Delhi District Court
Fir No. 913/07; State vs . Yogesh Kumar & Anr. Page 1 Of 37 on 17 October, 2012
IN THE COURT OF SH. YASHWANT KUMAR : ADDL. SESSIONS
JUDGE03:NW:ROHINI:DELHI
SESSIONS CASE NO. 77/11
FIR No. 913/07
P.S. Saraswati Vihar
U/S: 489C/489D/34 IPC
STATE
Versus
(1) YOGESH KUMAR
s/o Sh. Suresh Kumar
r/o A99, Vijay Nagar,
Bawana, Delhi
(2) DEEPAK KUMAR @ AMIT
s/o Mohan Ram
r/o RZ141, Indra Park,
East Uttam Nagar, Delhi
Date of Institution: 23102007
Date of arguments: 15102012
Date of judgement: 17102012
JUDGMENT
1. The case of the Prosecution, in brief, is that on 14082007, five accused were arrested in case FIR no. 650/07 u/s 399/402/489C IPC & 25 Arms Act, PS Samaipur Badli and FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 1 of 37 counterfeit currency of Rs. 7,500/ in the denomination of Rs. 500 were recovered from three accused namely Rajesh @ Raju, Narender @ Monu and Lal Babu @ Shambhu. Accused Narender @ Monu gave disclosure that he received the said currency notes from one Yogesh @ Montu. On this information, SI Ram Avtar, Special Staff, NW District, Rohini deployed his sources in search of said Yogesh @ Montu. On 24082007, at about 4 pm, secret informer informed SI Ram Avtar through telephone that Yogesh @ Montu, involved in the racket of counterfeit currency notes, would come in front of PP Jewellers, Netaji Subhash Place, Pitampura at about 6:30 pm on motorcycle make Pulsar bearing no. DL8SAA4508 to deliver counterfeit currency notes of Rs. 100 denomination to his friend and if raid conducted, he can be apprehended along with counterfeit currency. SI Ram Avtar disclosed this information to Inspector Rajpal Dabas, Special Staff and ACP and at 4:10 pm DD no. 14 was recorded in Special Staff, NW District. On the instructions of SHO and ACP, SI Ram Avtar organized a raiding party consisting himself HC Sushil, HC Mohinder, Ct. Harvinder Singh, Ct. Jai Parkash, Ct. Rajender, Ct. Anand Kumar and briefed all the staff about the secret information. FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 2 of 37 Vide DD no. 16, the raiding party left the office of Special Staff, Sector17, Rohini at about 5:15 pm in two maruti cars and reached Metro Station Kohat Enclave at about 5:40 pm where secret informer met SI Ram Avtar. SI Ram Avtar asked 56 passersby to join the raiding party but all of them left expressing their inability. Without wasting time, SI Ram Avtar along with staff and secret informer reached Netaji Subhash Place Complex, Pitampura at 6 pm and parked their vehicles at some distance from PP Jewellers. The secret informer was instructed to give signal on the arrival of Yogesh @ Montu and after deploying all staff near the building of PP Jewellers, they started waiting for the accused. At about 6:35 pm, one young boy came on a motorcycle bearing no. DL8SAA4508 and parked his motorcycle in front of PP Jewellers and started waiting. The secret informer pointed towards that boy as Yogesh @ Montu. After waiting for 15 minutes, when that person started leaving the place, the police team apprehended that boy along with motorcycle at about 6:50 pm.
2. It is also the case of the Prosecution that on inquiry, he disclosed his name as Yogesh @ Montu. On search of accused Yogesh @ Montu, one bundle of Rs. 100 currency notes was FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 3 of 37 recovered from the back right pocket of cargo pant which were looking counterfeit currency notes. Accused Yogesh disclosed that he had come to deliver the counterfeit notes to his associate Ahmad Hasan and that currency notes were counterfeit. He further disclosed that his friend Deepak Kumar prints those currency notes at his room in Indra Park, Uttam Nagar, Delhi and he had handed over the same currency notes to him for delivery. On counting, 55 counterfeit currency notes in the denomination of Rs. 100 of Indian Currency were recovered. On checking, the currency notes were found to be of three series i.e 19 currency notes of 2HL 842213 series; 17 currency notes of JCD 977732 series and 19 currency notes of JKB 549302 series. The recovered currency notes of Rs. 5,500 were converted into pullanda and after affixing seal of RS, it was taken into possession. The Pulsar motorcycle was also taken into possession. Accused Yogesh confessed that he wanted to use the counterfeit currency as genuine Indian currency. FIR was registered u/s 489C IPC and further investigation was handed over to SI Dayanand. SI Ram Avtar handed over accused Yogesh along with documents to SI Dayanand. Confession statement of accused Yogesh was recorded. On 25082007, at the instance of accused FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 4 of 37 Yogesh, accused Deepak @ Amit was apprehended from RZ141, Indra Park, East Uttam Nagar and from his house counterfeit currency of Rs. 100 having serial no. JCD 977732 (three notes), JKB 549302 (one note) and 2HL 842213 (one note) was recovered along with some semiprepared currency notes paper which were given Sl. no. 1 to 14, iron scale, cutter, and one CD make Moser Baer having programme of Rs. 100 currency note. Computer Monitor, CPU, keyboard, mouse and leads were taken into possession. Scanner and printer could not be seized as they were taken by Ahmad for repairs. All these articles were taken into possession and deposited in Malkhana. After completion of investigation, chargesheet was filed u/s 489C/489D/34 IPC.
