Delhi District Court
State vs . Jagmohan @ Mohan @ Rohit on 25 April, 2013
State Vs. Jagmohan @ Mohan @ Rohit
SC No. 89/11
FIR No. 08/11
PS: Crime Branch
IN THE COURT OF SHRI VIJAY KUMAR DAHIYA
ADDL. SESSIONS JUDGE : DWARKA COURTS:
NEW DELHI
In the matter of :
SC No. : 89/11
FIR No. : 08/11
Police Station : Crime Branch
Under Section : 489 A/489B/489 C/489D IPC
Received on assignment : 21.04.2011
Reserved for orders on : 11.04.2013
Judgment announced on : 25.04.2013
State Vs. Jagmohan @ Mohan @ Rohit
S/o Sh. Baldev Raj
R/o H.No.B36, Nanhe Park
Uttam Nagar, Delhi
J U D G E M E N T
1. Brief facts of the case are that on 13012011, SI Anil Malik along with the staff was present in the office of SIT, Crime Branch, Rohini, Sector 18, New Delhi and at about 3.15 pm, a secret informer arrived in the office of SIT and informed SI Anil Malik that "one person Jagmohan around 40 years old residing in Nanhey Nagar, Uttam Nagar, Delhi was supplying counterfeit currency notes of denomination of Rs.100/. He gave the thrice the amount of counterfeit currency in exchange of original SC No.89/11 Page 1 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch currency. The code word "Piece" could be used to purchase the counterfeit currency from him and huge amount of counterfeit currency could be recovered from his possession. It is further alleged that said person will arrive in the evening at about 6.30 pm, near Metro Station, Sector 14, Dwarka, Delhi to deliver the counterfeit currency consignment to someone and if raided, could be caught red handed with forged currency notes. After satisfaction, SI Anil Malik along with informer went to the office of ACP/SIT and the information was conveyed to Shri V.K.Dham,ACP/SIT. It is further alleged that SI Anil Malik was directed to take necessary action after the information was found reliable. The secret information was lodged vide DD No. 12 at 4 pm in the Daily Dairy of SIT, Crime Branch and SI Anil Malik constituted a raiding party with staff and proceed vide DD No.13 at 4.40 pm in a govt. vehicle Toyota Qualis bearing No.DL6CJ0516 driven by HC Veerpal No.419/DRP to the spot, via Madhuban Chowk, Piragarhi, Janakpuri, Dabri More, Dwarka Sector 6, Dwarka Sector 14. It is further alleged that SI Anil Malik also took one laptop with its accessories along with printer and IO bag in the vehicle and at 5.30 pm, the team reached in front of Om Apartments, DDA Society, Sector 14, Dwarka, Delhi and SI Anil Malik requested five public persons to join the raiding party after conveying them the facts but none of SC No.89/11 Page 2 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch them was ready to join the police party and went their way after expressing their reasonable causes and without disclosing their identities. All the police party was in civil clothes and without wasting the time, SI Anil Malik appointed HC Shiv Kumar, who was in raiding party as a decoy customer, his personal search was conducted and his belongings namely purse, ID card and money was handed over to HC Ghanshyam, who was member of raiding party and memo of search of HC was prepared by SI Anil Malik. It is further alleged that a currency note worth denomination five hundred bearing no.1AF 952110 was handed over to HC, the note was signed by SI Anil Malik. It is further alleged that for handing over the said note, the original currency memo was prepared and he was directed to deal for the counterfeit currency notes from that person whom the informer will identify using the code "Piece" and after purchasing the counterfeit currency notes against the original currency notes worth amount Rs.1500/ handover to the person whom the informer identifies. Thereafter HC was directed to give the signal by waving his hand over his head. HC Narender Dabas was appointed as a shadow witness and he was directed to hear the conversation between HC Shiv Kumar and, if needed, will also help the HC Shiv Kumar.
2. It is further alleged that both the HCs were sent near SC No.89/11 Page 3 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch Gate no.2 Metro Station East Side immediately along with secret informer and the rest of the staff was directed that they will follow up the signal of HC Shiv kumar and apprehend the person selling the counterfeit currency notes and driver was directed to park the govt. vehicle behind Kautilya Apartments and SI Anil Malik further proceed near Metro Station, Sector 14 along with the accompanying staff and took position around the station. It is further alleged that at 6.35 PM, one person wearing striped Gersy was seen coming on foot from Kautilya Apartment, Sector 14 side towards the Gate no.2, Sec.14, Dwarka Metro Station who was identified by the secret informer and the informer immediately left the spot and at 6.50 pm, HC Shiv Kumar gave the signal waving his hand on his head, 'the signal' earlier decided, thereafter, SI Anil Malik with the help of accompanying staff apprehended the person, whose name came to be known after his apprehension as Jagmohan @ Mohan @ Rohit S/o Baldev Raj R/o H.No.B36, Nanhey Nagar, Uttam Nagar, Delhi. It is further alleged that HC Shiv Kumar handed over 15 currency notes worth denomination Rupees 100/ each and he told that the he has purchased these 15 notes from Jagmohan @ Mohan @ Rohit against the 500 hundred rupee given to him, these currency notes he has checked thoroughly and the paper of these notes was weaker and rough SC No.89/11 Page 4 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch than the original currency notes, the serial number printed on these notes was not identical in size than the original one, the water mark of Mahatma Gandhi was also note identical and the RBI leap printing on the security thread was not clear. The serial number of these currency notes were found as 7NE 087156 x 2, 7NE 085671 X 2,7NE 407968 X 2, JNE 405867 X 1, 7NE 406879 X 2, 7NE458670 X 2, JNE 405678 X 1, JNE 405876 X 1, JNE 406875 X 1, JNE 085674 X 1.
3. It is further alleged that a separate list of recovered currency notes was prepared and these counterfeit currency notes were packed in transparent polythene and kept in a transparent Plastic Jar and the Jar was packed with the help of doctor tape and sealed with the seal of AKM and the pullanda sealed was entrusted into police custody by a seizure memo and Ct. Pawan Kumar was sent to bring the Govt. Vehicle on the spot. It is further alleged that SI Anil Malik intercepted four public persons coming from the Metro Station and conveyed them the facts and asked them to join the police work but none of them were ready and went away after expressing their justified reasons and SI Anil Malik conveyed the information to Jagmohan @ Mohan @ Rohit that the police was having information that he had been possessed with huge amount of SC No.89/11 Page 5 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch counterfeit currency and his search had to be taken. He was asked to take search of the police party and the Govt. vehicle if he wanted to, but he refused after telling that he had been caught by police and he did not want to take search of the police party and Govt. vehicle. SI Anil Malik conducted the search of Jagmohan @ Mohan @ Rohit and on his search, from the left pocket of his shirt one original currency note of rupee 500 was recovered, which was handed over to HC Shiv Kumar by SI Anil Malik, the note was the same bearing signature of SI Anil Malik. The recovered note of Rs.500/ was kept in a paper envelope and thereafter, envelop was sealed with the seal of AKM and entrusted to police custody by the virtue of seizure memo. Thereafter, on further search of his right side chest pocket of his red colour shirt was conducted and 8 currency notes of denomination of Rs.100/ were found and the same were also counterfeit currency notes, which were checked thoroughly and the paper of these notes was weaker and rough than the original currency notes, the serial number printed on these notes were not identical in size than the original one, the water mark of Mahatma Gandhi was also not identical and the RBI leap printing on the security thread was not clear. On view and touch they are found counterfeit currency. The recovered 8 currency notes were bearing Sr.No.JNE 406875, 7NE 458670, 7NE SC No.89/11 Page 6 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch 085671, JNE 085674, JNE 485670, 7NE 457086, 7NE 457086, 7NE 457086 and a separate list of these 8 currency notes was prepared.
