing wrongful loss to the departments such as army and other departments who on the basis of those forged and fabricated documents recruited such candidates or to the candidates who might not have been selected and the verification report of recruity Dharam Veer, son of Sh. Raj Kumar and Mahender Kumar son of Sh. Rudranath Singh State v/s Ram Sewak and Ors. Page 2 of 79 FIR No. 320/2003 PS Dwarka Sector-23 were found forged and fabricated and all of the said accused persons in furtherance of criminal conspiracy also prepared forged and fabricated caste certificate (OBC) and character certificate of decoy customer Zafar Khan and found in possession of fake and counterfeit rubber stamps of different SDMs, police stations, tehsildar & prints of cast certificates and character certificates etc. Further, accused persons (1) Ram Sewak S/o Suraj Pal (2) Jitender S/o Krishan Chandra, (3) Suresh Chand S/o Raja, and (4) Sant Singh S/o Late Sardar Satnam Singh agreed with each other to do illegal act of preparing forged and fabricated Caste Certificate for recruitment in Army and other departments and besides the above said agreement, the said accused persons did some acts in pursuance of the said agreement to commit the offence of cheating and forgery. Further, in pursuance of the criminal conspiracy hatched amongst the accused persons, accused Ram Sewak dishonestly induced the general public and the decoy customer(Constable Jaffar) to deliver the forged and fabricated OBC Certificate and other Certificates on payments for the purpose of wrongful loss to the Department i.e., Army and other Departments and wrongful gain to themselves, the Government Departments on the basis of those forged and fabricated documents recruited candidates who might have not been selected and the verification report of recruitees Dharamvir and Mahender Kumar were found forged and fabricated. Further, all the accused persons in furtherance of criminal State v/s Ram Sewak and Ors. Page 3 of 79 FIR No. 320/2003 PS Dwarka Sector-23 conspiracy hatched, forged OBC Certificate and other certificates of recruitees Dharamvir S/o Raj Kumar and Mahender Kumar S/o Rudra Nath Singh and certificates in the name of decoy customer (Constable Jaffar Khan) which purported to be made by public servants in official capacity. The accused persons in furtherance of criminal conspiracy forged OBC Certificates and Character Certificates of recruitees Dharamvir S/o Raj Kumar and Mahender Kumar S/o Rudra Nath Singh and certificates in the name of decoy customer (Constable Jaffar Khan) intending that they shall be used for the purpose of cheating. Further, it is the case of the complainant that all of the accused persons, fraudulently used as genuine the forged OBC Certificates and Character Certificates of recruitees Dharamvir S/o Raj Kumar and Mahender Kumar S/o Rudra Nath Singh and certificate in the name of decoy customer (Constable Jaffar Khan) which the accused persons all knew at that time when used by the recruitees to be forged documents. Also, on 30.08.2003 and 31.08.2003, all accused persons in furtherance of criminal conspiracy hatched amongst them, the said accused persons were found in possession of counterfeit seals/stamps for making impressions intending that the same shall be used for the purpose of committing forgery punishable under Chapter XVIII other than Section 467 IPC. Further, all accused persons in furtherance of criminal conspiracy hatched, and on 30.08.2003 and thereafter, accused Ram Sewak and Jitender Kumar were found in State v/s Ram Sewak and Ors. Page 4 of 79 FIR No. 320/2003 PS Dwarka Sector-23 possession of documents which they fraudulently or dishonestly intended to be as genuine and that the said documents fall under one of the descriptions mentioned in Section 466 IPC. Also, all accused persons in furtherance of criminal conspiracy hatched amongst them, counterfeited upon the seal/ stamps and documents (other than those falling under Section 467 IPC).
Proceedings before the Court
2. On completion of the investigation, a chargesheet was filed against accused persons. After taking cognizance of the offences, the said accused persons were summoned to face trial.
3. On appearance of the accused persons, copy of charge sheet along with documents was supplied to the accused persons in terms of Section 207 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC').
4. After hearing arguments on charge, accused persons were charged for the offence u/s 120-B/ 420/ 466/ 468/ 471/ 473/ 474/ 476 IPC r.w. section 120-B IPC.
5. During the trial, prosecution has examined the following witnesses:
(i) PW-1 ASI Ram Rattan, No. 1250 PCR, Outer District, New Delhi deposed that on 30.8.2003, he was posted at P.S. Dwarka and was working as Duty officer from 8.00 a.m to 4 p.m. At about 3:25 p.m he received one rukka brought by Ct. Raja Ram sent by State v/s Ram Sewak and Ors. Page 5 of 79 FIR No. 320/2003 PS Dwarka Sector-23 ASI Charan Singh on the basis of which he recorded FIR No. 320/03 of this case. He have brought the original FIR Register in Court. The carbon copy of the same was Ex.PW1/A (OSR). He also made endorsement Ex.PW1/B on the original rukka which was in his hand and bears his signature at point A. The said wintess was not cross examined despite being given opportunity.
(ii) Vide order dt. 28.01.2023, PW2 Sh. Rajeshwar Nath Aggarwal was deleted from the array of parties as the said witness was expired.
(iii) PW-3 SI Jagpal Singh, No. 2561, DIU West District, Rajouri Garden deposed that on 30.08.2003, he was posted in a special staff South West District as HC.
On that day, ASI Charan Singh sent him to Bajaj Physical Institute located at RZ G 398 Raj Nagar - II, Delhi alongwith Ct. Jafar Khan as decoy customer and secret informer. He was assigned the role shadow witness by ASI Charan Singh and ASI Charan Singh handed over eight currency note of Rs. 500/- who was the decoy customer for obtaining forged certificate of character and caste certificate to verify the information received through secret informer. They all three left their office at 8.10 am to reach at Bajaj Physical Institute, reaching there they found that accused Ram Sewak present in the court and was found sitting on the main counter of State v/s Ram Sewak and Ors. Page 6 of 79 FIR No. 320/2003 PS Dwarka Sector-23 the aforesaid office and accused Ram Sewak had entered in an agreement with decoy customer Ct. Jafar Khan for one OBC certificate and one character certificate in lieu of Rs. 10,000/-. Accused Ram Sewak demanded Rs. 4000/- and photograph from Ct. Jafar Khan for preparing forged certificate in advance accordingly, Ct. Jafar Khan handed over Rs. 4000/- and one photograph and at the time of handing over, Ct. Jafar Khan was uttering in loud sound that he was giving Rs. 4000/- and one photograph at that time he was standing near the gate of the aforesaid institute and heard the conversations going between them. Accused Ram Sewak assured decoy customer Ct. Jafar Khan that he would hand over the certificate at about 12.00 noon in front of Dada Dev Mandir, Palam. Thereafter, they all three returned back at the officer at special staff and narrated the whole incident to ASI Charan Singh. Thereafter, a raiding party was constituted on the direction senior officer comprising ASI Raj Kumar, ASI Rajinder Singh, ASI Charan Singh, ASI Nirakar, HC Bacchu Singh, Ct. Raja Ram, Ct. Krishan Kumar, Ct. Dinesh Kumar, Ct. Vinay Kumar, Jafar Khan and himself under the supervision of Inspector H.S. Gill. Party was briefed and at about 11.00 am raiding party left the officer in two private vehicles to reach at Dada Dev Mandir and at about 11.40 am raiding party State v/s Ram Sewak and Ors. Page 7 of 79 FIR No. 320/2003 PS Dwarka Sector-23 reached at aforesaid Dava Dev Mandir, on the direction of ASI Charan Singh, decoy customer Ct. Jafgar Khan took position at the gate of aforesaid Mandir and he was standing near the gate of aforesaid mandir behind the pillar to see and listen to the conversation between decoy customer and accused and on the direction of ASI Charan Singh other member of raiding party took their respective positions. At about 12.05 pm, one Maruti white color bearing no. DL4CQ-0428 stopped at the gate of aforesaid mandir accused Ram Sewak was seated on the driver seat and he pull down side window mirror of the car and handed over the aforesaid two certificates to decoy customer Ct. Jafar Khan and made demand for revealing Rs. 6000/- seeing and hearing this he made a signal to ASI Charan Singh other member of raiding party and accused Ram Sewak was apprehended. Decoy customer Ct. Jafar Khan handed over to ASI Charan Singh out of two certificates one certificate was caste certificate in the name of Jafar Khan s/o Shaukat Ali r/o J-78 New Silam pur Delhi whereon photograph of Ct. Jafar Khan was affixed and same was bearing seal and signature of SDM Silam Pur and another certificate was character certificate in the name of decoy customer Ct. Jafar Khan bearing the seal and signature of Panna Lal, Municipal Counselor of Babar Pur Delhi. Both the aforesaid certificates were State v/s Ram Sewak and Ors. Page 8 of 79 FIR No. 320/2003 PS Dwarka Sector-23 seized vide seizure memo Ex.PW3/A which bears his signature at point A. Thereafter, personal search of the accused Ram Sewak was conducted and on the search eight currency note of Rs. 500 were recovered from the left pocket of his shirt and on checking the currency notes same were found on the same numbers which were handed over to Ct. Jafar Khan by ASI Charan Singh in morning vide handing over memo Ex.PW3/B which bears his signatures to deliver the same to accused Ram Sewak. Aforesaid currency notes were seized vide seizure memo Ex. PW3/C bearing his signature at point A from the possession of accused Ram Sewak. Thereafter MHCM of PS Dwarka Sector -23 produced eight currency notes, same were found as per description of the handing over memo and seizure memo and same was shown to the witness and after seeing witness states these were the same currency notes which were handed over to accused Ram Sewak for preparing aforesaid certificate and same were recovered from his possession at the time delivery of forged certificate by the raiding team. The aforesaid eight currency were collectively Ex.P1. Thereafter, ASI Charan Singh prepared tehrir and present case was got registered through Ct. Raja Ram. Investigation of the case was assigned to SI Ravinder Kumar who visited at the spot to whom ASI Charan Singh handed over forged certificates, State v/s Ram Sewak and Ors. Page 9 of 79 FIR No. 320/2003 PS Dwarka Sector-23 currency notes and seizure memos and accused also. IO Ravinder Singh prepared site plan on the instance of ASI Charan Singh and recorded the statement of witnesses and arrested the accused Ram Sewak vide arrest memo Ex.PW3/D which bears his signature at point A and his personal search memo was carried vide memo Ex.PW3/E which bears his signature at point A. After the arrest, accused Ram Sewak made a disclosure statement, same was recorded by the IO vide memo Ex.PW3/F which bears his signatures at point A. In his disclosure statement, accused Ram Sewak revealed that he could get effected the recovery of three seals/stamps and which were used by him in forging the certificate given to decoy customer Jaffar Khan. Accordingly, accused Ram Sewak got effected the recovery of aforesaid three seals/stamps which were used in the certificates given to Ct. Jaffar Khan. Impressions of aforesaid three seals/stamps were taken on a paper same were Ex. PW3/G which bears his signatures at point A. Thereafter, all the aforesaid three seals/stamps were seized vide memo Ex.PW3/H which bears his signatures at point A. At that time, accused also got affected the recovery of other 26 seals/stamps in the name of different authorities and in reference of aforesaid 26 seals/stamps accused Ram Sewak disclosed that he had used the same in preparation of forged documents relating to different offices.