3. After compliance of Section 207 Cr.P.C., the case was committed to Sessions Court. Charge u/s 489A/489C/489D/34 IPC was framed against both the accused to which they pleaded not guilty and claimed trial.
4. In order to prove its case, Prosecution examined 12 witnesses. Statements of accused u/s 313 Cr.P.C. were recorded wherein they denied all the allegations made against them. Initially, accused Yogesh opted to lead defence evidence but later on, he FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 5 of 37 decided not to lead defence evidence.
5. I have heard the Ld. Defence counsel and Ld. APP for the State and have perused the written arguments/ submissions and entire records.
6. In the present case, accused have been charged for the offence punishable u/s 489A/489C/489D/34 IPC. Section 489A IPC provides punishment to a person who counterfeits or knowingly perform any part of the process of counterfeiting any currency notes; Section 489C IPC provides punishment for possession of forged or counterfeit currency notes and section 489D IPC provides punishment for making or possessing instruments or materials for forging or counterfeiting currency notes.
7. The Ld. Defence counsel for the accused Deepak argued that the accused Deepak has been falsely implicated in this case as nothing has been recovered from him. No raid was conducted by police on 24082007. Even no scanner or printer was recovered from the accused Deepak. No person was called from the locality at the time of searching of the alleged instruments as fake currency notes which is violation of section 100 (4) Cr.P.C. Even the public witness PW1 was also declared hostile. The Ld. FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 6 of 37 Defence counsel filed written arguments on behalf of accused Deepak. Ld. Counsel for accused Deepak, in support of his arguments, relied upon the judgements reported as Pirthi Singh Vs. State of Punjab 2006 CRI.L.J. 1393; Ragho Saran Sao Vs. The State, AIR 1961 Patna 405 (V 48 C 119); Ved Rattan Arya Vs. State 1974 RLR 50 (Delhi High Court); Mohammad Ahmad Saddiqi Vs. State of Punjab, 2005 CRI.L.J. 3053; Dinesh Dutt Joshi Vs. State of Rajasthan and another, 2001 CRI.L.J. 4697; Veera Swamy Shanmugan Sundaram Vs. The State of AP, 2001 CRI.L.J. 3787. The Ld. Counsel for accused Yogesh argued that the accused was falsely implicated since no such offence was committed by him. There is no mention in the rukka as to who had given seal after its use and PW9 admitted that seal of RS did not belong to him. PW7 did not give the name of the driver of vehicle which was used in the raid. Neither the scanner nor the printer was recovered by the police. There are major contradictions in the testimonies of PWs. The Ld. Counsel for the accused Yogesh, in support of his arguments, relied upon the judgements reported as Umashankar Vs. State of Chhattisgarh, 2001 Criminal Law Journal 4696; State (Delhi Administration) Vs. Pawan Kumar Garg (Delhi High Court) FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 7 of 37 1986 (1) 142; State by Lashkar Police Station, Mysore Vs. M. V. Srinivasa, 2004 (3) RCR (Criminal) 127; Mohd. Shamim Vs. State, 40 (1990) DLT 103; Shahabuddin Vs. The State (NCT of Delhi), 2002 [1] JCC 368; Bhagirath Vs. State of Madhya Pradesh, 1976 CRI. L. J. 706; Aslam Parvez Vs. Govt. of NCT of Delhi, 2003 (2) RCR (Criminal) 874; Chander Pal and etc. Vs. The State, 1999 CRI. L.J. 135; Jaivir Singh (in jail) Vs. State (Delhi Administration) 1995 CRI.L.J. 1477; Roney Dubey Vs. State of West Bengal, 2007 CRI.L.J. 4577; Reman @ Raman and Anr. Vs. State of Chhattisgarh, 2008 (4) Crimes 522 (Chh.); K. R. Roshy and others Vs. State of Kerala, 2005 CRI.L.J. 3657; Selvan and others Vs. The State, 1991 Criminal Law Journal 1942; Kingett Edward Christopher Vs. State of HP, 1996 (2) CRIMES 245; Mohd. Raffique Vs. The State, 2000 Criminal Law Journal 2401; Smt. Prem Lata Vs. State of Himachal Pradesh, 1987 CRI.L.J. 1539; State of Himachal Pradesh Vs. Sudarshan Kumar and etc. with Schneider Helmut and etc. Vs. State of Himachal Pradesh, 1989 CRI.L.J 1412; Saudan and another Vs. State of Rajasthan, 2002 CRI.L.J. 4816; State of Madhya Pradesh Vs. Ramprakash and others and Munnilal and etc. Vs. State of Madhya Pradesh, 1989 FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 8 of 37 CRI.L.J. 1585.