4. It is further alleged that Jagmohan @ Mohan @ Rohit was interrogated by SI Anil Malik and he was asked regarding the source of the recovered currency note, which he had sold to HC Shiv Kumar and recovered from his pocket and Jagmohan @ Mohan @ Rohit disclosed that he along with his associate prepared these counterfeit currency notes at his home i.e. H.No.B36, Nanhey Park, Uttam Nagar, Delhi and he has maintained the entire setup to prepare the counterfeit currency notes, thereafter, SI Anil Malik immediately along with the accompanying team and Jagmohan @ Mohan @ Rohit left from the spot to the house of Jagmohan @ Mohan @ Rohit at 7.55 pm, the house was got opened at the instruction of Jagmohan @ Mohan @ Rohit and IO requested 4/5 persons nearby to his house were requested to join the investigation but all of them declined stating that they did not want to engage themselves in the police work and did not want to give any evidence against criminals. It is further alleged that the house was three storied measuring 30 yards having one bedroom at the ground floor with a toilet and open kitchen and it had got again one room, SC No.89/11 Page 7 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch one kitchen and toilet on the first floor and the second floor had only one room with the toilet. Thereafter, Jagmohan @ Mohan @ Rohit led the police party to the second floor and from a long console table on which a computer was kept along with printer and other equipments, used for scanning, printing and cutting were also placed over that Long Console Table, he took out one cardboard carton bearing logo of Premier Excellent clothes brownish in color from the drawer; and the carton was checked and it was found that the same was containing three bundles of 100 rupee currency notes. It is further alleged that these currency notes were checked thoroughly and the paper of these notes was weaker and rough than the original currency notes, the serial number printed on these notes were not identical in size as compared to the original one, the water mark of Mahatma Gandhi was also not identical and the RBI leap printing on the security thread was not clear and, on view and touch, they were found counterfeit currency.
5. It is further alleged that these bundles were marked Sr.No.D,E,F and the bundle of counterfeit currency notes of Sr.No.D contained 65 counterfeit currency notes of denomination of rupee 100 and all these notes were bearing same series 7NE 087156 printed on the notes, thereafter, bundle SC No.89/11 Page 8 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch of counterfeit currency note of Sr.No.E found containing 64 counterfeit currency notes of worth denomination rupee 100 and all these notes were bearing same series 7NE 407968 printed on the notes, thereafter, bundle of counterfeit currency notes of Sr.No.F found containing 63 counterfeit currency notes of worth denomination rupee 100 and all these notes were bearing same series 7NE 457086 printed on the notes. Thereafter, these notes were packed in transparent polythene separately and kept in three different plastic jars respectively. These jars were marked as D,E & F accordingly and a separate list of each bundle bearing the serial numbers on the notes were prepared and all the three pulandas D,E & F were entrusted to police custody by the virtue of seizure memo. Thereafter, the search of the long console table was conducted and from there, 4 bundles of counterfeit currency sheets were recovered which had images of worth denomination 100 rupee each and these sheets were having the three images of rupee 100 note of both side, these images bears the watermark of Gandhi and the imprint of glowing security thread also and each sheet contained three images of rupees 100 note of them. These four bundles were marked G,H,I & J. On further scrutiny of the bundle G, the sheets were counted and found 72 sheets and each sheet bears Sr.No.JNE 405867, JNE 405876, JNE 405678. The total images on these sheets were SC No.89/11 Page 9 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch found containing 72 x 3 =216 sheets and serial number assigned to each of the sheets was from Sr.No.1 to 72. Bundle H, the sheets were counted and found 67 sheets. Each sheet bears Sr.No.JNE 085671, JNE 406879, JNE 458670. The total images on these sheets were found 67 X 3 =201 and serial number assigned to each of the sheets was from Sr. No.73 to 139 and bundle 1, the sheets were counted and found containing 71 sheets having each sheet bears Sr.No. JNE 085674, JNE 406875, JNE 485670 and the total images on these sheets were found 71 X 3=213 and serial number assigned to each of these sheets was from Sr.No. 140 to 210 and in bundle J, the sheets were counted and found containing 63 sheets and each sheet bears Sr.No.JNE 085671, JNE 406879, JNE 406879, JNE 458670. The total images on these sheets were found 63 X 3= 189 and serial number assigned to each of the sheets was from Sr.No.211 to 273 and total numbers of sheets are 273 and the total images are 273 X 3=819. A separate list of each bundle's bearing the serial and numbers of them were prepared and all the three pulandas G,H,I & J were entrusted to police custody by the virtue of seizure memo. Thereafter from further search of the console table, following articles were recovered:
1. One cardboard box containing six color bottles of formujet SC No.89/11 Page 10 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch inkjet IEC 230 containing ink, 1 light magenta color, 1 magenta color, 1 cyan color, 1 light cyan color, 1 yellow color, 1 black color. The box contains six disposable plastic syringes without needles.
2. One monitors black color of Dell Company having Sr.No. CN011FKD4780315EB9D6, Model No.E771T attached with power cord and DT cord.
3. One CPU black color make FRONTECH, LIBRA bearing No.Sr.No.one hard disk make DSKSTA 160 GB SR.NO.Z22UB M, made in China, Model HDS721616PLA380 has been detached from the CPU and kept separately in a paper envelope. The envelope is sealed with the seal of AKM.
4. One keyboard made Quantum with cord black Color.
5. One mouse made Quantum with cord black color.
6. One extension cord of four plug make Skill.
7. One printer HP PSC 1410 all in one, printer, scanner, copier, Model No.Q7Q88A, S.No.CN546V605R, product of China with adaptor and power cable and one USB cable.
8. One printer of Epson Style R 230X with cartridges of ink in six different colors attached with the cord, Model B261A, S.No.LVKK128721. The printer is attached with power cable, one USB cable.
9. One Wooden Dye affixed with one printing clothe SC No.89/11 Page 11 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch imprinted with Gandhi Watermark and RBI security thread on Red Color Photo film. The same dye has been used.
10. One iron dibba white color of make Apex.
11. One Iron Dibba Silver color of make LEO inks.
12. Three plastic bottles, one of them containing Hydrogen Peroxide and other two containing with chemicals.
13. One loose packet of cotton bundle.
14. One used cloth piece with different color.
15. One small piece of rubber smudged with gray paint.
16. One Pen Drive make Kingston (4 GB) black & blue color.
17. One hard disk Seagate (30GB), Sr.No. 7EF22DXS.
18. One original RC card of a vehicle in original.
19. One ICICI Bank Visa Card No.4731966301018933 in the name of Harish Chander.
20. One piece of Red Color Photo Film.
21. Lots of scrap pieces of photo papers.
22. One cardboard containing paper cutting machine mark Harison.
23. One paper cutter.
24. One long nose scissor.
25. One screw driver.
6. It is further alleged that item number at Sr.No.10 to SC No.89/11 Page 12 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch 15,23,24,25 were packed in a brown color carton box and sealed with the seal of AKM. Similarly, the keyboard,extension cord and all the power cords and USB cables of computer accessories which were detached and kept in a carton box separately after affixing tape and serial number on them. All the articles mentioned in the table were taken in police custody by the virtue of seizure memo. The seal after use was handed over to HC Ghanshyam No.44/Cr.