State v/s Ram Sewak and Ors. Page 10 of 79 FIR No. 320/2003PS Dwarka Sector-23 Impressions of all the 26 recovered seals/stamps were taken on plain paper same were collectively Ex.PW3/I in four pages and all the page bear his signature at point A and thereafter, all the seals/stamps were seized vide memo Ex.PW3/J which bears his signatures at point A. Thereafter, MHC(M) of P.S. Dwarka produced three seals/stamps sealed with the seal of RKT. Seal was broken and three seals/stamps were taken out and found one seal in the name of Panna Lal Nigam Parshad, Babar Pur Shetra, Delhi Nagar Nigam, second seal of Sub Magistrate, Seelam Pur Court Shahdara Delhi and third seal pertaining to Sub Divisional Magistrate, Seelam Pur, Delhi. Same were shown to the witness. After seeing the same, witness stated these were the same seals/stamps which were seized at the instance of accused Ram Sewak and had been used in preparation of forged documents given to decoy customer Ct. Jaffar Khan, three seals/stamps were collectively Ex.P1. Thereafter, MHC(M) P.S. Dwarka produced 26 seals/stamps sealed with the seal of RKT. Seal was broken and 26 seals/stamps were taken out (two stamps affixed on both sides of wooden pad) and found as per description of seizure memo Ex.PW3/I, same were shown to the witness and after seeing the same, witness states that aforesaid 26 seals/ stamps were the same seals/stamps which were seized at the State v/s Ram Sewak and Ors. Page 11 of 79 FIR No. 320/2003 PS Dwarka Sector-23 instance of accused Ram Sewak and had been used in preparation of forged documents and same were sized during the course of investigation, 26 seals/stamps were collectively Ex.P2. Thereafter, accused Ram Sewak also got affected the recovery of one computer alongwith printer and in reference of computer and printer accused Ram Sewak disclosed that these articles were used in the preparation of forged documents. On the instance of accused Ram Sewak one monitor, one CPU, one printer, one Key board, two speakers and connected wires were recovered and seized by the IO vide memo Ex.PW3/K which bears his signatures at point A and prior to seizure of aforesaid articles print-outs were taken from four files saved in the aforesaid computer. File no. 1 was related to proforma of caste certificate. File no. 2 was related to affidavit shown by one Ashwini Kumar. File no. 3 contains format of affidavit. File no. 4 contains blank format of character certificate. All the files were seized by taking print-out vide memo Ex.PW3/L which bears his signatures at point A and print out of all the four files were Ex.PW3/M collectively in four pages. Identity of the remaining case property was not disputed by the Ld. Defence counsel for all the accused persons. During the course of the investigation, on 30/08/2003, IO had also seized the Alto white colour car bearing No. DL 4CQ 0428 State v/s Ram Sewak and Ors. Page 12 of 79 FIR No. 320/2003 PS Dwarka Sector-23 wherein accused Ram Sewak had arrived at Dada Dev Mandir to deliver the forged certificate to decoy customer Ct. Jafar Khan vide seizure memo Ex. PW-3/N bearing his signature at point A. Identity of the car was not disputed by Ld. Defence Counsel for all accused. On 31/08/2003, he was also assisted the IO in the investigation during the course of investigation. On that day, accused Ram Sewak was led to the police party at the office of Jitender located at Amar Shokeen Complex, Plot No.4, Bhagwati Garden, Najafgarh Road, Uttam Nagar, New Delhi where landlord of Jitender's office Rajeshwar Nath Arora met them and in the presence of Rajeshwar Nath Arora office of the Jitender was searched and on search 55 rubber instance belongs to different offices and officers were recovered, 5 provisional verification forms for recruitment in Indian Army and 89 Rasion Cards, Domicile Certificates, Caste Certificates, Character Certificates and other documents were also recovered. Typewriter make Ramington, computer were also recovered from the aforesaid office, printouts were taken from the computer and aforesaid case property recovered from the office were seized vide memo Ex. PW-3/O which bears his signature at point A. Impression of the aforesaid forged seals were taken on blank paper, same were collectively Ex. PW-3/P in six pages bearing his State v/s Ram Sewak and Ors. Page 13 of 79 FIR No. 320/2003 PS Dwarka Sector-23 signature at point A on all the aforesaid pages. Identity of the aforesaid seals were not disputed by the Ld. Defence Counsel for the all accused person. Aforesaid five verification forms were seized vide memo Ex. PW-3/Q which bears his signature at point A. Aforesaid five forms were collectively Ex. P3 in original in 28 pages. lO also seized the certificates of CBSE Board, Enquiry Report of Delhi Police Tenants Information Forms, Domicile Applications Forms, Caste Certificate and Caste Certificates Forms were seized on the instance of accused Ram Sewak from the office of Jitender vide memo Ex. PW-3/R bearing his signature at point A. Documents mentioned in Ex. PW-3/R were collectively Ex. P4 containing in 215 pages. Accused Ram Sewak also got effected recovery of 29 certificates and marksheets of different education boards i.e., Haryana Education Board, UP Board, Himachal Pradesh Board, Rajasthan Board, Bihar Board and same were seized by the 10 vide seizure memo Ex. PW-3/S bearing his signature at point A. All the aforesaid 29 certificates were collectively Ex. P5. In the course of investigation, on 31/08/2003, the certificates 54 forms i.e. CBSE Board blank certificate and domicile certificate, enquiry report, Secret Forms DCP Special Branch, Delhi Police, Tenant Information Form, SC certificates, OBC Certificates Forms and cast State v/s Ram Sewak and Ors. Page 14 of 79 FIR No. 320/2003 PS Dwarka Sector-23 certificates were recovered from the office of accused Jitender at the instance of Ram Sewak in the presence of landlords Arora. IO prepared the seizure memo vide Ex. PW-3/T bears his signatures at point A and all the aforesaid 54 certificates were collectively Ex. P 6. The 89 filed Ration cards which were recovered from the office Jitender Kumar at the instance of Ram Sewak were seized. IO prepared the seizure memo vide Ex. PW-3/U bears his signatures at point A and all the ration cards were collectively Ex. P7. In the course of investigation, the accused Ram Sewak made the further disclosure statement. IO recorded the disclosure statement vide Ex. PW-3/V bears his signatures at point A. Again on 03/09/2003, the accused Ram Sewak further admitted his guilt and IO recorded his further disclosure statement vide Ex. PW-3/W bears his signature at point A. On the basis of further disclosure of Ram Sewak, the accused Ram Sewak took them to Bajaj Physical Institute RZG-398, DDA Park Road from where the 4 provisional verification form of selected candidates in the army were recovered. IO seized these verification combat recruitment form and prepared seizure memo vide Ex. PW-3/X bears his signatures at point A and domicile certificates, cast certificates, 95 documents i.e cast certificates, domicile certificates and character certificates etc. IO State v/s Ram Sewak and Ors. Page 15 of 79 FIR No. 320/2003 PS Dwarka Sector-23 prepared seizure memo vide Ex. PW-3/Y from S. No. 1 to 95 bear signatures at point A and all the documents were collectively Ex. 18. 61 ration cards which were unfilled and out of them one ration card was unserial and 40 Ration cards were filled were also recovered at the instance of accused Ram Sewak. IO prepared the seizure memo of these ration cards and prepared the memo vide Ex. PW- 3/Z bears his signatures at point A and the documents were collectively EX. P 9. On 1/10/2003, he alongwith IO, other police official staff and the secret informer reached at 785, Pocket-II, Sector 2 Dwarka where they met accused Jitender Kumar after formal interrogation he was arrested. He led them at plot no. 4, Amar Shopping Complex, Bhagwati Garden, Uttam Nagar where he pointed out his office and also introduced the owner of the land namely Rajeshwar Nath Arora. Rajeshwar Nath Arora also identified that Jitender Kumar) was tenant of the first floor. IO prepared the pointed out memo vide Ex. PW-3/Z-1 bears at point A. During the course of investigation, IO prepared the arrest memo and the personal search of the accused Jitender vide Ex.PW-3/Z-2 & Ex.PW-3/Z-3 respectively. The accused also admitted his guilt. IO prepared the disclosure memo vide Ex. PW-3/7-4 bears his signature at point A. The accused was produced in the court and IO took two days PC State v/s Ram Sewak and Ors. Page 16 of 79 FIR No. 320/2003 PS Dwarka Sector-23 remand. On 2.10.2003, the accused Suresh Chandra was arrested from his house no. Flat no. 261, Pocket
- 11, Sector-14, Dwarka. He was formally arrested and the IO prepared the arrest memo vide Ex.PW- 3/7-5 and personal search memo vide Ex.PW-3/Z-6 bears his signature at point A. The accused also made the disclosure statement. IO recorded the disclosure memo vide Ex.PW-3/Z-7 bears his signature at point A. The accused was brought at the special staff office, Dhaula Kuan and he was formally interrogated. The accused also disclosed some incriminating fact. IO recorded the further disclosure memo of the accused vide Ex. PW-3/Z-8 bears his signature at point A. Thereafter, the accused led as to his house bearing no. 261, Pocket- II, Sector-14, Dwarka, Delhi. The accused took out the four seals / stamp in his name and produced to the IO. IO took the specimen of the stamp and prepared the memo vide Ex.PW-3/Z-9 bears his signature at point A. IO prepared the seizure memo of four stamps and sealed it in a white pulanda and sealed with the seal of RKT. IO prepared the seizure memo of the four stamps vide Ex.PW-3/Z-10 bears his signature at point A. During the course of investigation, IO took the specimen signatures (in two pages) and handwriting of accused Suresh vide Ex.PW-3/Z-11 & Ex.PW-3/Z-12 bears his signature at point A and the specimen handwriting vide State v/s Ram Sewak and Ors. Page 17 of 79 FIR No. 320/2003 PS Dwarka Sector-23 Ex.PW-3/Z-13 & Ex.PW-3/Z-13-A bears his signature at point A. In the course of investigation the specimen signature and handwriting were obtained by the IO. The specimen signatures (in two pages) vide Ex.PW-3/Z-14 bears his signatures at point A on both the pages and the specimen handwriting of Jitender Kumar (in two pages) vide Ex.PW-3/Z-15 bears his signatures at point A. The accused Suresh Chandra was produced before the court and sent in JC. In the course of investigation, at the instance of accused Jitender Kumar, the accused Sant Singh who used to prepare the rubber stamp was arrested from his house at Tilak Nagar. Both the accused persons i.e. Suresh and Jitender were present in the court (correctly identified by the witness). IO prepared the arrest memo and personal search memo vide Ex. PW-13/Z-16 & Ex.PW-3/Z-
17. The five official stamps and one instrument / materials which was used to prepare the stamps were also recovered from the instance of accused Sant Singh. (In the course of investigation, IO also took the specimen handwriting of accused Ram Sewak in his presence S-1 to S-7 (seven pages) vide Ex.PW-3/Z-18 (colly.) bears his signature at point A. IO also took the specimen signature of accused Ram Sewak in six pages from S-1 to S-13 Ex.PW- 3/7-19 (colly) bears his signature A and all the pages. In the course of investigation, IO recorded his State v/s Ram Sewak and Ors. Page 18 of 79 FIR No. 320/2003 PS Dwarka Sector-23 statements and supplementary statements. The seizure memo of caste certificate and character certificate purportedly issued in the name of Zaffar Khan was already exhibited as Ex.PW-3/A and the character certificate was exhibited as Ex.PW-3/A1. The caste certificate was exhibited as Ex.PW-3/A2. The specimen impression of seal pertaining to police stations were Ex.PW-3/A3, Ex.PW-3/A4, Ex.PW- 3/A5. The document seized vide memo already exhibited as Ex.PW-3/L were caste certificate was already exhibited as Ex.PW-3/M, affidavit was Ex.PW-3/A6, blank performa of affidavit was Ex.PW-3/A7, blank performa of character certificate was Ex.PW-3/A8. The documents i.e. verification forms etc. seized vide memo already exhibited as Ex.PW-3/X were exhibited as Ex.PW-3/A9 (colly.) (1 to 4), Ex.PW-3/A10 (colly.) (1-12), Ex.PW-3/A11 (colly.) (1-12). Ex.PW-3/A12 (colly.) (1-8). The documents i.e. community certificates, caste certificates etc. details of which were mentioned on seizure memo already exhibited as Ex.PW-3/Y were exhibited from Ex.PW-3/B1 to Ex. PW-3/B168. The specimen impressions of different seals were Ex.PW-3/C1 to Ex.PW-3/C5. The ration cards which were seized vide seizure memo Ex.PW-3/Z were Ex.PW-3/D1 to Ex.PW- 3/D101. The document which were seized vide memo Ex.PW-2/Q i.e. the verification forms in State v/s Ram Sewak and Ors. Page 19 of 79 FIR No. 320/2003 PS Dwarka Sector-23 respect of Sunil Kumar (are ex.PW-3/Q1 to Q3, running into 12 pages), Yogesh Jakhar (are ex.PW- 3/Q4 to Q6, running into 13 pages), Muraleedhar (are Ex.PW-3/Q7 to Q9, running into 13 pages), in respect of Akhilesh (are Ex.PW-3/Q10 to Q11, running into 5 pages) and Dharmender (are Ex.PW- 3/Q12 to Q13, running into 13 pages). The documents which were seized vide memo already Ex.PW-3/R were Ex.PW-3/R1 to R216. The documents i.e. Marksheets which were seized vide memo already Ex.PW-3/S were Ex.PW-3/S1 to S29. All accused persons were present in the court. The documents seized in the present case have already been exhibited during his earlier testimony. The said witness was cross examined by Ld. Counsel for accused persons.