8. The Ld. APP for the State argued that on the information of secret informer, raiding party reached Netaji Subhash Place Complex, Pitampura, Delhi on 24082007 at about 6 pm and parked their vehicles at some distance from P. P. Jewellers. At about 6:35 pm when the accused Yogesh came on a motorcycle and parked it in front of PP Jewellers, the secret informer pointed out towards him and after waiting for 15 minutes, when the accused Yogesh started to leave the place, he was apprehended at about 6:50 pm on the same day and on search of accused Yogesh, one bundle of 100 currency notes was recovered which was looking counterfeit currency which he disclosed that he came to deliver the counterfeit notes to his associates Ahmad Hasan and the accused Yogesh further disclosed that the co accused Deepak used to print these currency notes at his room in Indirapuram, Uttam Nagar, Delhi and the said counterfeit notes were handed over to him by the coaccused Deepak. On counting, 55 counterfeit currency notes in the denomination of Rs. 100/ of Indian currency was recovered. The motorcycle was also taken into possession. On 25082007, at the instance of the accused FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 9 of 37 Yogesh, accused Deepak was apprehended from his house, five counterfeit currency notes of Rs. 100/ along with some semi prepared currency notes papers. Computer, monitor, CPU, keyboard, mouse, leads were taken into possession which were deposited in Malkhana which have been proved by the PWs. Further, there are no major contradictions in the testimonies of PWs. The accused cannot be acquitted on the sole ground of defective investigation as well as the hostile witness. The Ld. APP for the State, in support of his arguments, relied upon the judgement reported as Tej Pratap Singh Vs. State, 2012 CRI.L.J.
486.
9. In view of the above arguments of the Ld. Defence counsel and the Ld. APP for the State as well as the judgement relied upon by them, let us examine the evidence led in this case as to whether the accused committed the offence as charged or whether they have been falsely implicated in this case. PW1 Shama Mahindru deposed that she is the landlady of H. No. RZ141, Indra Park, Uttam Nagar, Delhi which was constructed upto third floor. There is one room and kitchen on the third floor which was given on rent to one lady Nusrat. On the second day, FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 10 of 37 after she rented the above said room to Nusrat, she told her that her husband was seriously ill and she was going to visit her husband. At the same time, accused Deepak came to meet her and she told him that she would talk to him later as her husband was not well. Accused Deepak was present in the room. After some time, the police came and knocked her door and they asked PW1 about Nusrat and Deepak. Police told PW1 that Nusrat was a PO. Police went upstairs and arrested accused Deepak. PW1 further deposed that nothing else happened in her presence. PW2 SI Parmender Singh Rawat deposed that on 24082007, on receipt of rukka through Constable Rajender sent by SI Ram Avtar, he recorded FIR no. 913/07 u/s 489C as Ex. PW2/A and made endorsement on the rukka vide Ex. PW2/B. PW3 Dinesh deposed that Yogesh is his real brother. PW3 is the registered owner of motorcycle bearing no. DL8SAA4508 (Pulsar) and he got released the motorcycle on supardari vide application Ex. PW3/B and Supardarinama Ex. PW3/A. He produced the motorcycle in the court as Ex. PX. PW4 HC Anoop Singh deposed that on 14082007, he was posted at PS Samaipur Badli and on that day he got recorded FIR no. 650/07 u/s 399/402/489C IPC FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 11 of 37 and u/s 25 Arms Act as Ex. PW4/A (OSR). Recovery of fake currency notes was effected from Rajesh @ Raju, Narender @ Mathew and Lal Babu. PW5 Ms. Deepa Verma, Asstt. Director (Documents) FSL Rohini proved her detailed report as Ex. PW5/A. PW6 Sh. Jiju P.V., Sr. Scientific Officer (documents) FSL Rohini proved the photographs of parcel and CD as Ex. PW6/A to PW6/C, 26 sheets containing data as Ex. PW6/D (colly), his detailed report as Ex. PW6/E. PW6 identified one CD of Moserbaer as Ex. PA which was examined in FSL and 60 currency notes in the denomination of Rs. 100 bearing the series of JCD 977732, 2HL 842213 and JKB 549302 as Ex. PB (colly) and 14 semiprepared sheets of Rs. 100 as Ex. PC. PW6 further deposed that data received from the CD was having the same series number of the fake currency notes as detailed in Ex. PB.
10. PW7 HC Mahender Singh deposed that on 24082007, he was posted at Special Staff, NW and at about 4 pm one secret informer informed to SI Ram Avtar that accused Yogesh would come at PP Jewellers, Pitampura at about 6:30 pm for delivering the fake currency notes to one Ahmad Hasan. The information was given to senior officers by SI Ram Avtar and DD FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 12 of 37 no. 14 was recorded in this regard. After taking permission from senior officers, IO prepared a raiding party consisting PW7, SI Ram Avtar, Ct. Jai Prakash, HC Sushil, Ct. Harvinder and Ct. Anand. After making departure entry vide DD no. 16, they left the office of Special Staff at about 5:15 pm and reached at Kohat Enclave Metro Station at about 5:40 pm where secret informer met SI Ram Avtar and told that Yogesh would come at 6:35 pm for delivering the notes. SI Ram Avtar asked 45 persons to join the raiding party after disclosing them about the secret information but they all refused and went away without disclosing their names and addresses. They all reached near PP Jewellers at about 6 pm and parked their vehicles at a distance. At about 6:35 pm, accused Yogesh Kumar (correctly identified) reached there on motorcycle bearing no. DL8SA4508 make Pulsar and started waiting for somebody for about 15 minutes. At about 6:50 pm, when accused about to leave, at the instance of secret informer, he was apprehended. IO took formal search of accused Yogesh and two bundles of currency notes of Rs. 100/ were recovered which were tied with the rubber band. IO checked the currency notes and fount it fake. The currency notes were of series DHL 842213, JCB FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 13 of 37 977732 and JKB 549302. The total fake currency notes were 55. The currency notes of one series were 19, of other series were 19 and remaining were 17. IO prepared cloth parcel of currency notes and sealed with the seal of RS and same was taken into possession vide memo Ex. PW7/A. The motorcycle was taken into possession vide memo Ex. PW7/B. IO prepared a rukka and got the FIR registered through Ct. Rajender. Accused was arrested by second IO SI Dayanand. Accused was interrogated and he made disclosure statement vide memo Ex. PW7/C. Accused disclosed that he can got arrested accused Deepak who used to prepare fake currency notes. PW7 identified 19 currency notes of series 2HL 842213, seventeen currency notes of series JCD 977732 and nineteen currency notes of series JKB 549302 which were recovered from accused Yogesh as Ex. PW7/X (total 60 currency notes taken out from one packet out of which five currency notes of abovementioned series were recovered from accused Deepak).