7. It is further alleged that Jagmohan @ Mohan @ Rohit mentioned above has indulged in trafficking, sale of Indian counterfeit currency note, printing, possessed with the instruments & tools to counterfeit the Indian currency notes worth denomination rupee 100, thereby he had committed commission of offence u/s 489 A, 489 B, 489 C and 489 D IPC and rukka was sent. Therefore, site plan was prepared and SI Anil Malik handed over the accused Jagmohan Singh @ Mohan @ Rohit to ASI Jagdish having told him regarding the recoveries affected from accused. After this HC Sanjay No.443/Cr came at the premises with the copy of FIR and the original rukka, thereafter, ASI Jagdish Pd. No.1096/Cr. went to the spot along with SI Anil Malik and prepared the site plan. Thereafter the accused was arrested as there was sufficient evidence for SC No.89/11 Page 13 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch affecting his arrest and personal search memo of the accused was prepared, thereafter, the room at 2nd floor, B36, Nanhey Park, Uttam Nagar, Delhi was photographed and 10 photographs were taken. Print outs of photographs were taken through printer and photographs have been placed on record alongwith chargesheet. It is further alleged that the accused disclosed regarding his involvement in the crime which was recorded by way of his disclosure statement and in his disclosure statement he stated that he was born and brought up in Muzaffar Nagar, UP and he has one brother and one sister in his family. His family was not well to do and he was also quite poor in studies. Accused has further stated that he is only 8th class pass, thereafter, he dropped his studies and he started doing job to earn his livelihood. He started the job work of a welder with the contractor in Muzaffar Nagar, UP and he was not paid well so he shifted to Delhi and started the same job of a welder and somehow managed to meet out his expenses but as he could not earn much, he thought to earn by illegal means which would make him rich overnight and initially, he started lifting vehicles and he was booked in various cases but during his custody in jail he got friendly with some inmates who taught him to print counterfeit currency notes and then he will run them in market and get rich. He knew one of his inmate SC No.89/11 Page 14 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch namely Tajender Singh who taught him how they can counterfeit Indian currency notes by computer devices and for preparing counterfeit currency note he purchased computer, printers, inks and other related tools and equipments which would have been facilitated him for generating fake currency. Accused has further disclosed that around 10 days back, he generated around 1.5 lacs counterfeit notes and he sold them in the market for 1/3 of the genuine notes i.e. for a 500 rupee note and he used to exchange three times i.e. 1500 rupees counterfeit currency notes. Accused has further stated that he had also planned that 100 rupee counterfeit currency note can easily be disposed for use as people would hardly care to look for genuineness in a 100 rupee note as most of the merchants and shopkeepers generally check 500 or 1000 rupee currency notes. He had already supplied around Rupees 20 lacs counterfeit currency notes in the market. He had also disclosed that he could lead the police party to the merchants and shopkeepers from where he had purchased computer, printer and other tools and instruments which were used for generating counterfeit currency notes, thereafter, his wife, who was present in the house, was informed regarding his arrest and his involvement in the crime.
8. It is further alleged that ASI Jagdish endorsed the FIR SC No.89/11 Page 15 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch numbers in all the seizure memos and case property/ pulandas. Thereafter the entire case property was deposited by ASI Jagdish in PS Malkhana of Crime Branch and search of Tajender Singh, friend of accused was conducted in the area of Pooth Kalan & Pooth Khurd, Tilak Nagar and Kirti Nagar, Delhi but his whereabouts were not ascertained as he was not having any telephone number or any specific address was available with accused Jagmohan and accused Jagmohan told that Tajender Singh came at his house and he never visited his house, thereafter, the accused has been medically examined from the Doctor of B.S.A. Hospital, Rohini, Delhi. Thereafter the accused was produced in the trial court and 3 days police custody remand was granted. Thereafter the accused was brought to office Crime Branch, SIT, Sector 18, Rohini and he was put on sustained interrogation and during interrogation, accused informed that he had purchased printer and ink from two shops situated in Janakpuri District Centre and Uttam Nagar and he can identify the shops. Thereafter, statement of HC Shiv Kumar No.307/DRP, recorded.
9. It is further alleged that Mr.Harish Kandwal S/o Shri Shambhu Prashad R/o F89, DTC Colony, Hari Nagar, Delhi, computer shopkeeper in District Janak Puri, Delhi was joined in SC No.89/11 Page 16 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch the investigation and he stated that the accused Jagmohan came to his shop about 10 days before and purchased a printer made EPSON R230 PRINTER Ivkk 128721 and CISST11/111/R230 ink and ink tank at a total cost of Rs.9,800/ vide bill No.CW/R1/009021 dated 05.01.2011. He provided the copy of computer generated bill and the statement u/s 161 Cr.P.C. of Harish was recorded.
10. It is further alleged that thereafter, Shri Laxman S/o Shri Pharsa Ram R/o NewT, Rz47, PartII, Uttam Nagar, Delhi owner of a Studio Shop in the name of Deepak Studio at NewT, RZ47, PartII, Uttam Nagar, Delhi and he identified the accused Jagmohan in custody and stated that in the last week of month of December, 2010, when he was examining/overhauling his printer, the accused was passing from the street, then the accused Jagmohan asked if the printer is for sale, he told him that he had bought new one, as the same is not in working condition and Laxman sold the printer at the cost of Rs.500/ to accused Jagmohan. The statement of Laxman u/s 161 Cr.P.C. had been recorded.
11. It is further alleged that the accused had also disclosed that Deepak @ Muchhar, who was plying auto SC No.89/11 Page 17 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch rickshaw and was residing in his house as tenant about 2 years back, he was supplying him the counterfeit currency notes of Rs. 1000 per day for circulating, who was using this currency during night hours. He left his house about 1 ½ years back and at present he does not know his whereabout and thereafter he never met him.
12. It is further alleged that the computer was arranged by Tajender Singh and he was only made the payments whatever told by Tajender Singh, but he do not know from where Tajender Singh arranged that computer. Separate supplementary disclosure of Jagmohan @ Mohan @ Raju prepared and attached with the file. Chargesheet was filed in the trial court.
13. After supplying copies to the accused as per law, case was committed to the Court of Sessions.
14. After due deliberation, charge under Section 489 A/489B/489C/489D IPC was framed against the accused to which he pleaded not guilty and claimed trial.
15. Prosecution was called upon to adduce evidence to establish its case as per law. Prosecution has tendered 15 SC No.89/11 Page 18 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch witnesses in all in support of its case namely:
PW1 Harish Kandwal
PW2 Laxman
PW3 ASI Ashok Kumar
PW4 HC Shiv Kumar
PW5 HC Ghan Shyam
PW6 SI Anil Malik
PW7 HC Narender Dabas
PW8 HC Mohd. Abrar
PW9 ASI Jagdish Prasad
PW10 Eknath V Kankrej, Assistant Work Manager, Currency Note Press, Nasik Road, Maharashtra PW11 Inspector Jitender Singh PW12 HC Naresh Kumar PW13 V.Lakshmi Narsimhan, Senior Scientific Officer, FSL Rohini PW14 HC Jagnarain PW15 P.N.Ramakrishnan, Senior Scientific Officer, Central Forensic Science Laboratory, Ministry of Home Affairs, Hyderabad
16. On completion of prosecution evidence, statement of accused was recorded under Section 313 Cr.P.C. wherein he controverted the entire evidence as false and fabricated and claimed that he has been falsely implicated in this case by the SC No.89/11 Page 19 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch complainant.
17. It has been contended by State Counsel that accused was apprehended on the basis of secret information through a decoy customer and after his apprehension, fake currency notes were got recovered from his possession and thereafter on the basis of oral disclosure statement of the accused, the material/articles which were used by the accused for forging/counterfeiting fake currency notes was recovered and on the basis of the expert witnesses, it has been proved on record that the accused was involved in counterfeiting, selling and having instrument to forge fake currency notes. Therefore, the accused is liable to be convicted.
18. Per conta, Ld. Defence counsel has contended that the accused is falsely implicated in the present case by the police and no recovery has been affected at the instance of the accused persons as no public witness has joined while getting the recovery affected at the instance of the accused person. Otherwise, also the recovery has been affected from the oral disclosure statement which is inadmissible in evidence as admittedly the statement of the accused was reduced in writing on 14.01.2011 after getting the recovery effected from his house.
SC No.89/11 Page 20 of 55State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch Therefore, the accused deserved to be acquitted.