(iv) PW-4 HC Zafar Khan, No. 3331, Security, Vinay Marg has deposed that on 30.08.2003, he was posted as constable at Special Staff, SW, New Delhi. He was present at his office and ASI Charan Singh was informed in the office by a secret informant that one person namely Ram Sewak used to forge fake caste certificates, domicile certificate, characte certificate for the purpose of recruitment in Army and in lieu takes money for preparing such forged certificates. Accused Ram Sewak was correctly identified by the witness. Accused Ram Sewak used to take Rs. 35,000 40,000/- from candidates for recruitment in State v/s Ram Sewak and Ors. Page 20 of 79 FIR No. 320/2003 PS Dwarka Sector-23 the Army. It was also informed that Ram Sewak had an Office in the name of Bajaj Physical institute at Raj Nagar Part II, Palam Colony, New Delhi. ASI Charan Singh made a plan and directed him to arrange a meeting with accused Ram Sewak in disguise of another name by becoming a decoy customer and secure forged caste certificate and character certificate by paying advance Rs. 4000/-. Again said to secure caste certificate and character certificate by paying Rs.4000/-, ASI Charan Singh gave him 8 notes each of denomination Rs. 500/- i.e. total Rs. 4000/- vide already Ex.PW-3/C bearing his signature at point B. Though, he did not remember the exact number of the notes handed over to him by ASI Charan Singh for the purpose but he remember first three characters ie. One numeral arıd two alphabets. 1) 0CC 2) 0DB 3) 3AH 4) 6BF 5) 6DG 6) 7GK 7) 8AQ 8) 8AM. He also assigned HC Jagpal as a shadow witness with him accompany him when he visit Ram Sewak. Thereafter, the shadow witness Ct. Jagpal and the secret informer went to Bajaj Physical Institute RZ 398, Raj Nagar Part II, Palam Colony, New Delhi. They reached at the spot at 9.00 AM. Thereafter, the secret informant left them after explaining the situation. They and Jagpal went inside the aforesaid office (Bajaj Physical Institute) where at the first counter it came to their knowledge from talking that he was the accused Ram Sewak.
State v/s Ram Sewak and Ors. Page 21 of 79 FIR No. 320/2003PS Dwarka Sector-23 He asked him requirement of a caste certificate and a character certificate. He asked Ram Sewak to prepare a caste certificate of OBC and character certificate in the name of Zaffer Khan s/o Sh. Shaukat Ali r/o J-78, new Seelam Pur, Delhi. He demanded Rs. 10,000/- as a consideration for preparing the same and demanded his passport size photograph from him. Thereafter, he handed over him (Ram Sewak) Rs. 4000/- which were handed over to him by ASI Charan Singh vide seizure memo already Ex.PW-3/C as advance to him. Accused Ram Sewak promised him that on the same day at about 12.00 noon he will hand over him the OBC Certificate and character certificate at Dada Dev Mandir, Palam Village and in return will take remaining Rs. 6000/-. On 30.08.2003 in the afternoon he along with HC Jagpal and secret informer went back to special staff office, Dhaula Kuan and told the entire story to ASI Charan Singh. ASI Charan Singh formed a raiding party and briefed it. At around 11.40 am, they reached Dada Dev Mandir. ASI Charan Singh asked the passerby to join the investigation but none agreed and left the spot. The raiding party was allotted its position. At about 12.05 pm an Alto car bearing no. DL-4CQ- 0428 came from the side of Palam Village and stopped there. Accused Ram Sewak was driving the car. He handed over the character certificate and State v/s Ram Sewak and Ors. Page 22 of 79 FIR No. 320/2003 PS Dwarka Sector-23 OBC certificate to him and meanwhile raiding party apprehended him. The certificate which was given to him by Ram Sewak was handed over to ASI Charan Singh by him. ASI Charan Singh conducted cursory search of Ram Sewak in his presence. The same currency notes that he had handed over to Ram Sewak in the morning, were recovered from his upper right pocket of his shirt. Same were seized by ASI Charan Singh vide seizure memo already Ex.PW3/C bearing his signature at point B. The character certificate and OBC certificate were seized vide seizure memo already Ex.PW3/A bearing his signature at point B. Thereafter, ASI Charan Singh prepared the rukka and handed over the same to Ct. Raja Ram for registration of FIR. Thereafter, Sub Inspector Ravinder Kumar came to the spot and further investigation was conducted by him. ASI Charan Singh handed over the case property and accused to SI Ravinder Kumar. Thereafter, SI Ravinder Kumar prepared the site plan on pointing out of ASI Charan Singh and recorded his statement. Meanwhile, Ct. Raja Ram returned back after getting the FIR registered along with copy of FIR and original rukka and handed over the same to SI Ravinder Kumar. SI Ravinder Kumar also recorded the statement of Ct. Raja Ram. SI Ravinder Kumar interrogated Ram Sewak and arrested him vide arrest memo already Ex.PW3/D in his presence, State v/s Ram Sewak and Ors. Page 23 of 79 FIR No. 320/2003 PS Dwarka Sector-23 bearing his signature at point A. Personal search of accused was conducted in his presence vide memo already Ex.PW3/E bearing his signature at point B. The car on which the accused had arrived was also seized in his presence vide seizure memo already Ex.PW3/N bearing his signature at point B. The disclosure statement was also recorded in his presence vide memo already Ex.PW3/F bearing his signature at point B. Thereafter, he along with SI Ravinder Kumar, SI Raj Kumar, SI Rajender Kumar and HC Jagpal went to the office of the accused. Three stamps (one round shape and two rectangular) were pointed out by the accused and were seized from the drawer of the table of the accused vide memo already Ex.PW3/H in his presence, bearing his signature at point B. Accused Ram Sewak disclosed that he had used these three stamps in preparing the such forged certificates. The specimen seals were checked for their impressions vide memo already Ex.PW3/G by HC Jagpal in his presence and memo bearing his signature at point B. From the Almirah another polythene bag was taken out by accused Ram Sewak which containing 26 stamps. They were also seized vide memo already Ex.PW3/J bearing his signature at point B. Accused also had another office in the same place and IO along with HC Jagpal sealed some computer from that office. Thereafter, they took the case property along with State v/s Ram Sewak and Ors. Page 24 of 79 FIR No. 320/2003 PS Dwarka Sector-23 IO and deposited the case property in Malkhana. On 31.08.2003, again he accompanied the IO SI Ravinder Kumar for further investigation. Accused Ram Sewak took them to Bhagwati Garden, Amar Shopping Complex where there was the office of one kender and Rajesh at first floor who was preparing documents for him. On interrogation, it was revealed that the owner of the office was one Rajeshwar Nath Arora. The office was got opened and searched in his presence, 55 stamps were recovered which were seized vide memo already Ex.PW3/O bearing his signature at point B. The impressions of the seals were taken in his presence vide memo already Ex.PW3/C1, C2, C3, C4 and C5. In the computer table drawer, five filled up recruitment form were also recovered vide seizure memo already Ex.PW3/Q. All the computer and its accessories i.e. computer, CPU, printer, speakers, key board etc were seized. There were several documents which were seized from a wooden rack including several ration cards. He did not remember whether ration cards were filled up or blank. On 01.09.2003, he alongwith SI Ravinder Kumar Tyagi alongwith other staff members joined the investigation and accused Ram Sewak took them to his residence where on the first floor where there was a room where inside there was a tin box from which he took out blank applications for caste State v/s Ram Sewak and Ors. Page 25 of 79 FIR No. 320/2003 PS Dwarka Sector-23 certificates, OBC, Character certificate and stamp paper and handed over the same to the IO. IO prepared the seizure memo and seized the same. He had signed on seizure memo. The said seizure memo was Ex. PW4/X bearing his signature at Point A. On 03.09.03, he alongwith IO Ravinder and with other staff took accused Ram Sewak to the office at RZG 398 Raj Nagar-II, New Delhi. There from the middle portion of the office from one table rack, the accused Ram Sewak took out four original recruitment verification form and passport and documents. Again said it was ration card and presented it to IO. The same was seized vide seizure memo by the IO to which he was a witness. The said seizure memo was already Ex. PW3/X bearing his signature at Point B. The said witness was cross examined by Ld. Counsel for accused persons.
(v) PW-5 Sh. V.K.Jain, Deputy Director, Delhi Urban Shelter Improvement Board, Punarvas Bhawan, ITO, Delhi deposed that he has been posted as above and till 2002-03 he was posted as the Food and Supply Officer, Circle No. 39, Department of Food & supplies, K Block, Vikas Bhawan, ITO. He had received letter from the Inspector H.S.Gill which was Mark X1 and he was asked to verify consumer card no. 493760 as per the details mentioned in Mark X2 and in pursuance on the same he had issued letter dated 15.12.2003 which was Ex. PW-
State v/s Ram Sewak and Ors. Page 26 of 79 FIR No. 320/2003PS Dwarka Sector-23 5/A bearing his signature at point A. As per his report, the above mentioned consumer card no. did not pertain to circle no. 39. He never posted in circle no. 38. In the year 2002-2003, he was working as FSO Circle 39 Kalyanvas. Upon receiving one request letter from the IO which was Mark X-3 on which he had provided his report regarding the verification of consumer card which was ExPW5/B bearing his signature at point A and as per his report, no consumer cards were found in their office record. The said witness was cross examined by Ld. Counsel for accused persons.
(vi) PW6: Sh. B. R. Guliyani, Retd Value Added Tax Officer R/o B-86, Prashant Vihar, New Delhi deposed that he is a retired officer and during his service as FSO from 2001 to 2004, he was posted as the Food and Supply Officer. During his tenure as FSO, he was posted for approximately 10 months in Circle No.30, Palam. He had issued the letter which was Ex.PW6/A bearing his signature at point A. The said witness was cross examined by Ld. Counsel for accused persons.
(vii) PW7: Sh. Anil Kumar, Deputy Director, Janakpuri Super Specialty Hospital Society, C2B, Janakpuri, New Delhi deposed that he has been posted as above and from 2003 to 2007, he was posted as the Food and Supply Officer. During his tenure as FSO, he State v/s Ram Sewak and Ors. Page 27 of 79 FIR No. 320/2003 PS Dwarka Sector-23 was posted in Circle No.38, Kalyan Vas. He have issued the letter which was Ex.PW7/A bearing his signature at point A. In the year 2002-2003, he was working as FSO Circle 38 Kalyanvas. Upon receiving one request letter from the IO already Mark X-1 on which he had provided his report regarding the verification of consumer card which was ExPW7/B bearing his signature at point A and as per his report, no consumer cards were found in their office record. The said witness was cross examined by Ld. Counsel for accused persons.
(viii) PW-8: B.B.L. Nigam, Retd FSO, R/o F-10/16, Krishna Nagar, New Delhi deposed that he was posted as above. From 2002 to 2005, he was posted as the Food and Supply Officer. During his tenure as FSO, he was posted in Circle No.41, Gandhi Nagar. He have issued the letter which was Ex. PW8/A bearing his signature at point A. The said witness was cross examined by Ld. Counsel for accused persons.
(ix) PW-9 Sh. Sunil Kumar Sachan, posted as Admin Officer, DHS, Karkardooma, Delhi had deposed that he was posted as above and from March 2003 to August 2004, he was posted as the Food and Supply Officer. During his tenure as FSO, he was posted in Circle No.40, Laxmi Nagar. He had issued the letter which was Ex.PW9/A bearing his signature at point State v/s Ram Sewak and Ors. Page 28 of 79 FIR No. 320/2003 PS Dwarka Sector-23 A. The said witness was cross examined by Ld. Counsel for accused persons.
(x) PW10: Sh. Harish Tyagi, Superintendent of Jail, Central Jail No.3, Tihar, Delhi deposed that he has been posted as above and from September 2003 to January 2004, he was posted as the Food and Supply Officer. During his above said tenure, he was posted in Circle No.27, Vikaspuri. The report which was Mark10A bears his stamp but the report was prepared by Area Inspector and might bear his signatures but he could not identify the same. He had knowledge of the report. However, he never signed the same. It was common practice that Area Inspector was preparing the report in his absence and using his stamp. The said witness was cross examined by Ld. Counsel for accused persons.
(xi) PW-11: Rajiv Sinha, Assistant Commissioner, GST, Department of Trade & Taxes, IP State, New Delhi had deposed that he has been posted as above and from July 2003 to November 2005, he was posted as the Food and Supply Officer. During his above said tenure, he was posted in Circle No.24, Mangolpuri. The report which was Ex.PW11/A bears his stamp but the report was prepared by Record Keeper Mrs. Rajni Mohla and bears her signatures at point A. He could identify her signature as she was his subordinate being the record keeper (UDC). It is not State v/s Ram Sewak and Ors. Page 29 of 79 FIR No. 320/2003 PS Dwarka Sector-23 a common practice for preparing report under sign of a UDC level employee but at that time Election of Delhi Legislative Assembly were going on and that was why report was signed by record keeper using his stamp. The said witness was cross examined by Ld. Counsel for accused persons.