11. PW8 HC Narender Kumar proved entries no. 3923, 3924 and 3927 of Register no. 19 as Ex. PW8/A to PW8/C, RC no. 270/21/07 as Ex. PW8/D and receipt Ex. PW8/X. PW9 Inspector Ram Avtar deposed that on 24082007, he was posted as SI at FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 14 of 37 Special Staff, NW District and on 14082007 he arrested five persons vide FIR no. 650/07, u/s 399/402 IPC, 489C IPC and 25 Arms Act, PS Samaipur Badli. One accused namely Narender of the aforesaid case during interrogation disclosed that fake currency notes which were recovered from him and his associates were given to him by one Yogesh Kumar. Thereafter, police team was searching Yogesh Kumar. On 24082007, PW9 received an information at Special Staff office through telephone from the informer that the boy namely Yogesh, wanted in fake currency notes matter, would visit near PP Jewellers, Netaji Subhash Place on his motorcycle no. DL8S AA 4508 to deliver fake currency notes to his associates. The said information was shared with Inspector Rajpal Dabas from Special Staff and DD no. 14 Mark PW9/X was recorded. ACP and Inspector directed him to immediately take necessary action in this regard. PW9 formed a raiding party consisting of HC Sushil, HC Mahender, Ct. Rajender, Ct. Jai Prakash, Ct. Anand, Ct. Harvinder and himself. All the raiding party members were in plain clothes and they were briefed. The police team left for the place of information in two private vehicles after lodging DD no. 16 Mark PW9/X1. As soon as they FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 15 of 37 reached Kohat Enclave Metro Station, Informer met PW9. PW9 requested 5--6 passersby to join the raiding party but none agreed. The police team parked their vehicles at some distance from PP Jewellers and proceeded on foot. They reached near PP Jewellers at 6 pm. The informer was asked to point out towards the boy as soon as he reach there. The police team was positioned in different directions.
12. PW9 further deposed that at around 6:35 pm, a boy came on motorcycle no. DL8SAA4508 and after parking his motorcycle, started waiting. The informer pointed out towards the said boy. When he started leaving the spot after waiting about 15 minutes, the said boy was apprehended by the police team. During search of said boy, he was found carrying a bundle of Rs. 100 currency notes. On counting the said notes, they were 55 in number. On perusal of these notes, they appeared to be fake currency notes. The currency notes were in three series i.e. DHL 842213 (19 notes), JCD 977732 (17 notes), JKB 549302 (19 notes). On interrogation, the said boy disclosed his name Yogesh Kumar (correctly identified) and informed the police team that he had visited the said place to deliver the consignment to a person by FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 16 of 37 the name of Ahmad Hassan. Accused Yogesh further disclosed that said currency notes were prepared by his associate Deepak r/o Indira Park, Uttam Nagar. A pullanda was prepared of all the currency notes and a seal of RS was appended on the same. Seal after use was handed over to Ct. Rajender. PW9 seized the said pullanda through seizure memo Ex. PW7/A. The aforesaid motorcycle was also seized vide seizure memo Ex. PW7/B. PW9 prepared a rukka Ex. PW9/A and sent Ct. Rajender for registration of FIR at PS Saraswati Vihar. SI Daya Chand reached from PS Saraswati Vihar and PW9 handed over sealed pullanda and all the documents prepared by him to SI Daya Chand. SI Daya Chand prepared site plan of the place of occurrence at his instance and recorded his statement. PW9 identified 55 currency notes of the aforesaid three series out of total 60 currency notes which were recovered by him from the possession of accused Yogesh as Ex. PW7/X (collectively). The remaining five currency notes were not recovered by him and same were recovered by SI Daya Nand from other accused.