19. I have gone through the entire records and carefully considered the matter.
20. Before proceedings further, I would like to discuss the evidence led by the prosecution to prove the case.
21. PW1 is Harish Kandwal, who was running a computer shop at G6, Vishwa Sadan, District Centre, Janakpuri in the name and style of Care Well Computer and on 15.01.2011, IO of this case alongwith some other police officials came to his shop with one person and IO made enquiries from him and this witness had confirmed to the IO that Printer EPSON R230 having serial No.LVKK 128721 was sold by him to one person for Rs.9800/whom he cannot identify at this stage and he had given a copy of computer generated bill to the IO vide Ex. PW1/A.
22. PW2 is Laxman, who is running a studio shop in the name and style of Deepak Studio at New TRZ47, PartII, Uttam Nagar, New Delhi59 and on 15.01.2011, police had brought the accused Jagmohan @ Mohan @ Rohit on his shop and this SC No.89/11 Page 21 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch witness had told the police that in the last week of December 2010, he had sold the old printer to accused Jagmohan @Mohan @ Rohit for Rs. 500/, which he had purchased in the year 2008 and the warranty of that printer had already been lapsed so he had not given any bill to the accused Jagmohan @Mohan @ Rohit at the time of selling the same to the accused Jagmohan @Mohan @ Rohit and this witness has also identified the printer of hp model PSC 1410 Ex. E1 which he had sold to the accused Jagmohan @Mohan @ Rohit. During cross examination, this witness has deposed that IO had recorded his statement on 15.01.2011.
23. PW3 is ASI Ashok Kumar, who on 13.01.2011 was posted as HC at PS Crime Branch and on that day, he was working as Duty Officer from 8:00 pm to 8:00 am and on that night on receipt of rukka at about 1:05 am from HC Sanjay sent by SI Anil Malik, he had registered the FIR No.08/11 vide Ex. PW3/A and he had made his endorsement on the rukka vide Ex. PW3/B and recorded quamy DD No.15 in that regard and during cross examination, this witness deposed that he had handed over the original rukka and copy of FIR to HC Sanjay at about 2:45 am and copy of FIR sent to Area Magistrate through dak.
24. PW4 is HC Shiv Kumar, who on 13.01.2011 was SC No.89/11 Page 22 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch posted at SIT Section, Crime Branch, Sector18, Rohini and on that day at about 3:15 pm, SI Anil Malik received a secret information regarding dealing of fake currency notes by a person who was residing at Nanhe Park, Uttam Nagar and SI Anil Malik informed senior officers in that regard and secret informer told that said person used to give three fake currency notes for a genuine currency note. Thereafter, SI Anil Malik made an entry in that regard in the roznamcha and constituted a team comprising of PW4 Shiv Kumar, SI Anil Malik, ASI Rishi Ram, HC Narender Dabas, HC Sanjay, another HC Sanjay, HC Ghanshyam, HC Veer Pal, Const. Virender and Const. Const Pawan and at about 4:45 pm after making departure entery in DD register, police party left the office alongwith secret informer in two vehicles and reached Om Apartments, DDA Society, Sector14, Dwarka at about 5:30 pm and after reaching there, SI Anil Malik requested 45 public persons to join the raiding party but none joined them. Thereafter, police party went near Kautilya Apartment where SI Anil Malik briefed the police team and PW4 was deputed as a decoy customer and his belongings were removed from his possession vide memo Ex. PW4/A by SI Anil Malik and handed over the same to HC Ghanshyam and SI Anil Malik gave a currency note of Rs. 500 to PW4 vide handing over memo Ex. PW4/B. SC No.89/11 Page 23 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch
25. PW4 further deposed that secret informer told SI Anil Malik that said person would come at Metro Station, Dwarka Sector14 and he further told PW4 that he had to use work 'piece', if PW4 say so, that person would deal with PW4 and that person would give three times of value currency notes for a genuine currency notes of Rs. 500/. Thereafter, SI Anil Malik instructed PW4 that if deal is completed, he would give a signal by hurling his hand over his head and HC Narender Dabas and HC Ghanshyam would remain close to him and would try to hear the conversation and thereafter all the members of the police team took their suitable position and at about 6:35 pm at gage No.2, Metro Station, Sector14, secret informer pointed towards accused Jagmohan @Mohan @ Rohit who had come there and thereafter PW4 moved towards the accused Jagmohan @Mohan @ Rohit and HC Narender Dabas and HC Ghanshyam were around him and thereafter secret informer was relieved from there. Thereafter this witness deposed that he went to the accused Jagmohan @Mohan @ Rohit and asked him "kya haal hai bhai" and accused Jagmohan @Mohan @ Rohit asked PW4 as to from where he had come and who had sent him, thereafter, PW4 replied that he had come from Rohini and requiring "piece". Thereafter accused SC No.89/11 Page 24 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch Jagmohan @ Mohan @ Rohit asked PW4 as to how many pieces, he required and PW4 said that he required pieces of Rs. 500 and, thereafter, PW4 gave said currency note of Rs. 500/ to accused Jagmohan @ Mohan @ Rohit and accused Jagmohan @Mohan @ Rohit handed over to PW4 Rs. 1500/ by taking out from his left pocket which were in denomination of Rs.100/ each, which PW4 kept in his left pocket of the shirt and accused also kept the currency note of Rs. 500/ in his left pocket of his shirt and gave predetermined signal to SI Anil Malik and, thereafter, SI Anil Malik with the help of other police staff apprehended the accused Jagmohan @Mohan @ Rohit and after apprehension of accused Jagmohan @Mohan @ Rohit, SI Anil Malik took formal search of the accused and enquired his name and address.
26. This witness further deposed that currency note of Rs.500/ which was given by him to accused was recovered from the left pocket of the shirt of the accused Jagmohan @Mohan @ Rohit and sum of Rs.800/ which was in denomination of Rs. 100 each were recovered from the right pocket of shirt of the accused Jagmohan @Mohan @ Rohit. This witness further deposed that he had also handed over Rs. 1500/to SI Anil Malik which were handed over by the accused Jagmohan @Mohan @ SC No.89/11 Page 25 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch Rohit to him and SI Anil Malik took the possession of them after sealing the same. This witness further deposed that SI Anil Malik requested the passersby to join the proceedings but none agreed. This witness further deposed that on interrogation, accused Jagmohan @ Mohan @ Rohit told that he resides at Nanhe Park and he used to prepare fake currency by taking the prints of currency note through computer and he had a set up at his house. This witness further deposed that thereafter police party went to the house of accused Jagmohan @Mohan @ Rohit where one room, one kitchen and toilet was constructed on the first floor in the room of said floor, two chairs, one computer set comprising of computer, printer, cutter, two hard disk, ink etc and one cardboard like a saree box was kept on the table and when the saree box was opened, it was found containing three bundles of currency notes of Rs.100 and when the drawer of the table was opened, it was found containing four bundles of sheets and every sheet was having printing of three currency notes and all the currency notes were of Rs.100/. Thereafter all the recovered bundles and computer set up were taken into possession by SI Anil Malik and seized the same. Thereafter, SI Anil Malk prepared a tehrir and sent HC Sanjay to PS Crime Branch for registration of FIR who went in the government vehicle driven by HC Veer Pal at about 12:00 am (night) and after SC No.89/11 Page 26 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch ten minutes, ASI Jagdish Prasad came to the spot who took the further proceedings and HC Sanjay came back at the spot at about 3:30 am on the night intervening 13/14.01.2011 and custody of the accused and seized articles were handed over to ASI Jagdish Prasad.
This witness has identified the case property as under:
Currency note of Rs.500/ bearing No. JAF952110 of 'L' series as Ex.P1 which was got recovered from the left shirt pocket of accused Jagmohan @Mohan @ Rohit which was given by PW4 to accused at the time of dealing.
15 fake currency notes of Rs. 100/ which were given by the accused to PW4 in lieu of Rs. 500/ given by PW4 to the accused vide Ex. P2/1 to Ex. PW2/15.