(xii) PW-12: ASI Vinay Kumar no. 822/ Crime. ER-1 Crime Branch, Old Kundli, Delhi had deposed that he was posted at Special Staff (SW district), Dwarka, New Delhi and joined the investigation in the present case. On 01.09.2003, IO SI Ravinder Kumar Tyagi interrogated the accused Ram Sewak (who was already on PC) and accused had disclosed that some filled and unfilled stamp paper, character certificate, caste certificate and affidavits etc., were put box of tin at first floor of his residence. IO recorded disclosure statement of accused Ram Sewak vide ExPW12/A and bearing his signature at point A. Thereafter, he alongwith SI Ravinder Kumar Tyagi took the accused at his residence i.e. house no. RZ-H/A/934 Raj Nagar, Part-II, Palam Colony, to verify the aforementioned fact. Thereafter, accused produced the aforementioned document from a box of tin from first floor of his residence. SI Ravinder Kumar Tyagi /IO seized the aforementioned documents recovered from the possession of accused Ram Sewak vide seizure memo already Ex. PW4/X and bearing his signature State v/s Ram Sewak and Ors. Page 30 of 79 FIR No. 320/2003 PS Dwarka Sector-23 at point B. On 03.09.2003, he alongwith IO took the accused to his office ie Bajaj Physical Institute, first floor RZ-G-398, DDA Park Road, Raj Nagar-II, Palam Colony, New Delhi while on PC remand, where accused had produced 95 domicile certificates (Mark SL-1 to 95), 61 blank ration cards and 40 filled ration cards from the drawer of the table lying at office. IO seized 95 domicile & caste certificates vide memo already ExPW3/Y and bearing his signature at point B. IO also seized the filled and unfilled aforementioned ration cards vide memo already ExPW3/Z and bearing his signature at point B. Accused Ram Sewak was correctly identified by the witness. Thereafter, MHCM produced 95 domicile certificates SL no.1 to 95 already ExPW3/B/68, 61 blank ration card and 40 filled ration card already ExPW3/D1 and same were shown to the witness and witness correctly identified the case property and submitted that same were recovered from the office of accused Ram Sewak. MHC(M) further produced bundle of certificates including (23 blank caste certificate, 28 blank character certificate and 14 unfilled domicile certificate, 55 printed affidavits, 15 blank stamp paper of Rs 10/-, 05 printed unfilled school leaving certificate, one filled character certificate) ExP-1 (colly) were shown to the witness who correctly identified the case property and submitted that same State v/s Ram Sewak and Ors. Page 31 of 79 FIR No. 320/2003 PS Dwarka Sector-23 were recovered from the residence of accused Ram Sewak. (The same was objected to by Id. Defence counsels of accused persons by stating that witness had not deposed the name of persons or other particulars of aforementioned documents in his examination in chief). The said witness was cross examined by Ld. Counsel for accused persons.
(xiii) PW-13 Retired SI Charan Singh s/o late Sh.
Chetram r/o B-133, Mohan Garden, New Delhi had deposed that on 30.08.2003, he was posted at Special Staff (SW district) Dhaula Kaun as ASI. On that day, at about 7:30 AM, one secret informer had come at their office and met him and informed him that one person namely Ram Sewak r/o G-98 Raj Nagar Part-II, Palam and running a office in the style of Bajaj Physical Institute & used to provide job in Army and preparing and issued domicile, caste certificate to candidates and he used to charge amount of Rs 5,000/- to 10,000/- for each document. He shared the said information to the senior officer of the department and made DD entry 3 dated 30.08.2003 in the roznamcha and ExPW13/A and made a decoy to Ct. Zaffar Khan. He handed over Rs 4,000/- with denomination of (500 X3) to Ct. Zaffar Khan vide handing over memo already Ex.PW3/B and bearing his signature at point A and gave him direction to prepare OBC caste certificate and character certificate on his name from State v/s Ram Sewak and Ors. Page 32 of 79 FIR No. 320/2003 PS Dwarka Sector-23 aforementioned office. He also made shadow witness to HC Jagpal Singh and gave him direction to listen their conversation. He departured them (Ct. Zaffar Khan as decoy customer and HC Jagpal as shadow witness) at about 8:10 AM on 30.08.2003 alongwith secret informer. On the same day, they returned to the office at about 10:30 AM and informed him that they had gone at G-398, Raj Nagar-Il at the instances of informer and handed over Rs 4,000/- (which were given by him) to the person namely Ram Sewak to preparing the OBC certificate and caste certificate of Ct. Zaffar Khan. They further stated that accused Ram Sewak had told them to come at DADA Dev Mandir, Palam at about 12 noon alongwith remaining amount of Rs 6,000/-. He composited raiding party at the office of Special staff member including SI Raj Si Rajender Kumar, ASI Nirakar, HC Bacchu Singh, Ct. Rajaram, Ct. Dinesh Kumar, Ct. Vinay Kumar, Ct. Zaffar Khan (decoy customer) and HC Jagpal (Shadow witness) under the supervision of Insp. Harpal Singh Gill. On 30.08.2003, they departed from office of Special staff in two private hired car and at about 11:40 AM reached at the spot i.e. DADA Dev Mandir, Palam. He deployed the Ct. Zaffar Khan near the gate of DADA Dev Mandir and gave direction to HC Jagpal to listen their conversation and he also deployed the other State v/s Ram Sewak and Ors. Page 33 of 79 FIR No. 320/2003 PS Dwarka Sector-23 members of the party nearby the spot. He also directed to HC Jagpal to give hint after completion of their deal. At about 12:05 PM, one Maruti Alto car bearing registration no. DL4CQ0428 came from the side of Palam Village and stopped near the Ct. Zaffar Khan. The driver of the aforementioned car handed over two certificates to Ct. Zaffar Khan after took off the side window glass. In meanwhile, HC Jagpal gave hint to them. He with the help of Ct. Zaffar Khan and HC Jagpal apprehended the driver of the said car namely Ram Sewak (accused was correctly identified by the witness). Ct. Zaffar Khan handed over him two certificates which were handed over by HC Jagpal. One was OBC certificate which was duly stamped and signed by SDM Silampur and another was character certificate which was duly stamped, signed and issued by Nigam Parshad namely Panna Lal of Babarpur area. He seized both certificates which were handed over by accused Ramsewak vide memo already ExPW3/A & bearing his signature at point C. The certificates ie OBC certificate and character certificate (handed over by the accused Ram Sewak were already ExPW3/A-1 and ExPW3/A-2 in the testimony PW3 ASI Jagpal Singh dt. 08.09.2015). He took cursory search of accused Ramsewak and found Rs 4,000/- in denomination of currency note( 500 X8) were recovered from left side upper pocket of shirt worn State v/s Ram Sewak and Ors. Page 34 of 79 FIR No. 320/2003 PS Dwarka Sector-23 by accused Ramsewak (which were handed over by him to decoy custom had also matched the serial no. of currency notes which were found correctly. He seized the currency notes vide seizure memo already ExPW3/C and bearing his signature at point C. He prepared tehrir ExPW13/B and bearing his signature at point A and handed over to Ct. Rajaram and sent him to PS Dwarka to register an FIR. He also made request to hand over further investigation of the present case to Sl Ravinder for further course of action on the direction of Insp. Special Staff Sh. Harpal Singh Gill in the tehrir. SI Ravinder Kumar Tyagi prepared site plan of place of incident at his instances ExPW13/C. On 02.10.2003 & 03.10.2003, SI Ravinder Tyagi recorded supplementary disclosure statement of accused Jitender Kumar in his presence ExPW13/D & ExPW13/E and bearing his signature at point A respectively. The eight currency notes in denomination of 500 X 8 were already identified and exhibited in the testimony of PW 3 SI Jagpal on dt. 16.03.2013 and ExP-1 (colly.). The said witness was cross examined by Ld. Counsel for accused persons.
(xiv) PW-14 Sh. Manjeet Kumar, Jr. Clerk Circle no. 4 Office of Food and Supply, Aadarsh Nagar, Delhi deposed that he has been posted at circle no. 4 (earlier known as circle no. 56) of Office of Food and Supply located at Aadarsh Nagar, Delhi as Jr. State v/s Ram Sewak and Ors. Page 35 of 79 FIR No. 320/2003 PS Dwarka Sector-23 Clerk. The record of N.f and S/C-56/2003/1312 dated 17.10.2003 of Consumer Cards could not be traced despite best efforts made through official concern of aforementioned circle/ office of food and supply department, Adarsh Nagar. It was also brought to the notice that the record prior to 29.11.2013 had been weeded out as per their department order [The copies of the same was taken on record and ExP-1 (colly)]. The said witness was cross examined by Ld. Counsel for accused persons.
(xv) PW-15 Sh. Parveen, Clerk, FSO Office, Circle no. 7, Plot no.4, Jullah Basti near Aditi College, Bawana had deposed that he has been posted at circle no. 7 (earlier known as circle no. 22) of Office of Food and Supply located at Bawana, Delhi as Jr. Clerk. The consumer cards pertains to the present case could not be traced despite best efforts made through official concern of aforementioned circle/ office of Food and Supply department, Bawana. It was also brought to the notice that the record prior to 29.11.2013 had been weeded out as per their department order [The copies of the same was taken on record and already ExP-1 (colly)]. The said witness was cross examined by Ld. Counsel for accused persons.
(xvi) PW-16 Sh. Robin Kumar, Jr. Clerk, FSO Office, Circle no. 55, Department of Food and Supply, State v/s Ram Sewak and Ors. Page 36 of 79 FIR No. 320/2003 PS Dwarka Sector-23 Govt. of NCT of Delhi Mayur Vihar, Ph-l, Delhi had deposed that he has been posted at circle no. 55 (earlier known as circle no. 37) of Office of Food and Supply located at Mayur Vihar, Delhi as Jr. Clerk. The consumer cards pertained to the present case could not be traced despite best efforts made through official concern of aforementioned circle/ office of Food and Supply department, Mayur Vihar. It was also brought to the notice that the record prior to 29.11.2013 had been weeded out as per their department order [The copies of the same was taken on record and already ExP-1 (colly). The said witness was cross examined by Ld. Counsel for accused persons.
(xvii) PW-17, Sh. Rajesh Bhardwaj, FSO, Circle no. 52, Department of Food and Supply, Govt. of NCT of Delhi, Okhla, Ph-l, New Delhi had deposed that he has been posted at circle no. 52 (earlier known as circle no. 35) of Office of Food and Supply located at Okhla, New Delhi as FSO. The consumer cards pertains to the present case could not be traced despite best efforts made through official concern of aforementioned circle/ office of Food and Supply department, Okhla, New Delhi. It was also brought to the notice that the record prior to 29.11.2013 had been weeded out as per their department order [The copies of the same was taken on record and already State v/s Ram Sewak and Ors. Page 37 of 79 FIR No. 320/2003 PS Dwarka Sector-23 ExP-1 (colly)]. The said witness was cross examined by Ld. Counsel for accused persons.
(xviii) PW-18 Sh. Jai Prakash Meena, Jr. Assistant Clerk, Circle no. 47, Department of Food and Supply, Govt. of NCT of Delhi, Asian Market, Sec-3, Pushp Vihar, M.B. Road, New Delhi deposed that he has been posted at circle no. 47 (earlier known as circle no. 33) of Office of Food and Supply located at Pushp Vihar, M.B. Road, New Delhi as Jr Assistant Clerk. The consumer cards pertains to the present case could not be traced despite best efforts made through official concern of aforementioned circle/ office of Food and Supply department, Pushp Vihar, M.B. Road, New Delhi. It was also brought to the notice that the record prior to 29.11.2013 had been weeded out as per their department order (The copies of the same was taken on record and already ExP-1 (colly). The said witness was cross examined by Ld. Counsel for accused persons.
(xix) PW-19 Sh. Deepak Kumar, FSI (Food and Supply Inspector), Circle no. 38, Department of Food and Supply, Govt. of NCT of Delhi, Employment Exchange Building, Kirbi Place, New Delhi deposed that he has been posted at circle no. 38 (earlier known as circle no. 11) of Office of Food and Supply located at Kirbi Place, New Delhi as FSI. The consumer cards pertains to the present case State v/s Ram Sewak and Ors. Page 38 of 79 FIR No. 320/2003 PS Dwarka Sector-23 could not be traced despite best efforts made through official concern of aforementioned circle/ office of Food and Supply department, Kirbi Place, New Delhi. It was also brought to the notice that the record prior to 29.11.2013 had been weeded out as per their department order [The copies of the same was taken on record and already ExP-1 (colly)]. The said witness was cross examined by Ld. Counsel for accused persons.
(xx) PW-20 Sh. Devender Kumar Arora, Food Supply Officer, Department of Food Supply and Consumer Affairs, Govt. of Delhi had deposed that he has been posted at circle no. 45 (earlier known as circle no.