13. PW10 Ct. Ramraj deposed that on 12.10.2007, he was posted as Constable at PS Saraswati Vihar, Delhi and he took five FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 17 of 37 sealed parcels sealed with the seal of RS and DCS from the malkhana vide RC No. 270/21/07 and deposited three sealed parcels at FSL, Rohini. Parcel No. 3 and 5 could not be deposited due to some objection by the FSL. He obtained the receipt of the parcels deposited at the FSL. Thereafter, he came back to PS and deposited the said two parcels and receipt with the MHC(M). PW11 SI Dayachand deposed that on 24.8.2007, SI Ram Avtar got registered the present FIR in the PS and investigation was assigned to him by the SHO. He along with Ct. Rajender reached at PP Jewellers, Netaji Subash Place where SI Ram Avtar along with staff met him. Accused Yogesh was in the custody of SI Ram Avtar. PW11 prepared site plan Ex. PW11/A of the spot at the instance of SI Ram Avtar. SI Ram Avtar handed over him a sealed pulanda sealed with the seal of RS containing fake currency notes and one motorcycle bearing registration No. DL8S AA4508 along with its seizure memo recovered from accused Yogesh. PW11 interrogated accused Yogesh (correctly identified) and recorded his disclosure statement vide Ex. PW7/C. During interrogation, accused Yogesh disclosed the name of his associate as Deepak r/o RZ141, Indira Park, Uttam Nagar, Delhi who was involved with FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 18 of 37 him in the commission of offene. Accused Yogesh was arrested vide arrest memo Ex. PW11/B and his personal search was conducted vide memo Ex. PW11/C. On 25.08.2007, at about 9.00 am, accused Yogesh was taken out from the police lockup and interrogated. Accused Yogesh led PW11 and Ct. Rajender to Uttam Nagar for the arrest of accused Deepak. Accused Deepak met the police party on the third floor of the aforesaid house. Accused Yogesh identified accused Deepak as the person who used to print the fake currency notes and handed over him for supply in the market. In the said room, a computer, CPU, Monitor, one iron scale, one cutter, five fake currency notes in the denomination of Rs. 100/ and 14 half printed currency notes of Rs. 100/ each were found lying on a table. The said 14 currency notes of Rs. 100/ denomination were given serial No. 1 to 14. All the currency notes were kept in a pullanda and sealed with the seal of DCS.
14. PW11 further deposed that one CD make Moserbeer Compact Disc was also recovered from the table about which accused Deepak disclosed that the said CD was having programme of Rs. 100/ currency note and same was used to prepare fake currency notes. The said CD was kept in a sealed FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 19 of 37 pullanda and sealed with the seal of DCS. One monitor, CPU, keyboard, mouse and connected lead were sealed with the seal of DCS. All the aforesaid articles were seized vide seizure memo Ex. PW1/A. Regarding scanner and printer, accused Deepak disclosed that he had sent the same for repair. The landlady of said premises also came there during the proceedings and she put her signatures on the recovery memo of aforesaid articles. PW11 recorded her statement u/s 161 Cr.PC in this regard. Accused Deepak was interrogated and PW11 mentioned the interrogation of accused Deepak in the memo Ex. PW1/A. Accused Deepak was arrested vide memo Ex. PW11/D and his personal search memo Ex. PW11/E was also prepared. Both the accused and recovered articles were brought to PS Saraswati Vihar. PW11 made search for recovery of scanner and printer which was with their third associate Ahmad Hasan but the same could not be recovered due to nonavailability of his address. On 26.8.2007, both the accused were sent to J/C by concerned court. The sealed pulandas along with other recovered articles were sent to FSL, Rohini for expert opinion. The FSL office only took the sealed pullandas containing fake currency notes and returned back other articles. After receipt FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 20 of 37 of FSL result, PW11 again sent the computer, CPU and CD etc. to FSL Rohini and got deposited the same for opinion. PW11 identified the motorcycle bearing No. DL8SAA 4508 make pulsar as Ex. PX; one CD with cover Ex. PW11/A2; 14 pages having some printed and unprinted currency notes in the denomination of Rs. 100/ each as Ex. PW11/A3 (colly) and 60 fake currency notes in the denomination of Rs. 100/ each, out of which PW11 identified currency notes bearing No. JCD 977732 (three notes with same number), JKB 549302, 2HL 842213 also of the 100/ rupee denomination recovered from accused Deepak from his residence as Ex. PW11/A1. PW11 also identified the computer with the Mark of Micro Scan, one CPU, one keyboard, mouse and leads as Ex.PW11/4 (colly.) and one iron scale and one cutter as Ex. PW11/5 (colly.). PW11 also identified accused Deepak who was arrested by him in this case. After completion of investigation, he prepared challan and got filed the same in the concerned Court.
15. PW12 HC Rajinder Singh deposed that on 24.08.2007, he joined the investigation of this case with SI Ram Avtar and HC Mahender along with other staff. On receipt of secret information regarding coming of one person at Netaji Subhash Place Complex, FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 21 of 37 Pitampura at about 6:55 pm who used to supply fake currency notes. A raiding party was formed and police team reached at Netaji Subhash Place. IO requested 56 passersby to join the raiding party but none agreed. The police vehicle was parked at some distance. A boy came on motorcycle make Pulsar and stopped the motorcycle in front of PP Jewellers. He was nabbed by police team at the instance of informer. During his search, a bundle of currency notes in the denomination of Rs. 100/ was recovered from the right pocket of his pant. On counting, the currency notes were 55 in numbers. On interrogation, he disclosed that he came there to deliver the said currency notes to one of his associate namely Ahmed. During further interrogation, the said boy disclosed that his other associate namely Deepak used to print these notes in the area of Indira Park, Uttam Nagar, Delhi. On checking the currency notes, same were found having three series, 19 currency notes of serial No. DHL 842213, 17 currency notes were having series of JCD 977732 and 19 currency notes were having series of JKB 949302. Three sealed pulandas were prepared of the said currency notes and seal of RS was affixed on each pulanda. The motorcycle No. DL 8SAA (other digits he could FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 22 of 37 not recall) on which said boy came, was seized vide memo Ex. PW7/B. The seal after use was handed over to PW12. The currency notes were seized vide seizure memo Ex. PW7/A. Rukka was prepared by IO and FIR was got registered through PW12. SI Dayachand accompanied PW12 to the spot from PS to conduct further investigation of this case. SI Ram Avtar handed over all the documents prepared by him as well as pulandas and the motorcycle to SI Dayachand. The custody of said boy was also handed over to him.