8 fake currency notes of Rs.100/ denomination Ex.P3/1 to Ex.P3/8 got recovered from the right pocket of shirt of the accused.
65,64,63 fake currency note of Rs.100 each got recovered from saree box from the house of accused as Ex. P4/1 to P4/65, Ex. P5/1 to P5/64 and Ex. P6/1 to Ex.P6/63 respectively.
72, 67,71 and 63 sheet (each sheet containing print of SC No.89/11 Page 27 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch three fake currency notes of Rs.100) got recovered from the drawer of the table of the house of the accused are Ex.P7/1 to P7/72, P8/1 to P8/67, P9/1 to P9/71 and P10/1 to P10/63 respectively.
One cutting machine mark Harrison Ex.P11 got recovered from the room of accused.
One keyboard, extension cord, some computer cables, mouse etc were also got recovered from the room of accused vide Ex. P12 collectively.
Four ink bottles with six syringe without needle Ex.P13 also got recovered from the room of accused.
One frame having red colour photo film with impression of logo of Mahatama Gandhi and silver stripe of RBI Ex. P14 also got recovered from the room of accused Jagmohan @Mohan @ Rohit.
Medicated cotton, ink stained cloth, one black coloured piece of rubber, one paper cutter, one scissor and one screw driver Ex. P15 collectively and two small boxes Ex. P16 SC No.89/11 Page 28 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch also got recovered from the room of accused and three bottles of chemicals are Ex.P17 and cutting strip of paper is Ex.P18 collectively.
Red coloured photo film Ex. P19, HP Printer bearing model No. PSC1410 all in one Ex.P20, one EPSON coloured printer bearing model No.Epson Stylus Photo R230x Ex. P21, CPU black coloured of Frontech Libra Ex. P22 and one Monitor Dell Ex. P23 which were also got recovered from the room of accused.
27. PW5 HC Ghan Shyam was member of the police party consisting of SI Anil Mali9k, ASI Rishi Ram, HC Narender Dabas, HC Sanjay, another HC Sanjay, HC Shiv Kumar, HC Veer Pal, Const. Virender, Const. Pawan and PW5 HC Ghan Shyam. This witness has further deposed that at about 4:45 pm after getting the information from secret informer which was supplied by SI Anil Malik that a person is selling fake currency notes who is residing at Nanhe Park, Uttam Nagar and on the same day at about 4:45 pm, the police party left the office alongwith secret informer after lodging entry in DD register in two vehicles and reached Om Apartments, DDA Society, Sector14, Dwarka at about 5:30 pm, SI Anil Malik asked 45 SC No.89/11 Page 29 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch public persons to join the raiding party but none joined and thereafter police party reached near Kautilya Apartment where all the members of police were briefed by SI Anil Malik and HC Shiv Kumar was deputed as decoy customer and his belongings were removed from his possession vide Ex. PW4/A. This witness also deposed on the line of PW4 regarding meeting of accused Jagmohan @Mohan @ Rohit and apprehension of accused Jagmohan @Mohan @ Rohit and after apprehension of accused Jagmohan @Mohan @ Rohit, SI Anil Malik took formal search of the accused Jagmohan @Mohan @ Rohit and enquired his name and address and the currency note of Rs. 500/ given by HC Shiv Kumar to the accused Jagmohan @Mohan @ Rohit was recovered from the left pocket of PW4 HC Shiv Kumar and a sum of Rs. 800/ in the denomination of Rs. 100/ each were recovered from the right pocket of the shirt of the accused. Thereafter, PW4 HC Shiv Kumar also handed over Rs. 1500/ which were given by the accused to PW4 and SI Anil Malik seized the same vide seizure memo Ex.PW5/A and the seizure memo of genuine currency note of Rs.500/ is Ex. PW5/B and the seizure memo of eight fake currency notes which were recovered from accused Jagmohan @Mohan @ Rohit is Ex. PW5/C. Thereafter SI Anil Malik requested the passersby to join the proceedings but one agreed and on interrogation, accused SC No.89/11 Page 30 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch Jagmohan @Mohan @ Rohit told that he resides at Nanhe Park and he used to prepare fake currency by taking the prints of currency note through computer and he had a set up at his house. This witness has also deposed on the line of PW4 HC Shiv Kumar regarding recovery of articles and preparation of seizure memos of fake currency notes. He has further deposed that all the fake currency notes and computer accessories and other instruments and tools were taken into possession by SI Anil Malik vide seizure memo Ex. PW5/D. This witness also deposed on the line of PW4 regarding preparation of tehrir and registration of FIR. PW5 has further deposed that, thereafter, accused Jagmohan @Mohan @ Rohit was arrested vide arrest memo Ex.PW5/E and his personal search was taken vide memo Ex. PW5/F and accused Jagmohan @Mohan @ Rohit made his disclosure statement Ex. PW5/G and on 17.01.2011, PW5 handed over the belongings of PW4 HC Shiv Kumar to him in the presence of ASI Jagdish Prashad who prepared handing over memo in this regard vide Ex. PW5/H.
28. PW6 is SI Anil Malik who on 13.01.2011 at about 3:15 received information that one person namely Jagmohan @Mohan @ Rohit was supplying counterfeit currency three times for original one. He further deposed that secret informer SC No.89/11 Page 31 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch told him that the accused was 40 years old and resident of Nanhe Park and he used to supply the fake currency notes of Rs. 100/. Thereafter PW5 forwarded the secret informer to ACP V.K.Dham and Inspector Jitender Singh who also confirmed the information from the informer. The secret informer further told that said accused Jagmohan @Mohan @ Rohit would be coming to Sector 14, Metro Station, Dwarka to deliver huge consignment of fake currency of denomination 100 to someone. PW6 further deposed that password 'piece' is used for getting the currency converted and thereafter, PW6 recorded DD entry at about 4:00 pm vide DD No.12 and as per the order of senior officer constituted a raiding team. Thereafter PW6 also deposed on the line of PW4 and PW5 regarding constitution of raiding team, apprehension of accused Jagmohan @Mohan @ Rohit and recovery of articles. After recovery of articles, all the articles were kept in a brown colour cartoon box and cartoon was sealed with the seal of 'AKM' and the said seal was handed over to HC Ghan Shyam after use. Thereafter, PW6 prepared rukka Ex. PW6/A and got the case registered through HC Sanjay and thereafter investigation of this case was entrusted to ASI Jagdish.
29. PW7 HC Narender Dabas, who on 13.01.2011 was present in the office and deposed that at about 3:15 pm, a secret SC No.89/11 Page 32 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch information was received by SI Anil Malik regarding dealing of fake currency notes at Nanhe Park, Uttam Nagar. Thereafter SI Anil Malik informed senior officers and after making of entry at DD No.12, SI Anil Malik constituted a raiding team. This witness also deposed on the line of PW4, PW5 and PW6 regarding constitution of raiding team, apprehension of accused, recovery of articles, arrest/personal search/disclosure of accused Jagmohan @ Mohan @ Rohit. This witness has also got identified the case property which was seized at the time of raid.
30. PW8 is Mohd. Abrar who on 13.01.2011 was working as Duty Officer and on that day at about 3:35 pm, SI Anil Malik alongwith his team and one private person came in duty officer room and SI Anil Malik lodged DD No. 12 in the roznamcha vide Ex. PW8/A and DD No.13 at about 4:40 pm regarding departure of team Ex. PW8/B and at about 11:25 pm, DD No.18 Ex. PW8/C was lodged regarding departure of Jagdish Prashad.