32) of Office of Food and Supply located at Mehroli, Delhi as FSO. The verification report of FSO dated 17.10.2003 was not available at circle no. 45 Mehroli and the old record before implementation of NFS Act 2013 were not available at the circle office. It was also brought to the notice that the record prior to 29.11.2013 had been weeded out as per their department order [The copies of the same was already taken on record and already ExP-1 (colly)]. The said witness was cross examined by Ld. Counsel for accused persons.
(xxi) PW-21 Ms. Nikky Shokeen, ASO (Assistant Section Officer/ Naib Tehsildar). SDM Office, Rajouri Garden Delhi deposed that he has been posted at State v/s Ram Sewak and Ors. Page 39 of 79 FIR No. 320/2003 PS Dwarka Sector-23 SDM office, Rajouri Garden as Naib Tehsildar/ASO. The domicile certificate no. SDM/RG/DCW/2002/325 dated 26.06.2002 of candidate Sunil Kumar s/o Balbir Singh, letter no. 1692 dt. 18.10.2003 and the certified copies of ration card attached with the domicile of Satish Kumar and Harish Mander were lost and could not be traced due to shifting of records. The office of SDM was shifted in the year 2017 at Plot no.3, Shivaji Place Raja Garden and the domicile certificates were used to issue online since 2015 and before that only manual certificates were given to the candidates and records were also maintained manually. Tehsildar of SDM office, Rajouri Garden issued letter no. F.SDM/RG/2023/1013 and 1012, same were taken on record and Ex.A-1 & Ex.A-2. The said witness was not cross examined despite being given opportunity.
(xxii) PW-22 Sh. Sunil Kr. Yadav, Record clerk (dealing Assistant of Certificate Branch) SDM Office, Najafgarh deposed that he has been posted at SDM office, Najafgarh as Record clerk. He had brought the summoned record pertaining to letter No.549 & 550 dt. 03.09.2003 issued by Sh Madhup Vyas, SDM, Najafgarh vide letter no. 2003/ dom.eng/4190 issued from the office of SDM, Najafgarh (verification of domicile certificates) and in reference of letter no. 550/549/Reader ACP State v/s Ram Sewak and Ors. Page 40 of 79 FIR No. 320/2003 PS Dwarka Sector-23 Operation Cell dt. 03.09.2003 (name of candidates certificate number). The aforementioned certificates and the name of candidates were duly verified and found correct as per their record register of SDM office, Najafgarh. The relevant record was ExP-1 (colly) (OSR). The said witness was not cross examined despite being given opportunity.
(xxiii) PW-23 Sh. Prem Chand, Tehsildar, Saraswati Vihar, North West, Delhi deposed that he has been posted at SDM office, Saraswati Vihar as Tehsildar. He brought the record of Sh. Yogesh Jakhar s/o Sh Satyavir Singh of OBC certificate (certificate no. SDM/SB/OBC/VERI./2003/27 dated 05.01.2004 and upon verification, it was found that the aforementioned certificate was issued by SDM Saraswati Vihar, same was taken on record and Ex.PW23/A (colly) and the record of Sh. Murlidhar Kushwaha was neither traceable nor available in their office as per their record. The said witness was not cross examined despite being given opportunity.
(xxiv) PW-24 Insp. Ravinder Kumar Tyagi no. D-1/308, PIS no. 16970163, SHO PS R.K.Puram, New Delhi deposed that on 30.08.2003, he was posted at Special Staff of South West District, Dhaul Kaun. At about 2 PM, Sh. H.S.Gill (Incharge special staff) informed him that a team led by ASI Charan Singh had apprehended an accused Ram Sewak alongwith State v/s Ram Sewak and Ors. Page 41 of 79 FIR No. 320/2003 PS Dwarka Sector-23 forged domicile and caste certificate near DADA Dev Mandir, village Palam, and a case under relevant section of law would be registered. At about 3 PM, he reached at the spot where he met with ASI Charan Singh, who was available there alongwith police staff and accused Ram Sewak. ASI Charan Singh was preparing rukka at that time and at around 3:10 PM, he sent the rukka already ExPW13/B through Ct. Rajaram to PS Dwarka for registration of FIR. ASI Charan Singh handed over him carbon copy of rukka and seizure memo of handing over of currently notes, seizure memo of forged documents alongwith documents and seizure memo of currently notes, seized from the possession of accused Ram Sewak. He interrogated accused Ram Sewak in which he pleaded his guilt. He also formally examined the witnesses of the spot. He arrested accused Ram Sewak already ExPW3/D and bearing his signature at point C. He prepared personal search memo of accused Ram Sewak already ExPW3/E and bearing his signature at point C. He prepared site plan of the spot at the instances of ASI Charan Singh Ex. PW13/C and bearing his signature at point A. He seized the ALTO car of accused Ram Sewak vide memo already ExPW3/M and bearing his signature at point C. He again interrogated the accused Ram Sewak in detail and recorded his disclosure statement already ExPW3/F State v/s Ram Sewak and Ors. Page 42 of 79 FIR No. 320/2003 PS Dwarka Sector-23 bearing his signature at point C in which accused Ram Sewak disclosed that he alongwith his associate used to prepare forged documents for getting their job in respective fields and its stamps or other forged documents were lying his office and the same can be recovered from his office. He further disclosed that he could assist to arrest his associate Jitender. He took him alongwith police official to his office Bajaj Physical Institute situated at RZG-398, Raj Nagar, Part-II, Palam, Delhi where accused Ram Sewak produced three stamps from the drawer of table and told them that he forged the documents by helping those stamps. He took specimen impression of the said recovered seal on a paper already ExPW3/G and bearing his signature at point C. Thereafter, he seized the same vide memo already Ex. PW3/H and bearing his signature at point C. On the same day, accused Ram Sewak got recovered 26 stamps of different government offices from almirah lying in his room. He also took specimen impression of 26 stamps on white papers already Ex. PW3/I, ExPW3/A-3 to Ex. PW3/A-5 and bearing his signature at point B respectively. He also seized 26 stamps recovered at the instances of accused Ram Sewak vide seizure memo already ExPW3/J and bearing his signature at point C. Accused Ram Sewak further disclosed that he was running a computer institute situated at RZG 341, State v/s Ram Sewak and Ors. Page 43 of 79 FIR No. 320/2003 PS Dwarka Sector-23 Raj Nagar Part-II, Palam, Delhi. Thereafter, they reached at his computer institute of accused Ram Sewak and switch on the computer at the instance of accused Ram Sewak and found four file containing of caste certificate, character certificate etc. Thereafter, they took out the print out of those four file documents vide seizure memo already ExPW3/L and bearing his signature at point B. He also seized computer including moniter and devices and printer alongwith two speaker vide memo already ExPW3/K and bearing his signature at point B. On 31.08.2003, accused Ram Sewak took them to the office i.e. plot no.4 Amar Shopping Complex, Bhagwati Garden, Uttam Nagar, Delhi of his associates/co accused Jitender. However accused Jitender was not available there and they met with owner of the shop. His office was got opened and 55 rubber stamps of various government offices including DC, DCP, SDM etc were recovered. He took impression of the said stamps on white paper and all the seal were put in parcel. All the rubber stamps and specimen impression were seized vide seizure memo already ExPW3/O and bearing his signature at point C. The specimen impression of the said seals were already placed on record ExPW3/P to PW3/C5. He also recovered five original verification combatent recruits form of undergoing trainee/selected candidates in various training center State v/s Ram Sewak and Ors. Page 44 of 79 FIR No. 320/2003 PS Dwarka Sector-23 of Indian Army from the office of accused Jitender vide seizure memo Ex. PW3/Q and bearing his signature at point C. He also recovered CBSE Board certificate, Enquiry reports of Delhi Tenants Information Forms, Caste Certificate and Caste application form from the office of accused Jitender vide seizure memo already ExPW3/R bearing his signature at point C. He also recovered 29 certificate and marksheet of Haryana and other State boards from the office of accused Jitender vide seizure memo already Ex. PW3/S and bearing his signature at point C. He also seized CBSE Board blank certificate, democile certificates, investigation report, secret form of DCP office Special branch, Delhi, Delhi police tenant information forms, the eligibility form of democile certificate of Delhi, form certificate of backward caste and caste certificate from the office of accused Jitender vide memo already Ex. PW3/T and bearing his signature at point C. IO also recovered 89 filled ration cards of different persons from the office of ac Jitender vide memo already Ex. PW3/U and bearing his signature at point C. He also seized typewriter make REMINGTON from the office of accused Jitender at the instance of accused Ram Sewak vide seizure memo Ex. PW24/A and bearing his signature at point A. One computer including CPU, monitor and printer were laying inside the office of accused State v/s Ram Sewak and Ors. Page 45 of 79 FIR No. 320/2003 PS Dwarka Sector-23 Jitender. Upon checking, various documents including affidavits and report from SDM to Commanding Officers Indian Army regarding verification of already recruited Army Men were recovered. The printout of the same were taken and the printouts were seized through seizure memo Ex. PW24/B and bearing his signature at point A and the said documents were already placed on record ExP- 1 (colly). Thereafter printer, CPU, Monitor and other accessories were seized through separate seizure memo Ex. PW24/C and bearing his signature at point A. On 01.10.2003 accused Jitender was arrested in this case and his personal search was conducted vide memos already Ex. PW3/Z2 & PW3/Z3 and bearing his signature at point B respectively. He also prepared pointing out memo of office of accused Jitender already ExPW3/Z1 and bearing his signature at point C. He recorded disclosure statement of accused Jitender Ex. PW3/Z4 and bearing his signature at point B. He also interrogated the accused Jitender on 02.10.2003 & 03.10.2003 which were already ExPW13/D & 13/E and bearing his signature at point B respectively. During the interrogation, accused Jitender revealed that he used to take assistance of his associate Suresh Chandra, Dy. Director to attest the forged documents by paying him Rs.500/- to Rs 1,000/- per certificate and he was residing in same State v/s Ram Sewak and Ors. Page 46 of 79 FIR No. 320/2003 PS Dwarka Sector-23 complex ie Sec-14, Dwarka Delhi. At the instance of accused Jitender, accused Suresh Chandra was arrested and four rubber stamps were recovered from the house of accused Suresh Chandra vide seizure memo already Ex. PW3/Z10 and bearing his signature at point B. An impressions of those stamps were also taken on paper and same were already ExPW3/Z9 and bearing his signature at point B. He recorded disclosure statement of accused Suresh Chandra ExPW3/Z7, PW3/Z8 and bearing his signature at point B respectively. He arrested and conducted personal search of accused Suresh Chandra vide memo ExPW3/Z5 & PW3/Z6. During interrogation, accused Jitender also reveals that he used to prepare forged seals of various government officers/ officials from accused Sant Singh (since deceased) who was residing at Chowkandi, Tilak Nagar. Accused Jitender also disclosed that he had placed order of making 5 rubber stamps to Sant Singh prior to the arrest of Ram Sewak in this case. Accused Sant Singh was arrested at the instance of accused Jitender. 5 rubber stamps were recovered from accused Sant Singh vide seizure memo Ex. PW24/D and bearing his signature at point A. The specimen impression of the said rubber stamps were also placed on record Ex. PW24/E and bearing his signature at point A. He arrested and conducted personal search of accused Sh Sant Singh vide State v/s Ram Sewak and Ors. Page 47 of 79 FIR No. 320/2003 PS Dwarka Sector-23 memo already Ex. PW3/Z16 & PW3/Z17 and bearing his signature at point A respectively. He recorded disclosure statement of accused Sant Singh Ex. PW24/F and bearing his signature at point A. On 01.09.2003, accused Ram Sewak again interrogated in the present case and disclosed the name of his associates. He recorded further disclosure statement of accused Ram Sewak already ExPW3/V and bearing his signature at point B. On 01.09.2003, accused Ramsewak again further interrogated who revealed that he had kept filled/ blank caste certificate, character certificate, stamp papers etc in a tin box which were kept on first floor of his house. Accused Ramsewak took them to the first floor of his residence and the aforementioned documents were recovered vide seizure memo already Ex. PW4/X and bearing his signature at point C. He recorded further disclosure statement of accused Ramsewak already Ex. PW12/A and bearing his signature at point B. On 03.09.2003, he again interrogated accused Ramsewak who disclosed that he had kept the original verification forms of combatant recruit, who had already selected in Indian Army and ongoing trainee and filled/ blank ration card and other documents of other persons in his office situated at Palam, Delhi. Accused Ramsewak took them to his office and the aforementioned documents were recovered from his State v/s Ram Sewak and Ors. Page 48 of 79 FIR No. 320/2003 PS Dwarka Sector-23 office vide seizure memo already Ex. PW3/X, PW3/Y and PW3/Z and bearing his signature at point C respectively. He recorded further disclosure statement of accused Ramsewak already Ex. PW3/W and bearing his signature at point B. During the investigation, he collected the specimen handwriting/signature of accused Ramsewak and Suresh Chandra and sent the questioned documents to FSL for expert opinion. During investigation, the correspondence w.r.t seizure of documents were made to various government offices for verifications of the same. He prepared charge-sheet and filed before the court and the further investigation of the case was going on and during the further investigation, he collected reply of various offices and FSL report and same were placed on record through two different supplementary charge-sheet. The following documents were placed on record by him i.e. Copy of FSL form was already placed on record Mark A, information arrest report of accused Suresh Chandra to his office Ex.X-1, permission u/s 197 CrPC Ex.X-2, examination report of questioned documents already Ex. A-1 (colly), the specimen handwriting/signature of accused Ramsewak and Suresh Chandra already ExPW3/Z18, ExPW3/Z-19, ExPW3/Z-11, ExPW3/Z-12, ExPW3/Z-13, ExPW3/Z-14, ExPW3/Z-15. The copy of application of verification of consumer card from State v/s Ram Sewak and Ors. Page 49 of 79 FIR No. 320/2003 PS Dwarka Sector-23 the office of Food & Supply officer, Bawana (Mark B) and report of the same was already placed on record Ex. X-3. (objected to by ld. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of verification of consumer card from the office of Food & Supply officer, Najafgarh (Mark C) and report of the same was already placed on record Ex. X-4. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document) The copy of application of verification of consumer card from the office of Food & Supply officer, Nangloi Jat (Mark D) and report of the same was already placed on record Ex. X-5. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of verification of consumer card from the office of Food & Supply officer, Palam (Mark E) and report of the same was already placed on record Ex. X-6. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of verification of consumer card from the office & Supply officer, Gol Market (Ex. X-7) including reply. (objected to by ld. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of verification of consumer card from the office of Food & Supply officer, Hastal Uttam Nagar (Ex. X-