16. PW12 further deposed that SI Dayachand interrogated said boy whose name revealed as Yogesh. He was arrested vide arrest memo Ex.PW11/B and his personal search memo Ex. PW11/C was also prepared. Accused made his disclosure statement Ex. PW7/B. Accused Yogesh was brought to PS Saraswati Vihar. On 25.08.2007, PW12 again joined investigation with SI Dayachand. Accused Yogesh was taken out from police lock up and police team went to H. No. RZ141, Indira Park, East rd Uttam Nagar on the 3 Floor where his associate Deepak met them. He was found sitting on a chair and was doing some work on computer. On the table, five currency notes of Rs. 100/ FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 23 of 37 denomination were found. 14 halfprinted currency notes were also found there along with one iron scale and one cutter. On checking, the said currency notes were also found to be fake. The currency notes found in the possession of accused Deepak were matching with the currency notes already recovered from accused Yogesh. Two sealed pullandas of currency notes were prepared seized vide seizure memo Ex. PW1/A. One CD used for printing fake currency notes, one monitor, CPU, keyboard, mouse and connected leads were also seized vide seizure memo Ex. PW1/A. The landlady of said premises namely Shama Mohindru also reached there and her statement was recorded by the IO. Accused Deepak was also arrested vide memo Ex.PW11/D and his personal search memo Ex. PW11/E was also prepared. Accused Deepak made his disclosure statement. He was also brought to PS Saraswati Vihar. PW12 identified the motorcycle Ex.PX.; one CD in green colour plastic cover Ex. PW11/A2, 14 pages having printed and unprinted currency notes in the denomination of Rs.100/ each as Ex.PW11/A3 (colly) and 60 fake currency notes in the denomination of Rs.100/ as Ex. PW11/A1. PW12 also identified one computer mark of Microscan, one CPU, one keyboard, mouse FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 24 of 37 and leads as Ex.PW11/4 (colly); one iron scale and one cutter as Ex.PW11/5 (colly). In response to leading question, PW12 deposed that registration number of motorcycle was DL 8SAA 4508.
17. During crossexamination by the Ld. APP for the State, PW1, the landlady of the house, denied the suggestion that she stated to the police in her statement that she rented out the room to Deepak @ Amit who had kept the computer articles on a table in the room. PW1 further denied that in her presence, police seized computer, monitor, CPU, keyboard, mouse, connected leads, CD, some papers not fully printed and five fake currency notes of denomination of Rs. 100/ lying on the table in the room of accused Deepak. During crossexamination by the Ld. Counsel for the accused, PW1 categorically deposed that she was made to sign on blank papers by the police officials. PW1 further deposed in her crossexamination that there was no computer table, computer and computer parts in the rented room. During examination in chief, PW6 deposed that it is not possible to ascertain that the same CD was used to prepare the recovered notes. In crossexamination, PW6 deposed that he has not mentioned in his report Ex. PW6/E FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 25 of 37 that both the parcels were received in sealed condition. During crossexamination, PW7 deposed that he cannot tell the number of the private vehicles in which police team reached at the house of accused Yogesh during raid. PW7 further deposed that he was not aware whether IO had shown departure and arrival entry of both the vehicles in the Rojnamcha. PW7 also deposed in cross examination that he was not in the raiding team who arrested accused Monu and he came to know about the involvement of Monu in the present case during conversation with SI Ram Avtar. PW7 further deposed that place where the accused was arrested was a congested place. PW7 also deposed that he was positioned at the right side of PP Jewellers and some public persons were also requested to join the raiding party near PP Jewellers. PW7 could not recall who had brought the motorcycle to PS. PW7 further deposed that IO had not shown the direction of accused by which he had come to the spot. The seal after use was handed over to PW7 but he could not recall if he had stated this fact in his statement u/s 161 Cr.P.C. PW7 also deposed in crossexamination that there was no place to hide in particular but they had hidden themselves since it was dark at that time. PW7 further deposed FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 26 of 37 that many public persons had collected at the spot but they had declined to join the proceedings. PW7 also deposed that they had come back to PS at about 9:30 pm. PW7 further deposed in his crossexamination that statement of maruti car driver was not recorded by the IO in his presence. PW7 also deposed that some of them in the raiding party were in civil dress while the other members were in uniform but he could not recall who were in civil dress and who were in police uniform. In crossexamination, PW8 could not tell the time when sealed pullandas as well as personal search articles were deposited in the Malkhana.