31. PW9 is ASI Jagdish Prasad, who on the intervening night 13/14.01.2011 went to house No. B36, Nanhe Park, Uttam Nagar, New Delhi, where SI Anil Malik alongwith raiding team and accused Jagmohan met him and thereafter, SI Anil Malik briefed him about the details of the case and handed to him all SC No.89/11 Page 33 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch the seizure memos and case properties as well as the custody of accused Jagmohan @ Mohan @ Rohit. Thereafter, PW9 prepared rough site plan of house at the instance of SI Anil Malik Ex. PW9/A and thereafter PW9 alongwith SI Anil Malik went to the spot ie Metro Station, Sector14, Dwarka where PW9 prepared the site plan of the spot at the instance of SI Anil Malik vide Ex. PW9/B. Thereafter, PW9 alongwith HC Narender Dabas returned to the house of accused and at about 3:30 pm, HC Sanjay and HC Veer Pal returned there in government vehicle and handed over original rukka and copy of FIR to PW9. Thereafter, PW9 interrogated the accused Jagmohan @ Mohan @ Rohit and arrested him vide arrest memo Ex.PW5/E and took his personal search vide memo Ex. PW5/F. Thereafter, PW9 alongwith members of raiding team, accused Jagmohan @Mohan @ Rohit and case property left the house of accused at about 6:00 am and went to PS Crime Branch, Nehru Place where PW9 got deposited the case property and thereafter, PW9 returned to his office at Rohini and interrogated the accused and reduced in writing his disclosure statement and after getting the accused medically examined, he was produced before the court of Ld. ACMM through Inspector Jitneder and three days police custody remand was sought and on 15.01.2011, accused Jagmohan @ Mohan @ Rohit pointed out SC No.89/11 Page 34 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch the places where he had purchased the two printers and recorded the statement of Laxman and Harish. PW9 further deposed that he had also seized the relevant documents Ex. PW1/A. This witness further deposed that SI Anil Malik had also handed him over ten photo prints Ex. PW9/C1 to PW9/C10 which he placed on the file and during the course of investigation, accused made his supplementary disclosure statement Ex. PW9/D and on 17.01.2011, belongings of HC Shiv Kumar were returned to him after taking the same from HC Ghanshyam and prepared the handing over memo vide Ex. PW5/H.
32. This witness further deposed that on 13.02.2011, he handed over priority letter of HC Narender Dabas who collected the questioned currency kept in nine sealed plastic jars sealed with the seal of AKM vide RC No. 64/21 and he also collected one pen drive and two hard disk from MHC(M) vide RC No. 65/21 to be deposited at Government Press, Nasik and FSL Hyderabad respectively and after depositing the same, HC Narender Dabas returned and he handed over the copy of RC to MHC(M) and PW9 recorded his statement as well as the statement of MHC(M) and thereafter PW9 received examination report from Government Press, Nashik Ex. PW9/E SC No.89/11 Page 35 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch and during the course of investigation, the computer accessories including photo film, water mark etc went sent to FSL Rohini vide RC No.146/21 through HC Naresh.
33. PW10 is Eknath V Kankrej, Assistant Works Manager, Currency Note Press, Nasik Road, Maharashtra, who had examined the currency notes in a laboratory and found that all the currency notes were fake vide his report Ex. PW9/E.
34. PW11 is Inspector Jitender Singh, who received CFSL result Ex.PW11/A in regarding computer hard disk and pen drive from CFSL Hyderabad and on the basis of CFSL result, he added section 66 IT Act and prepared supplement chargesheet and filed the same and on the scrutiny of CFSL result, it was found that the computer system was installed with softwares adobe photoshop and corel draw and both these softwares are enable to scan, edit and delete the contents of a picture image.
35. PW12 is HC Naresh Kumar, who on 30.03.2011, on the direction of IO, deposited 16 sealed parcels alongwith sample seal from MHC(M) at FSL Rohini and after depositing the same, he obtained acknowledgment which he handed over SC No.89/11 Page 36 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch to MHC(M).
36. PW13 is V.Lakshmi Narsimhan, Senior Scientific Officer (Physics), FSL, Rohini, who on 30.03.2011 received nine sealed parcels for examination and he had examined the same vide his report Ex.PW13/A.
37. PW14 is Jagnarain, who on 14.01.2011 deposited nine sealed plastic jars containing fake currency, 25 sealed cartons and one printer apart from three sealed envelopes in the malkhana and made his entry at serial No. 768 in register No.19 vide Ex. PW14/A and on 13.02.2011, he had handed over nine sealed plastic jars to HC Narender for taking the same to government press, Nasik for depositing the same vide RC No. 64/21 and HC Narender also collected three sealed pullandas containing hard disks and pen drive for taking the same to CFSL, Hyderabad vide RC No.65/21 and the copies of both the RC s are Ex.PW14/B and Ex.PW14/C and HC Narender went to Nasik and Hyderabad alongwith above said case property and other police staff and he handed over to him acknowledgment Ex. PW14/D and Ex. PW14/E after returning from there. This witness further deposed that on 30.03.2011 on the direction of IO, he has sent 16 sealed parcels to FSL Rohini through HC SC No.89/11 Page 37 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch Naresh Kumar vide RC No. 146/21 for depositing the same there and the copy of RC is Ex. PW14/F and HC Naresh handed over to PW14 the acknowledgment after returning from FSL Rohini and copy of acknowledgment is Ex. PW14/G.
38. PW15 is P.N.Ramakrishnan, Senior Scientific Officer (Physics), who on 17.02.2011 received three sealed envelopes containing two hard discs and one pen drive for examination and on 02.06.29011, he started the examination of said sealed envelopes and completed the same on 28.07.2011. His report regarding examination is Ex. PW11/A and the details of complete examination is contained in annexure 1 which is Ex. PW15/A.
39. As per prosecution story, SI Anil Malik, PW6 received a secret information that one person namely Jagmohan, R/o Nanhe Park, aged 40 years was supplying counterfeit currency three times for one genuine currency note. The said information was reduced into writing vide DD No 12 (Ex. PW8/A) and PW6 passed on to the higher officers and a raiding team was constituted consisting of SI Anil Malik, ASI Rishi Ram, HC Sanjay, HC Shiv Kumar, HC Ghan Shyam, HC Narender Dabas, HC Sanjay Magri, HC Virpal, Const. Virender SC No.89/11 Page 38 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch and Const. Pawan and thereafter, the said raiding party left the office of Crime Branch at 4:45 pm in terms of DD No. 13 (Ex.PW8/B).
40. The said raiding party in two vehicles ie one government vehicle bearing No. DL 6C J 0516 and one private car belonging to PW Narender Dabas reached near apartment DDA Society, Sector14, Dwarka at about 5:30 pm, therefore, the raiding party went to near Kautalya Apartments where SI PW6 Anil Malik gave briefing to the team. PW4 HC Shiv Kumar has deposed that he was also a member of said raiding party and he was deputed a decoy customer and all his belongings ie his violet, ID Card, Debit Card, driving licence and cash Rs. 250/ were taken into possession vide Ex. PW4/A by PW6 Anil Malik and handed over to HC PW5 Ghan Shyam and PW6 Anil Malik SI gave PW4 Shiv Kumar a currency note of Rs. 500/ vide handing over memo Ex. PW4/B. In the meantime, the secret informer told PW6 SI Anil Malik that accused would come at metro station, Dwarka, Sector 14. PW4 has further deposed that the said informer has told PW6 SI Anil Malik that PW4has to use the word 'piece' with accused persons and if PW4 would say 'piece' accused would deal with him and accused will give three fake currency notes for one genuine note. PW4 has SC No.89/11 Page 39 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch further deposed that PW6 had instructed him if deal is finalised with accused Jagmohan, PW4 had to give a signal by hurling his hand on his head and PW7 Narender Dabas and PW5 Ghan Shyam would remain close to PW4 and would try to hear the conversation. PW4 has further deposed that PW6 SI Anil Malik and the secret informer were with him then at about 6:35 pm near gate No. 2 of metro station, Sector14, Dwarka, the secret informer pointed towards the accused person, Jagmohan and PW4 moved towards the accused and asked accused 'kya haal hai bhai' (how are you) and accused asked PW4 from where he had come and by whom he has been sent on this PW4 has stated to accused that he has come from Rohini.