State v/s Ram Sewak and Ors. Page 50 of 79 FIR No. 320/2003PS Dwarka Sector-23
8) and its reply Ex. X-9. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of verification of consumer card from the office of Food & Supply officer, Sultanpuri (Mark F) and its reply Ex. X-10. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). Reply to the application for providing verification of caste and domicile certificate from office of SDM, Rajouri Garden, Rampura Ex. X-11. (objected to by ld. Defence counsel regarding the mode and manner of proof of the said document). Reply to the application for providing verification of domicile and caste certificate/ attested documents etc dt. 05.09.2003 from office of SDM, Model Town Ex. X-12 alongwith attested documents. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). Reply to the application for providing verification of caste and domicile/OBC/SC/ST certificates from office of SDM, Najafgarh Ex. X-13 alongwith attested documents. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of verification of consumer cards from the office of Food & Supply officer, Kalyanwas Delhi (circle 38) vide report Ex. X-14 alongwith documents. (objected to by Id. Defence counsel regarding the mode and manner of State v/s Ram Sewak and Ors. Page 51 of 79 FIR No. 320/2003 PS Dwarka Sector-23 proof of the said document). The copy of application of verification of consumer cards from the office of Food & Supply officer, Kalyanwas Delhi (circle 39) vide report already Ex. PW5/A alongwith documents. The copy of application of verification of consumer cards from the office of Food & Supply officer, Laxmi Nagar, Delhi (circle 40) vide report Ex alongwith documents. (objected to by ld. Defence counsel regarding the mode manner of proof of the said document). The copy of application of verification of consumer cards from the office of Food & Supply officer, Rampura Delhi (circle 17) vide report Ex. X-16 alongwith documents. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of verification of consumer cards from the office of Food & Supply officer, Kalyanwas Delhi (circle 38) vide report dt. 17.12.2003 Ex. X-17 alongwith documents. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of verification of consumer cards from the office of Food & Supply officer, Nand Nagri Delhi (circle 46) vide report Ex. X-18 alongwith documents. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). The reply from the office of SDM Preet Vihar w.r.t certified copy of domicile in State v/s Ram Sewak and Ors. Page 52 of 79 FIR No. 320/2003 PS Dwarka Sector-23 respect of Inderjeet, Sunil Kumar, Anup Singh and Mukesh Kumar dt 17.10.2003 (Ex. X-19)(objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of verification of consumer cards from the office of Food & Supply officer, Jahangir Puri Delhi (circle 56) vide report Ex. X-20 alongwith documents. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of verification of consumer cards from the office of Food & Supply officer, Ashok Vihar, Delhi (circle 53) vide report Ex. X-21 alongwith documents. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of verification of consumer cards from the office of Supply officer, Lok Vihar Delhi (circle 18) vide report Ex. X-22 alongwith documents. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of verification of consumer cards from the office of Food & Supply officer, Bhajan Puri Delhi (circle 52) vide report Ex. X-23 alongwith documents. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of verification of consumer cards from the office of Food & Supply officer, Uttam Nagar, Delhi (circle 27) vide report State v/s Ram Sewak and Ors. Page 53 of 79 FIR No. 320/2003 PS Dwarka Sector-23 Ex. X-24 alongwith its report already (Mark 10 A) alongwith documents. (objected to by ld. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of verification of consumer cards from the office of Food & Supply officer, Raj Nagar-II, Palam Colony, Delhi (circle 30) vide report already Mark 6A & Mark 6B (now Ex. X-25) alongwith documents and reports. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). Permission u/s 197 CrPC to prosecute Suresh Chandra from Ministry of Consumer Affair, Food & Public distribution, Government of India (Mark B-1). Letter to SDM Preet Vihar, regarding verification of domicile and caste certificate and its supporting documents and its reply Ex. X-26. (objected to by ld. Defence counsel regarding the mode and manner of proof of the said document). Letter to SDM, Vivek Vihar, regarding verification of domicile and caste certificate and its supporting documents and its reply Ex. X-27. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). Letter dt. 04.12.2003 to SDM Preet Vihar, New Delhi regarding request to provide certified copy of domicile and caste certificate of Nitin Kumar alongwith its report and reply Ex. X-28. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said State v/s Ram Sewak and Ors. Page 54 of 79 FIR No. 320/2003 PS Dwarka Sector-23 document). The copy of application of verification of consumer cards from the of Food & Supply officer, Mayur Vihar, Delhi (circle 37) vide report Ex. X-29 alongwith its report and documents. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of details of consumer cards from the office of Food & Supply officer, Hastsal, Vikas Puri, Delhi (circle 27) vide report Ex. X-30 alongwith its report and documents. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). The copy of application of details of consumer cards from the office of Food & Supply officer, Surajmal, Delhi (circle 20) vide report Ex. X-31 alongwith its report and documents. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). Reply to the office of SDM Saraswati Vihar, Kanjhawala regarding certified copy of domicile and caste certificate Ex. X-32. (objected to by ld. Defence counsel regarding the mode and manner of proof of the said document). Reply dt. 22.11.2003 from the office of Army Head Quarter, Internal Security Groups regarding details of individuals undergoing training in the Indian Army Ex. X-33. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). Reply dt. 10.12.2003 regarding State v/s Ram Sewak and Ors. Page 55 of 79 FIR No. 320/2003 PS Dwarka Sector-23 recruitment of five recruits in Indian Army from the office of Army Head Quarter, Internal Security Groups regarding details of individuals undergoing training in the Indian Army Ex. X-34. (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). Reply dt. 19.11.2003 from the office of Army Head Quarter, Internal Security Groups regarding details of three individuals undergoing training in the Indian Army Heard quarter Ex. X-35, (objected to by Id. Defence counsel regarding the mode and manner of proof of the said document). Some more documents filed by him alongwith the charge-sheet i.e. the reports received from various FSOs and their replies as well as verification report from the SDMs. The same were exhibited as Ex. X-36 to Ex. X-48 (objected to by Ld. Counsels for accused persons as to the mode and manner of proof of documents Ex. X-36 to Ex. X-48). Thereafter, MHC(M) had produced bundle of certificates including 23 blank caste certificates, 28 blank character certificates, 14 unfilled domicile certificates, 55 printed affidavits, 15 blank stamp papers of Rs. 10/- each, 5 printed unfilled school leaving certificates, one filled character certificate already Ex. P-1 (colly.) were shown to the witness and witness correctly identified the case property. MHC(M) had further produced 95 documents as per seizure memo already Ex. 3/Y consisting of State v/s Ram Sewak and Ors. Page 56 of 79 FIR No. 320/2003 PS Dwarka Sector-23 domicile certificates, caste certificates, character certificates, mark sheets etc. were shown to the witness and he correctly identifies the case property. MHC(M) had further produced documents as per seizure memo already Ex. PW3/Z consisting of filled and blank consumer cards were shown to the witness and he correctly identified the case property. MHC(M) had further produced documents as per seizure memo already Ex. PW3/Q consisting of original verification combatant recruitment forms were shown to the witness and he correctly identified the case property. MHC(M) had further produced documents as per seizure memo already Ex. PW3/R consisting of CBSE Board certificates, enquiry reports, Delhi Police Tenant Information forms, domicile application forms, caste certificates and caste certificate Joplication forms etc. were shown to the witness and he correctly identifies the case property. MHC(M) had further produced documents as per seizure memo already Ex. PW3/T consisting of CBSE Board blank certificates, domicile certificates, investigation reports, secret forms, DCP Office Special Branch Delhi, Delhi Police tenant information forms, domicile certificate eligibility form, form of schedule caste certificates, form of backward caste certificates, caste certificates etc. were shown to the witness and he correctly identifies the case property. MHC(M) had State v/s Ram Sewak and Ors. Page 57 of 79 FIR No. 320/2003 PS Dwarka Sector-23 further produced documents as per seizure memo already Ex. PW3/U consisting of 89 ration cards were shown to the witness and he correctly identifies the case property. MHC(M) had further produced documents as per seizure memo already Ex. PW3/S consisting of 29 Mark sheets of different boards of school education were shown to the witness and he correctly identifies the case property. Thereafter, MHCM had produced the case properties i.e., (1). one sealed pullanda covered with white cloth sealed with seal of DS, as per seizure memo already ExPW3/H. Seal was broken with the permission of the court and found containing of 03 rubber stamps. After seeing, witness correctly identified the stamps and submitted that the said stamps were recovered at the instance of accused Ram Sewak from his office. (2). one sealed pullanda covered with white cloth sealed with seal of DS, as per seizure memo already ExPW3/J. Seal was broken with the permission of the court and found containing of 26 rubber stamps. After seeing, witness correctly identified the stamps and submitted that the said stamps were recovered at the instance of accused Ram Sewak from his office. (3). one sealed pullanda covered with white cloth sealed with seal of RKT, as per seizure memo already ExPW3/Z-10. Seal was broken with the permission of the court and found containing of 04 rubber State v/s Ram Sewak and Ors. Page 58 of 79 FIR No. 320/2003 PS Dwarka Sector-23 stamps and one stamp pad. After seeing, witness correctly identified the stamps and submitted that the said stamps were recovered at the instance of accused Suresh Chandra from his residence. (4) one sealed pullanda covered with white cloth sealed with seal of RKT, as per seizure memo already ExPW3/O. Seal was broken with the permission of the court and found containing of 55 rubber stamps. After seeing, witness correctly identified the stamps and submitted that the said stamps were recovered at the instance of accused Ram Sewak and from the office of accused Jitendra. (5) one sealed pullanda covered with white cloth sealed with seal of RKT, as per seizure memo already ExPW24/D. Seal was broken with the permission of the court and found containing of 05 rubber stamps. After seeing, witness correctly identified the stamps and submitted that the said stamps were recovered at the instance of accused Sant Singh from his residence. MHCM had also produced photographs of case properties i.e. (1) accused Jitender, (2) one photograph of two wooden tray (sanche used to reparing 12.20 photograph of monitor recovered at the instance of accused Ram Sewak fro he of stamps) recovered at the instance of accused Sant Singh (since expired) (5) photograph of speakers, mouse, keyboard and wires recovered at the instance of accuse Ram Sewak from the office of accused State v/s Ram Sewak and Ors. Page 59 of 79 FIR No. 320/2003 PS Dwarka Sector-23 Jitender (4) one photograph of typewriter of make Remington recovered at the instance of accused Ram Sewak from the office of accused Jitendra (5) one photograph of printer recovered at the instance of accused Ram Sewak from the office of accused Jitender (6) one photograph of CPU recovered at the instance of accused Ram Sewak from the office of accused Jitender and (7) one photograph of CPU recovered at the instance of accused Ram Sewak from his office. After seeing, witness correctly identified the aforementioned case properties and same were Ex. Q-1 (colly.). Again said, the photograph of CPU recovered at the instances of accused Ram Sewak from the office of accused Jitendra and same was ExQ-1 (colly). Thereafter, accused Ram Sewak did not dispute the identity of the offending vehicle ie Maruti Alto car white colour bearing registration no. DL4CQ 0428 as per seizure memo already ExPW3/N and monitor (micron) as per seizure memo ExPW3/K. The witness was cross examined by the Ld. Defence Counsel.