18. During crossexamination, PW9 deposed that he remained at the spot till about 11 pm and left the spot at 11 pm but SI Daya Nand was busy in investigating the matter at the spot. PW9 further deposed that he had not deposited the case property in his name in the Malkhana. PW9 also deposed that seal of RS did not belong to him and it belonged to some other police official whose name he could not recollect. PW9 further deposed that he was not having his seal with him at that time. PW9 again said that seal of RS belonged to him as he has two seals by the impressions of RA and RS. PW9 deposed that he had not mentioned the fact of FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 27 of 37 handing over his seal to Ct. Rajender. PW9 could not recollect whether the site plan was disclosing the direction from where accused Yogesh reached the spot. PW9 also could not tell the exact position taken by police officers near PP Jewellers. PW9 also could not recall the number of the cars in which the raiding party had gone to the spot but deposed that the cars belonged to some staff members but he could not recall of the names of staff. PW9 further deposed that spot where the accused was arrested is a congested place. PW9 could not recall if he had made request to any of the shopkeepers to join the proceedings. PW9 also deposed that the place is a commercial place and there are shops around the spot. PW9 had not given the information regarding the arrest of accused to any of his family members or friends. PW9 could not recall whether accused Yogesh was arrested in his presence or not and at what time he returned back to his office. PW9 also could not recollect whether he had mentioned in the Rojnamcha regarding apprehension of accused Yogesh by him. He also could not tell the number of said DD. PW9 further deposed in his crossexamination that he gave information regarding apprehension and recovery of fake currency notes from accused FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 28 of 37 Yogesh to his senior officers orally. PW9 could not tell who was driving the maruti cars. PW9 further deposed that he did not notice any genuine currency notes from the accused Yogesh and he did not take personal search of accused Yogesh.
19. During crossexamination, PW11 deposed that he had not taken any step to visit the house of accused Deepak for the purpose of effecting recovery nor he had deputed any person for the said purpose. PW11 further deposed that he had not sealed the computer including monitor, keyboard, mouse and leads. PW11 admitted the suggestion that no printer or scanner were recovered from the possession of accused. PW11 could not recall whether I had prepared the site plan of the place of recovery and after going through the judicial file, PW11 stated that he had not prepared the site plan of the place of recovery. PW11 further deposed that time of arrest of accused Yogesh has been mentioned as 11 pm in arrest memo. PW11 also deposed that he along with accused left the spot at about 11:15 pm and reached the PS at about 11:30 pm. PW11 deposed that there was no police vehicle at the spot but again said that he does not remember the same. PW11 further deposed that he personally had not requested FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 29 of 37 the public persons to join them. During crossexamination, PW12 could not recall if any recovery of currency notes was made from Monu or not. PW12 also could not recall the position taken by each of the police officials at the time of apprehension of accused Yogesh. PW12 further deposed that private vehicle was driven by SI but he could not recall who was driving the another vehicle. PW12 deposed that place of apprehension of accused Yogesh is a congested place and the direction from which accused Yogesh came at the spot, was not shown in the site plan. PW12 further deposed that SI Ram Avtar had used only one seal. PW12 could not recall who had brought the motorcycle to PS Saraswati Vihar. PW12 also deposed that accused Yogesh was taken out from police look up at about 9 am on 25082007 but he was not aware whether any DD entry was made in this regard. PW12 further deposed that they had gone to the house of accused Deepak in police gypsy but he could not recall the registration number of said Gypsy as well as name of driver. PW12 also deposed in his cross examination that printer/ scanner were not recovered from said room.
20. It is not a case where the accused Yogesh was FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 30 of 37 apprehended by chance. If the prosecution story is to be believed, police had advance information regarding the presence of the accused Yogesh at a particular place. Thus, police had sufficient time and opportunity to join independent persons in the raiding party. PW7 HC Mahender Singh deposed in his examination in chief that SI Ram Avtar asked 45 persons to join the raiding party after disclosing them about the secret information but they all refused and went away without disclosing their names and addresses. PW9 & PW12 also deposed in their examination in chief that they requested 56 passersby to join the raiding party but none agreed. During crossexamination, PW7 deposed that many public persons had collected at the spot but they had declined to join the proceedings. Even PW9 also stated that spot is a commercial place and there are shops around the spot. It is strange that no names and addresses of the public persons refusing to join the raiding party as well as at the spot were noted down by SI Ram Avtar and even otherwise, no notice was issued to them in this regard. PW9 in his crossexamination, also admitted that the spot where the accused was arrested is a congested place and he could not tell if he had made request to any of the FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 31 of 37 shopkeepers to join the proceedings. Further, PW11 also admitted in his crossexamination that he personally had not requested the public persons to join them. Even PW2 also admitted that place of apprehension of accused Yogesh is a congested place. In this context, I would place a reliance upon the judgement reported in the case of State of Rajasthan Vs. Teja Singh 2001 (II) AD (SC) 125, the Hon'ble Supreme Court held that the failure of the prosecution to examine independent witnesses though available is fatal for their case. In the case titled State of Punjab Vs. Gurdyal Singh 1992 (1) RCR (DB) 646, Roop Chand Vs. State of Haryana 1989 (2) RCR 504 and State of Punjab Vs. Sukhdev Singh 1992 (3) RCR 311, it was held by the Hon'ble Court that where the IO has failed to even note down the names and addresses of the persons, who have refused to join as public witnesses, coupled with the fact that no action was taken against them, the case is rendered doubtful.