41. PW4 has further deposed that he told accused that he required 'piece' and on this accused inquired as to how many pieces are required and PW4 had given a currency note of Rs. 500/ and accused had given to PW4 Rs. 1500/ by taking out from his pocket in the denomination of Rs. 100/ each which PW4 kept in pocket of his shirt and accused kept the currency note of Rs. 500/ in his pocket. PW4 has further deposed that he gave the signal to police party and PW6 SI Anil Malik apprehend the accused and SI Anil Malik took formal search of the accused and the currency note of Rs. 500/ given by PW4 to SC No.89/11 Page 40 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch accused was recovered from the left pocket of the shirt and a sum of Rs. 800/ in the denomination of Rs. 100/ each were recovered from the right pocket of his shirt. PW4 has further deposed that he handed over Rs. 1500/ which were seized by PW6 SI Anil Malik in terms of his search memo proved on record by PW5 Ghan Shyam.
42. PW4 has further deposed that IO/SI Anil Malik requested public persons to join the investigation but no one agreed. PW4 has further deposed that thereafter accused was interrogated by PW6 Anil Malik and accused made a oral disclosure statement that he used to prepare/counterfeit fake currency at his residence and can get recovered the instrument/article used for counterfeiting the fake currency. PW4 has further deposed that raiding party went to the house of accused and after knocking at the door, the daughter of the accused opened the door and accused took the police party to the second floor of his house where in one room, one computer set comprising of computer, printer, cutter, two hand ink, ink etc were found including one card board like a saree box was kept on the table. PW4 has further deposed that the said saree box was found containing three bundles of currency notes of Rs. 100/ which appeared to be false by appearance. PW4 has SC No.89/11 Page 41 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch further deposed that drawer of table was opened and found containing four bundles of sheets and every sheet was having printing of twice currency notes of Rs. 100/ denomination and all the articles were seized and converted into sealed parcels. PW4 has also proved the case property as disclosed in para 26 of this judgment.
43. During cross examination, PW4 has deposed that his statement was recorded by second IO/ASI Jagdish Prasad on 14.01.2011 in the office. He has admitted that DD No. 12 was recorded on the basis of secret information. He has further deposed that police party came to Dwarka in two vehicles one government vehicle bearing No. DL 1C J 0576 and second vehicle of PW7 Narender Dabas. He has further deposed that in memos prepared before lodging of FIR, FIR was filled in later on. PW4 has further deposed that IO Anil Malik had signed with date on the currency notes of Rs. 500/ given to him as a decoy customer. The currency note of Rs. 500/ was of yellow series. PW4 has further denied the suggestion that accused did not met him and further denied that accused did not accept any currency note of Rs. 800/ from him and accused had not given him false currency notes of Rs. 1500/ in the denomination of Rs. 100/.
SC No.89/11 Page 42 of 55State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch
44. PW4 has further deposed in cross examination that first IO/SI Anil Malik had made the memo of formal search at about 6:50 pm and FIR number was later on filled by second IO/Jagdish Prasad and only seizure memo of currency notes of Rs. 500/ and fake currency notes of Rs. 1500/ and 800/ were made at metro station, Sector14, Dwarka. He has further deposed that the seal after use by Anil Malik was handed over to HC Ghan Shyam on 13.01.2011. He has further deposed that police party remained at the home of accused from 8:00 pm to 6:00 am on the intervening night of 13/14.01.2011. PW4 has further deposed that IO/Anil Sharma had recorded statement on his laptop and disclosure statement of accused was recorded in the office after returning from the house of accused. He has further deposed that second IO/ASI Jagdish Prasad had gone to metro station and Kautilaya Apartment alongwith HC Narender Dabas, SI Anil Malik to the spot at 1:00 am for preparing site plan and came back at 3:00 am. PW4 has further deposed that sealed articles were seized and taken into possession by IO and he do not know as to whether any arrival entry was made in their office at Nehru Place.
45. It may be noted here that the testimony of this SC No.89/11 Page 43 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch witness is trustworthy and reliable and he appears to be natural witness nothing could be elicited in the cross examination of this witness which may cast any shadow of doubt regarding his veracity.
46. PW5 HC Ghan Shyam was also a member of police raiding party and he not only reiterated the version of PW4 but also corroborated the same and in his cross examination also nothing could be eliminated to raise any eyebrow doubting his veracity. This witness has also identified the case property.
47. PW6 SI Anil Malik is the first IO and he deposed that on getting information from secret informer regarding supplying of fake currency notes by accused persons, he informed the higher officer and lodged DD 12 in his office and police party formed and he left the office alongwith police party in the vehicles in terms of departure entry and after reaching Dwarka, he asked public persons to join investigation but none came forward and he deputed PW4 as decoy customer and took personal search of PW4 and handed over to him Rs. 500/ and on the pointing out of secret informer, PW4 HC Shiv Kumar struck a deal with accused by asking 'pieces' as the code word given by secret informer and, thereafter, on signaling by PW4, SC No.89/11 Page 44 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch he apprehend the accused.
48. PW6 seized the currency notes recovered from the accused given by him to PW4 and sealed them in plastic jars. The false currency notes were appearing to be fake one from mere appearance. PW4 has further deposed that he interrogated the accused and accused told him that he used to prepare false currency note at his house where accused was having entire set up including computer and printer, thereafter, accused took police party to his house. PW4 has further deposed in the lines of PW4 & PW5 so far as recovered articles from the house of accused. This witness also identified the case property.
49. During cross, PW6 has stated that he has received information that one person namely Jagmohan was dealing with the counterfeiting currency notes and he will come in sector14, Dwarka and he deal with the code word 'piece' and thereafter with the permission of higher officers, a raiding police party was constituted. In further cross examination, nothing could be elicited which may cause dent in the prosecution story.
50. PW7 also deposed on the line of PW4 and PW6 and SC No.89/11 Page 45 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch supported the prosecution story. During cross, he admitted that secret information was not received by SI Anil Malik in his presence. He has further submitted in his cross that sector 14, Dwarka is busy market and had not given a notice to any public person to join the investigation but he orally asked the public persons to join the investigation but none has come forward to join the investigation. He has further submitted that FIR number in which memo prepared before the lodging of the same was filled in later on by the IO. This witness has been cross examined on the various aspect of the investigation including constituting of raiding party deputing HC Shiv Kumar as a decoy customer, apprehension of the accused on the signal given by HC Shiv Kumar, his arrest and disclosure statement as well as recoveries of the articles made from the residence of the accused but nothing could be elicited which may lead to an inferrence that the said witness is deposing falsely.
51. PW7 has also supported the prosecution case so far as the delivery of the articles seized from the accused at Nasik and Hyderabad.
52. PW9 ASI Jagdish Prasad is second IO who has deposed on the line of PW4 and PW7 and supported the case SC No.89/11 Page 46 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch of the prosecution and reiterated the testimony of the other members of the police party including PW4 and PW7. During cross, nothing could be elicited which may warrant that this witness was deposing falsely or the accused has been implicated in this case by way of planning the said recovery on him.