(xxv) PW-25 Sh Chander Mohan s/o Late Sh Somram r/o 2515A, 3rd Floor, Gali no. 27 Tuglakabad Extn., New Delhi-19 deposed that in the year 2003, he was working FSO Circle 22 Bawana and after receiving one request letter from the IO, he had provided his reply/ report on the same which was ExPW25/A State v/s Ram Sewak and Ors. Page 60 of 79 FIR No. 320/2003 PS Dwarka Sector-23 bearing his signature at point A and he have also provided another report regarding verification of consumer cards to the IO which was ExPW25/B bearing his signature at point A. The witness was cross examined by the Ld. Defence Counsel.
6. The prosecution evidence was closed and thereafter the statement of accused persons u/s 313 CrPC was recorded wherein all the incriminating evidence appearing against the accused persons was put to them, which they had denied to be correct and submitted that they were innocent and falsely implicated. The accused persons chose to lead evidence in their defence.
Defence Evidence
7. In his defence evidence, defence witness Sh Jelam Singh Yadav S/o Sh. Munshi Singh Yadav r/o RZ-F-762/21/B/C, Gali no. 5, Raj Nagar-II, Palam Colony, Bagdola, New Delhi had deposed that he has been residing at the abovesaid address alongwith his family members. On 29.08.2003, he was working at ITC Maurya Hotel near Dhaula Kuan, Sardar Patel Marg, New Delhi-21. On that day, he had returned at his residence at about 9:00 PM, he was smoking nearby his house and accused Ram Sewak was also present there. Six to seven people came in civil dress and in two different vehicles. They apprehended accused Ram Sewak and took him in their vehicle. He alongwith family member of accused Ram Sewak and State v/s Ram Sewak and Ors. Page 61 of 79 FIR No. 320/2003 PS Dwarka Sector-23 some other neighbours of the locality were gathered there and waited of accused Ram Sewak till around 12 mid- night/1:00 AM of the intervening night of 29/30.08.2003. They searched the accused Ram Sewak till the morning of next day till about 10:00 to 10:15 AM but all efforts were in vain. Thereafter, someone made a call at 100 number through PCO of the locality. He was also present when the 100 number call was made. After about 30 to 45 minutes a PCR van arrived at the locality and recorded our information in their diary. In between 12:30 PM to 1:00 PM, two different vehicles came back in the locality and the same persons who had taken accused Ram Sewak last night with them dropped him at his house. He was standing outside in the gali and he saw the incident. They waited for about 30 minutes and again took Ram Sewak and went away. At that time, those persons also took one Alto car belonging to accused Ram Sewak. Those persons, who were in civil dress, told that they were police officers and were from Dhaula Kuan office. Thereafter, wife of accused Ram Sewak, his child and he went to PS Palam village at Sector-23. The said witness was cross examined by Ld. APP for the State.
8. Defence witness Lt. Col. Vivekanand Saroj (Doctor), OIC Legal, Base Hospital, Delhi Cantt., New Delhi had deposed that the patient namely Ram Sewak was admitted at Base Hospital, Delhi Cantt. On 29.01.1997, as a case of compound fracture dislocation left ankle joint operated with chronic multiple lacerated wound. The date of injury State v/s Ram Sewak and Ors. Page 62 of 79 FIR No. 320/2003 PS Dwarka Sector-23 was 05.07.1996 as a result of road traffic accident. Initially wound debridement done and subsequently after four month, open reduction and internal fixation for non union medial mallolous done. The following questions were asked from the witness: Court question: Can you explain in simple terms the nature of injury received by accused Ram Sewak?
Ans: Accused Ram Sewak had received multiple fractures in his ankle and even after operation, the deformity in his ankle could not be rectified. Post operatively, he had deformity and suggested for correcting operation, however, he refused to undergo corrective surgery. Due to this effect, he will not be able to bear stress and strain of service and not fit to be active soldier.
Court question: was it possible that the due to the fracture sustained by accused Ram Sewak on 29.01.1997, accused Ram Sewak was not able to drive a vehicle thereafter, specifically in the year 2003?
Ans: he can not specifically give any answer for the above question. However, generally any patient can drive the vehicle after recovering from injuries.
9. He could not say how much time was taken for recovery of injuries of accused Ram Sewak pursuant to the accident dt. 29.01.1997. Generally, any fracture of bone starts healing after 4 to 8 weeks of the treatment. In the present case, accused Ram Sewak was discharged from the hospital on 14.06.1997. Generally, any patient was discharged from State v/s Ram Sewak and Ors. Page 63 of 79 FIR No. 320/2003 PS Dwarka Sector-23 Base Hospital, Delhi Cantt., only when entire wound gets healed and the patient was stable. At the time of retirement, every soldier was issued discharge certificate from AMC Lucknow. This was the sole proof which was left with every soldier that he has been a service man. The proof that discharge certificate bearing no. 1177 which was issued in the year 1997 to accused Ram Sewak can not be traced being a 25 year old document destroyed as per para 595 of DSR (Defence Service Regulation). Due to that injury, patient was sustained 40% disability for five years. The copies of entries of admission discharge book was taken on record and Ex. P-1 (collectively) (OSR). Copy of opinion of senior advisor, medical board proceeding invaliding (AFMSF-16) including opinion of the consulting Orthopedic Surgeon and discharge certificate bearing no. 1177 were taken on record and ExP-2 (collectively) (OSR). The said witness was cross examined by Ld. APP for the State.
10. Defence witness Sh. Abhai Kumar Singh S/o Sh. Raja Ram Singh R/o 261, MIG Flats, Pocket B, Sector 14, Dwarka, New Delhi had deposed that accused Suresh Chandra was his real elder brother. In the month of October, 2003, he used to reside with him at the aforesaid address. He also got made his adhar card and voter he card at the same address, copy of the same were Ex.DW2/A (colly) (OSR). his sister-in-law (Hemlata W/o Suresh Chandra was also residing and present at abovementioned house at that time). On 01.10.2023, when he was present in State v/s Ram Sewak and Ors. Page 64 of 79 FIR No. 320/2003 PS Dwarka Sector-23 the house, one police official who introduced himself as Sub Inspector Ravinder Kumar Tyagi came at our abovementioned house alongwith one other police official and he stated that he was taking his brother Suresh Chandra alongwith him for some inquiry. It was about 6 p.m and the said police official Ravinder Kumar Tyagi had taken his brother with him without any cause or informing anything. Nothing was recovered from our house and no writing work was done in our house. The police did not visit again thereafter. Later on, he alongwith his sister-in- law Hemlata visited to PS Dwarka to inquire about his brother Suresh Chandra but no information was provided by the police officials present there and they were simply told that he was not there in the police station. On the next day i.e 02.10.2003, they received a telephonic call at about 9:00 a.m whereby informing that his brother Suresh Chandra was apprehended by the staff of Special staff of Dhaula Kuan. On receiving that information, he along his sister-in-law Smt. Hemlata went to the office of Special Staff but he was not allowed to meet his brother and they were told that he would be produced in the Patiala House Court and asked to arrange for surety. The said witness was cross examined by Ld. APP for the State.
11. Defence witness Lt. Col. Namely V.M. Philip, Gd. Spl.
(Ortho.) Base Hospital Delhi Cantt. New Delhi had deposed that he is he is Lt. Col. Graded Specialist (Orthopedic) Base Hospital Delhi Cantt. New Delhi since 2022. He looks after the patients who suffer bone injuries.
State v/s Ram Sewak and Ors. Page 65 of 79 FIR No. 320/2003PS Dwarka Sector-23 On 29.01.1997, patient namely Ram Sewak was admitted at Base Hospital, Delhi Cant, New Delhi when he met with Road Traffic Accident. On perusal of record i.e. Ex. P-1 (OSR) (Colly.) and P-2 (OSR) (Colly.), it was revealed that he suffered compound fracture dislocation of left ankle for which he underwent multiple surgeries and was discharged from Military Service since he was deemed unfit to carry out rigorous activities needed for an active soldier. As per the opinion of treating surgeon at the time of discharge patient had difficulty and pain in walking. The examination of left ankle revealed painfully restricted movements and deformity of the left ankle with features of chronic infection in the bones of the left ankle. He concur with the opinion given by the treating surgeon namely Col. J. Sikdar (Sr. Advisor) Orthopedics. At the time of discharge from military service, the patient was advised to undergo corrective surgery in the form of Arthodesis (Fusion of joint) so that his pain and deformity can be corrected; but the patient was unwilling for the same at the time of discharge. Since, the corrective surgery was not performed, the patient was expected to have life long worsening of his pain, deformity and difficulty in walking. At present, the patient has severe pain and difficulty in walking and a surgery could be offered if he consults any orthopedic surgeon to alleviate his present clinical situation. The said witness was cross examined by Ld. APP for the State.
State v/s Ram Sewak and Ors. Page 66 of 79 FIR No. 320/2003PS Dwarka Sector-23
12. Defence witness Ram Sewak s/o Sh Suraj Pal r/o RZ G-
398B, Gali no.4, Raj Nagar-II, Palam Colony, New Delhi- 45 had deposed that on dated 29.04.2003, he was at his house and about 9 PM two police officials came at his house and forcefully took him out from his house. He was running a PCO shop. He had employees two boys at the said PCO Shop. The aforesaid two police officials forcefully took both his employees as well as myself to Special Branch, Dhaula Kuan thana. He asked them to inform at his house about his apprehension by them. They did not inform anyone at his home. They gave him a newspaper 'Times of India' and asked him to give a handwriting sample by copying one paragraph written in the newspaper in his own handwriting. He told them that he do not know English. They still asked him to give the handwriting sample. He gave the same in capital words. Thereafter, they took out one blank certificate from their almirah and asked him to fill the same. He again told them that he do not know English and asked them why were they making him fill a blank document which bears the stamp of SDM. They gave him one Aadhar card of one person namely Jafar Khan and asked him to fill the certificate with the details of said Jafar Khan. They threatened him to fill the said details and if he refused to do so, they threatened him that they will shoot him. He was compelled to fill the blank certificates with the details of Jafar Khan. They gave him some blank papers and asked him to put his signatures thereon. At that time, in the State v/s Ram Sewak and Ors. Page 67 of 79 FIR No. 320/2003 PS Dwarka Sector-23 PS he had heard the police officials talking to his employees of PCO shop. He saw that the police officials gave them some money and asked them to leave Delhi, otherwise, they (the police officials) will shoot them. Till date, he have not seen both of his employees of PCO Shop. Thereafter at the PS, they opened one box which contained number of forms and ration cards. The police official told him that all the said documents in the box have been recovered from him. When he objected to the false allegations being levelled against him by the police officials, they threatened him to implicate him in false NDPS cases, in which they told him that he will not be able to secure bail. It was around 1:00 AM of 30.04.2003. He was locked inside one room that night in the PS. On 30.04.2003 at about 8/9 AM in the morning, one police official namely Charan Singh came in his room and told him that a 100 number call has been made by his family members and therefore, he will have to take him back to his home. He was taken back to his home. After having some breakfast, he was again taken back to Special Branch, Dhaula Kuan thana. On 30.04.2003, the police officials took his car Alto make Maruti to Special Branch, Dhaula Kuan thana at about 3/4 PM in the day time. On 30.04.2003, he was produced before the court and they took his remand. He stayed at Special Branch, Dhaula Kuan thana for the next about five days. They did not take him anywhere outside Special Branch, Dhaula Kuan thana. In that period, he requested them to inform him that what State v/s Ram Sewak and Ors. Page 68 of 79 FIR No. 320/2003 PS Dwarka Sector-23 he had done. But, they did not pay any heed to his requests and after five days he was sent to Tihar Jail. Nothing was recovered from his office or at his instance. The recovery was not effected from him and same were planted upon him. All PWs were interested witnesses and deposed against him. At that time, he was suffering from injuries on his ankle which was comes under the category E as per Army Rules and due to that injury, he was not fit for driving any vehicle. The date of offence in his statement recorded on 30.05.2024 inadvertently reflects the date of apprehension as stated by him to be 29.04.2003 & 30.04.2003. However, infact the date of his apprehension was on 29.08.2003 and 30.08.2003. The said witness was cross examined by Ld. APP for the State.