21. The witnesses to the recovery memo of fake 55 currency notes Ex. PW7/A, recovery memo of motorcycle Ex. PW7/B, disclosure statement of accused Yogesh Ex. PW7/C, arrest memo of accused Yogesh Ex. PW11/B, arrest memo of accused FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 32 of 37 Deepak Ex. PW11/D and personal search of accused Deepak as Ex. PW11/E are police officials and no public witness was joined in the said recovery and arrest. The police officials are only interested in the success of their story and therefore the testimonies of police officials cannot be believed without corroboration. In my considered opinion, statutory desirability in the matter of search and seizure is that there should be support from unbiased and neutral corner. The search before an independent witness imparts much more authenticity and credit worthiness to the search and seizure proceedings. Such safeguard is intended to avoid criticism of arbitrary and highhanded action against police officers. This is to lend credibility to the procedure relating to search and seizure. In the case of Nanak Chand Vs. State of Delhi 1991 JCC 1, in a case under Section 25 Arms Act, the Hon'ble High Court held that the recovery is proved by three police officials who have differed on who snatched the Kirpan from the petitioner and at what time. 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 FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 33 of 37 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. In Staila Sayyed Vs. State 2008 (4) JCC 2840, it was held that there was nonjoining of public witness at the time of arrest of accused and recoveries. All the witnesses to the recoveries were police officials. Such recoveries do not inspire confidence. Therefore, in the present case, major contradictions have been found in the testimony of PWs and further no public witness was joined during investigation. It seriously reflects upon the veracity of the prosecution version and creates a good deal of doubt for the prosecution case.
22. It is reflected from the evidence discussed above that PW1, who is the independent witness, has not supported the case of the Prosecution and categorically denied that she rented the room to the accused Deepak and even the computer, monitor, CPU, keyboard, mouse, connected leads, CDs etc. were seized by the police in her presence. PW1 has also not supported the case of Prosecution that there was computer table, computer, and computer parts in the rented room. Even PW6 also stated that it is FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 34 of 37 not possible to ascertain that same CD was used to prepare the recovered notes. Further, PW6 stated in his crossexamination that he has not mentioned in his report Ex. PW6/E that the parcels were received in sealed condition. PW7 could not recall the number of vehicles used by police team. PW7 further could not recall as to who brought the motorcycle to the PS. IO had not shown the direction of the accused in the site plan as to from which side he came at the spot. PW8 also did not tell the time when sealed pullandas as well as personal search articles were deposited in the Malkhana. PW9 was also not confirmed as to the seal of RS belonged to him. Even PW9 did not mention the fact of handing over his seal to Ct. Rajender. PW9 was neither in a position to tell about the direction in the site plan from where the accused Yogesh reached the spot nor the exact position taken by the police officers near PP Jewellers. PW9 further could not tell the numbers of the cars in which raiding party had gone to the spot and even could not recall the names of the staff. PW9 also did not recall if he had given information regarding arrest of the accused to his family members or friends and even he could not tell if he had mentioned in the Rojnamcha regarding apprehension of accused Yogesh by FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 35 of 37 him. Further, PW9 could not tell the number of the DD. PW11 admitted that he had not sealed the computer including monitor, keyboard, mouse and leads. Even PW11 admitted in his cross examination that no printer or scanner were recovered from the possession of the accused. Neither any investigation had taken place nor any document filed or proved on record regarding repair of the scanner and printer by Ahmad. Even otherwise, the scanner and printer have not been recovered. There are no public witnesses to the recovery of fake 55 currency notes, motorcycle, disclosure statement of accused Yogesh, arrest memos of accused Yogesh and Deepak and personal search of accused Deepak. It is also found that there are also major contradictions in the testimonies of PWs. In Vikramjit Singh @ Vicky Vs. State of Punjab, 2007 (1) CC Cases (SC) 35, it was held by the Hon'ble Supreme Court that where two views of a story appeared to be probable, the one that was contended by the accused should be accepted. In Sadhu Singh Vs. State of Punjab, 1997 (3) Crimes 55, the Hon'ble Punjab & Haryana High Court held that in a criminal trial, it is for the prosecution to establish its case beyond all reasonable doubts. It is for the prosecution to travel the entire FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 36 of 37 distance from may have to must have. If the prosecution appears to be improbably or lacks 'credibility', benefits of doubt necessarily has to go to accused. The aforesaid judgement relied upon by the Ld. APP for the State is not applicable to the facts and circumstances of the present case.
23. In view of my aforesaid discussion, I am of the considered opinion that Prosecution has failed to prove its case against accused beyond reasonable doubt, the benefit of which goes to the accused. Accordingly, both accused are acquitted. Their bail bonds are cancelled and sureties are discharged. Documents of sureties, if any, be released after cancellation of endorsement. File be consigned to Record Room.
(YASHWANT KUMAR) ADDL.SESSIONS JUDGE:NW03:ROHINI:DELHI.
ANNOUNCED IN THE OPEN COURT on 17102012 FIR No. 913/07; State Vs. Yogesh Kumar & Anr. Page 37 of 37