53. It may be noted here that PW10 Eknath V Kankrej had examined the currency notes which were sent in his lab by the forwarding authority were found to be forged in terms of Ex. PW9/E. Similarly, PW13 has deposed the Epson printer model (Ex.4) was found in working condition and the images of the currency note printed in the laboratory using the printer Ex. PQ4 and ink (Ex.2) and these currency notes were compared with the questioned notes and found that it could be possible that the currency notes of denomination 100 (Ex.1) were having similarity with currency notes printed in the lab. Similarly, the Ghandiji water mark on the wooden dye got recovered from the house of accused (Ex.5) was found matching physically with Gandhiji water mark on sample currency notes Ex. 1a to 9a. So is the report with regard to RBI mark. Similarly on physical examination of paint from Ex. 13, 14 cloth piece Ex.6 and paint used to print 'RBI Mark' and 'Gandhiji Water Mark' and paint used to print currency note Ex. P1 by using microscope, VISPEC SC No.89/11 Page 47 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch and FITR, these were found similar with respect to colour, appearance and UV light and FITR spectra. In the same manner in physical examination of paint from Ex.14, Ex.13, wooden dye Ex.P5 and paint used to print 'RBI Mark' and 'Gandhiji Water Mark' on the sample currency notes Ex.P1 by using microscope, VISPEC and FITR, these were found similar with respect to colour, appearance in UV light and FITR spectra and in physical examination of polythene films Ex. 16 and polythene films in wooden dye Ex.P5, the polythene films Ex.16 was found to be similar to polythene films in wooden dye Ex. P5 in respect to thickness of the films and colour of the films.
54. From the testimony of police witnesses including that of PW10 and PW13, it can safely be inferred that the accused was preparing /counterfeiting currency notes and the said notes are found to be fake one and the material and instruments recovered at the instance of accused person from his house which is used by the accused persons for counterfeiting fake currency notes and found in working condition and the said articles were used for preparing currency notes in the laboratory and the currency notes so prepared in the laboratory are matching with fake currency notes which got recovered from the possession of the accused or got recovered at SC No.89/11 Page 48 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch his instance.
55. The contention of the counsel for the accused/defence that the police raiding party was not constituted as per prosecution story and accused cannot be convicted on the sole testimony of police witnesses as despite the availability of public witnesses, Io has not joined any public witness. Therefore, the investigation stands vitiated and so is the recovery of articles at the instance of accused from his residence. Therefore the prosecution story is liable to be acquitted. But this contention is having no value in the eyes of law as it is settled law that conviction can be recorded on the sole testimony of police witnesses as they being public servant are doing public duty in accordance with law and mere non joining of the public witnesses in the investigation do not caste any doubt in the prosecution story. Similarly, provisions of section 100 Cr.PC are mutatis mutandis not applicable to the recovery falling within the realm of section 27 of Evidence Act.
56. In this regard, I found support from case titled Musheer Khan @ Badshah Khan Vs. State of Madhya Pradesh, 2010(2) SCC 748 where it has been observed as under:
SC No.89/11 Page 49 of 55State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch In para 20, page 662 of the report it was held when discovery is made pursuant to any facts deposed by the accused, the discovery memo prepared by the investigating officer is necessarily attested by independent witnesses. But if in a given case, no witness is present or nobody agrees to attest the memo, it is difficult to lay down as a proposition that the discovery must be treated tainted or that the discovery evidence is unreliable. In such a situation, the Court has to consider the report of the investigating officer who made discovery on its own merits.
57. It may be noted her that non joining of public witness during investigation is not fatal to the prosecution case as conviction can be recorded on the basis of testimony of police witnesses. In this regard I find support from the case law Kathi Bharat Vajsur & Anr. Vs. State of Gujarat 2012 V AD (S.C.) 339 wherein, it has been observed:
Shri Dholakia would lay emphasis on the unusual conduct of PW6 after the occurrence of the incident and therefore submits that the learned trial judge was SC No.89/11 Page 50 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch justified in disbelieving the evidence of PW6. We cannot agree. This Court, in the case of Appabhai Vs. State of Gujarat, 1988 Supp SCC 241, held:
11..... Experience reminds us that civilized people are generally insensitive when a crime is committed even in their presence.
They withdraw both from the victim and the vigilante. They keep themselves away from the court unless it is inevitable. They think that crime like civil disputes is between two individuals or parties and they should not involve themselves. This kind of apathy of the general public is indeed unfortunate, but it is there everywhere whether in village life, towns or cities. One cannot ignore this handicap with which the investigation agency has to discharge its duties. The court, therefore, instead of doubting the prosecution case for want of independent witness much consider the broad spectrum of the prosecution version and then search for the nugget of truth with due regard to probability if any, suggested by the accused.
58. It cannot be stated as a rule that a police officer can or cannot be a sole eye witness in a criminal case which will always depend upon facts of a given case and if testimony of such witness is reliable, trustworthy, cogent and duly corroborated by other witnesses or admissible evidence, then statement of such witness cannot be discarded only on ground SC No.89/11 Page 51 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch that he is a police officer and may have some interest in success of the case and only when his interest in success of case is motivated by over zealousness to an extent of his involving innocent people, then, no credibility can be attached to his statement, therefore, presumption that a person acts honestly applies as much in favour of police officer as in respect of other persons and it is not proper to distrust and suspect him without there being good grounds therefor.
59. I am also satisfied that the non joining of the public witnesses by the raiding party is not going to effect the case of prosecution as PWs who in their examination in chief have stated that efforts were made to join public persons. In the same manner, recovery is reliable as all formalities were complied with by the raiding party and as such recovery is found reliable.
60. Now coming to the second contention of the counsel for the defence that no disclosure statement made by the accused was recorded and recovery has been affected at the instance of alleged oral disclosure statement made by the accused persons as such disclosure statement is not admissible. But this contention also appears to be attractive but the same is SC No.89/11 Page 52 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch falacious and is hereby rejected in as much as the oral disclosure statement pursuant to which any recovery has been affected is admissible if such recoveries are affected in terms of said disclosure statement. In the present case, the accused is alleged to have made a disclosure statement after his arrest and in pursuant to his oral disclosure statement, recoveries are affected from the possession of the accused which are allegedly used by the accused persons for counterfeiting the fake currency notes. In this regard, I found support from Updesh @ Chintu vs State 2012IIAD(delhi) 626 and relevant portion is reproduced hereunder:
A perusal of the testimony of PW6, PW7 and PW8 shows that recovery of the arms and ammunition was made pursuant to his disclosure in case FIR No. 154/09. Thus, recording of a disclosure statement in the present case could not have taken place. The contention of the learned counsel that recovery was not pursuant to disclosure statement of the appellant is liable to be rejected. The recovery of the articles is pursuant to disclosure statement which is SC No.89/11 Page 53 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch admissible under section 27 of the Indian Evidence Act. The registration of FIR is not a sine qua non for the recovery to be effected. Recovery can be effected even on an oral disclosure statement. Further the conduct of the accused leading the police party to his house and the specific place in the house from where the recovery of arms and ammunitions is consequently made is also admissible under section 8 of the Evidence Act. Reference in this regard is made of Himachal Pradesh Administration vs. Om Prakash MANU/SC/0118/1971: (1972) 1 SCC
249. In case law of Shambu Gowala @ Jadav vs. State of West Bengal 2000 Cri. L.J.1602, the oral disclosure is also held admissible.
61. So far as the oral testimony of police witnesses is concerned, those statements are found to be consistent and corroborating each other and the secret information was immediately reduced into writing by DD and police party left the office of crime branch after lodging a departure entry. There is nothing in testimony of the police witnesses which may raise SC No.89/11 Page 54 of 55 State Vs. Jagmohan @ Mohan @ Rohit SC No. 89/11 FIR No. 08/11 PS: Crime Branch doubt in the prosecution story. PW1 and PW2 have also deposed that accused had purchased from them a computer printer which was got recovered from the house of the accused person, so PW1 and PW2 also corroborated the prosecution story.
62. From the above discussion, I am of the opinion that prosecution has been successful in proving that accused has been counterfeited the fake currency notes and he is further found selling the fake currency notes in the open market and thereafter, he is found in possession of fake currency notes and instruments used in preparing/counterfeiting the fake currency notes. So the accused is hereby held guilty for the offence under section 489 A/ 489 B/489 C/ 489D IPC.
63. Put up for order on sentence on 27.04.2013.
Announced in the open court (Vijay Kumar Dahiya) on the 25th Day of April 2013 ASJ/ Dwarka Courts New Delhi/25.04.2013 SC No.89/11 Page 55 of 55