13. It is trite in criminal jurisprudence that the prosecution is under an obligation to prove its case against the accused beyond reasonable doubt. The standard of proof to be adopted in criminal cases is not merely of preponderance of probabilities but proof beyond reasonable doubt on the basis of cogent, convincing and reliable evidence. It is also well settled that in case of doubt, the benefit must necessarily be allowed to the accused.
Legal Position
14. In the present case the accused persons have been charged for committing offences punishable u/s 420/471/468/466/473/476/120B IPC. In order to prove the State v/s Ram Sewak and Ors. Page 69 of 79 FIR No. 320/2003 PS Dwarka Sector-23 charges u/s 420 IPC framed against the accused persons, prosecution was supposed to prove that the accused persons had 1). deceived any person and 2). Fraudulently or dishonestly induced the person so deceived to deliver any property to any person or to consent that any person shall retain any property or 3). Intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property. Whereas in order to prove the charge u/s 468/471 IPC prosecution was required to prove that 1). Accused had committed forgery in respect of a document in the present case. 2). The intention of the forger should be that the forged document is to be used for the purpose of cheating and 3). The forgery should have been committed with particular intent. In respect of Section 471 IPC, prosecution was supposed to prove in addition to the above
1). That accused fraudulently or dishonestly used the document as genuine and 2). That accused knew or had reasons to believe that the document was forged.
Arguments
15. Ld. APP for State has argued that prosecution has successfully proved the charges against all the accused persons by leading clinching evidence in the form of direct and circumstantial/link evidence and was further argued State v/s Ram Sewak and Ors. Page 70 of 79 FIR No. 320/2003 PS Dwarka Sector-23 that by clinching evidence, the prosecution has been able to prove all the foundational facts of demand, acceptance and recovery of money, forms, stamps and seals. Thus, the material on record is sufficient to fasten the guilt of the alleged offences upon the accused persons.
16. Per-contra, Ld. Defence Counsels for the accused assailed the prosecution case primarily on the ground that the deposition of the complainants is full of material discrepancies and even the testimonies of the independent witnesses suffer from serious infirmities and contradictions making them completely unreliable and untrustworthy. Broadly, following arguments have been raised on behalf of accused persons by the Ld. Defence Counsels:-
(i)During the entire alleged raid, no independent witness was made to join the raiding party and even the shadow witnesses were police officials. It is also alleged that no prior permission was taken before forming a raiding party and sending a decoy customer. Hence, neither the alleged verification nor the transaction of buying and supplying of forged documents at the time of alleged trap was witnessed by any independent witness. (ii) That the allegations of forgery raised against accused persons are totally false and the same is evident from the inconsistent statement of the prosecution witnesses. (iii) That in the catena of judgments, Hon'ble Apex Court has observed that the testimony of the complainant in the trap cases is in the nature of an accomplice and thus, it cannot be believed without corroboration from an independent source.State v/s Ram Sewak and Ors. Page 71 of 79 FIR No. 320/2003
PS Dwarka Sector-23 Whereas, in the instant case, neither the alleged demand was witnessed by any independent witness nor the alleged acceptance of money and nor the recovery of the alleged forms, stamps and other documents. (iv) It is further argued that the currency notes which were used during the alleged raid was not even demarcated/tainted, let alone by any chemical solution as not even the sequence number of the currency note is reflected in the entire evidence which would prove that indeed the same currency notes were recovered from the accused Ram Sewak. (v) It is further stated that the FSL report has been filed by the IO through supplementary chargement however the same has not been proved by the prosecution in the evidence and therefore, it cannot be said that prosecution is relying upon the same.
Analysis
17. In a criminal trial, the onus remains on the prosecution to prove the guilt of the accused persons beyond all reasonable doubts and benefit of doubt, if any, must necessarily go in favour of the accused. It is for the prosecution to travel the entire distance from may have to must have. If the prosecution appears to be improbable or lacks credibility the benefit of doubt necessarily has to go to the accused persons.
18. Evidence is the only way to prove or disprove anything and oral testimony apart from the documentary evidence, are the ways through which evidence is brought on record. Where oral testimony is relied upon, then the credibility of State v/s Ram Sewak and Ors. Page 72 of 79 FIR No. 320/2003 PS Dwarka Sector-23 the witnesses becomes very important. It is to be seen whether the witnesses are trustworthy, reliable, narrate factual position in a proper way, truthful and that he or she is not irresponsible or reckless or that he or she has no mala fides, ulterior motive in deposing a particular fact for or against a particular person or a particular act or incident. Thus, the oral evidence has to undergo this acid test.
19. In the instant case, one of the foremost contention raised by Ld. Defence Counsels to challenge the credibility of the prosecution case are the inter-se contradictions in the version of the witnesses as well as the contradictions of their versions recorded during the trial. It is to be noted that PW-3 who is the shadow witnesses in the present matter had to be cross examined by the Ld. APP wherein he has deposed that he has never gone to the office of the Jitender after 31.08.2003 however recovery was made on 01.10.2003.
20. Further admittedly, the shadow witness PW-3 did not enter the office of Ram Sewak as reflected in his cross examination therefore at the time of trap he was standing outside the shop. Therefore, he failed to witness the transaction of the trap. In view thereof, for the purpose of proving the demand of money and agreement on the part of Ram Sewak to provide forged documents, the ocular evidence available with the prosecution is only that of the Ct. Jaffar. Further PW-3 in his cross examination has stated that he had not even seen Ct. Jafar Khan paying the amount of Rs. 4000/- to Ram Sewak. Further when the State v/s Ram Sewak and Ors. Page 73 of 79 FIR No. 320/2003 PS Dwarka Sector-23 accused Ram Sewak had come to deliver the documents at Dada Dev Mandir PW-3 had not heard the conversation between Ct. Jafar Khan and accused Ram Sewak.Further PW-3 had stated in his cross examination that the alleged character certificate and caste certificate were not given in his presence by accused Ram Sewak to Ct. Jaffar. Therefore the testimony witness of the shadow witness also raises doubt about the incident.
21. It is further to be noted that PW-3 has stated that the raiding party under the supervision of inspector H.S.Gill was briefed and PW-3 had in fact stated that Inspector Gill was leading the trapping team that day but he was never examined by the prosecution.
22. Before delving deep into the evidence adduced on record, it is necessary to recount again that mere possession and recovery of currency notes from accused Ram Sewak is not enough to place the guilty upon him. It is to be noted that in a case of trap, the complainant is the interested witness on the side of prosecution and therefore, his evidence should be carefully scrutinized and unless his version is corroborated by some cogent evidence, the case of prosecution should not be accepted. Therefore, the solitary evidence of the complainant/ police witnesses only, without proper corroboration cannot be believed to record conviction.
23. In the instant case, the trap was laid when a dummy candidate that is Ct. Jaffer asked accused Ram Sewak to make fake OBC certificate for consideration amount of Rs.
State v/s Ram Sewak and Ors. Page 74 of 79 FIR No. 320/2003PS Dwarka Sector-23 10000/- out of which Rs. 4000/- was given to Ram Sewak and some of the said currency notes were seized when accused Ram Sewak came to deliver the said document and apprehended. However these currency notes were not demarcated in any manner, let alone by applying any chemical solution including phenolphthalein powder or by even recording the sequence number of the currency notes. Seizure Memo of these currency notes were made after the recovery thus no proof has been filed that would in fact reflect that these notes mentioned in seizure memo were the same which was given by the decoy candidate.Thus this remains a major flaw in the investigation which weakens the story of the prosecution.
24. It is further to be noted that perusal of the examination of prosecution witnesses revealed that none of the witnesses are public witnesses. Thus, it is not the case of the prosecution that no public person was present at or near the spot of recovery. However, it is equally true that no steps are shown to have been taken to note down the names and addresses of those persons and not even at the time of forming of raiding party, at the time of recovery of case property or at the time when trap was laid. It is a well settled proposition of law that non-joining of public witnesses throws doubt over the fairness of the investigation by police. Section 100 (4) of the CrPC also casts a statutory duty on an official conducting search to join two respectable persons of the society. However, no public person has been joined by the IO in the present State v/s Ram Sewak and Ors. Page 75 of 79 FIR No. 320/2003 PS Dwarka Sector-23 case. In a case titled as Nanak Chand Vs. State of Delhi, 1990 SCC OnLine Del 469, Hon'ble High Court of Delhi has observed as under:
"The recovery was from a street with houses on both sides and shops nearby. And, yet no witness from the public has been produced. Not that in every case the police officials are to be treated as unworthy of reliance but their failure to join witnesses from the public especially when they are available at their elbow, may, as in the present case, cast doubt. They have again churned out a stereotyped version. Its rejection needs no Napoleon on the Bridge at Arcola.''(Emphasis supplied)
25. In the present case also, non-joining any public person as a witness creates doubt on the case of the prosecution. Although, this Court is conscious of the fact that it is a well settled law that the prosecution case cannot be thrown out or doubted on the sole ground of non-joining of public witnesses as they keep themselves away from the Court unless it is inevitable, however, in the present case, it is not only the absence of public witnesses which raises a doubt on the prosecution version but when the recovery was made on multiple occasions then also no efforts were put in by the raiding team or the investigation agency to join the public witnesses. Especially in cases like the instant one wherein a trap was laid and the raiding team had multiple opportunities to include public witnesses but then also fail to do so raises many doubts.
State v/s Ram Sewak and Ors. Page 76 of 79 FIR No. 320/2003PS Dwarka Sector-23
26. As per the testimony of the PW-24 four rubber stamps were recovered from the house of Suresh Chandra on disclosure statement of the accused Jitender however it is not made clear as to the description of these rubber stamps. Here it is to be noted that other than the disclosure statements nothing has been placed on record to prove the involvement against the accused Jitender. Although the disclosure statement falling under Section 27 of Evidence act holds significance as a contributing factor, it is not so strong a piece of evidence sufficient on its own and without anything more, to bring home the charges beyond reasonable doubt. Disclosure statement under section 27 Evidence act per se, unaccompanied by any supporting evidence can not be deemed adequate to secure conviction.
27. PW-21 to PW-23 were examined to prove the alleged fake and fabricated certificate, however, they were not able to support the prosecution version. PW-22 in fact, deposed that the candidate details were duly verified and found to be correct. As per testimony of PW-23, the document of one Yogesh Jakhar which was brought by the witness found to be issued by SDM Saraswati Vihar.
28. It is seen that nothing has been brought on record to prove that certificates issued to Dharam Veer and Mahender Kumar were fabricated either through documentary evidence or by ocular evidence.
29. In the instant case, the first charge against the accused persons is U/sec. 420 IPC. As per the prosecution, the accused had cheated the general public and decoy State v/s Ram Sewak and Ors. Page 77 of 79 FIR No. 320/2003 PS Dwarka Sector-23 candidate to deliver the forged OBC Certificate by dishonestly inducing him to deliver Rs. 10,000/. However, perusal of testimony of the prosecution witnesses show that who was examined as PW3 reveals that there is nothing in his testimony to support the allegation of cheating against the accused persons. In his testimony he has simply deposed that he delivered Rs. 10,000/ to accused Ram Sevak for making a OBC Certificate which was delivered to him. Further PW-4 had stated in his chief examination that at the time of recovery and seizure from the office of Ram Sewak original recruitment forms and passport were recovered then again he said ration cards were recovered which again create doubt in the story of the prosecution.
30. PW-5 and PW-6 have stated in his cross examination that he could not recall whether he received any original document for the purpose of verification or not.
31. Thus, as a cumulative effect of all the points discussed above, I am of the opinion that the prosecution has failed to prove its case beyond reasonable doubt and benefit of doubt must necessarily go in favour of accused. Accordingly, all accused persons namely Ram Sewak, Jitnder Kumar and Suresh Chandra are acquitted of the offence punishable U/Sec. 420/ 466/ 468/ 473/ 471/ 474/ 476/ 120B IPC as charged of.
32. This judgment contains 79 pages and the same has been pronounced by the undersigned in open court today and each page bears my signatures.
State v/s Ram Sewak and Ors. Page 78 of 79 FIR No. 320/2003PS Dwarka Sector-23
33. Let a copy of the judgment be uploaded on the official website of District Courts, Dwarka forthwith.
ANNOUNCED IN THE OPEN COURT
TODAY, i.e., ON 24.05.2025 Digitally signed
by KRITIKA
KRITIKA JAIN
JAIN Date:
2025.05.24
16:09:01 +0530
Kritika Jain
Judicial Magistrate First Class-03
South-West District/New Delhi
24.05.2025
State v/s Ram Sewak and Ors. Page 79 of 79
FIR No. 320/2003
PS Dwarka Sector-23