Delhi District Court
State vs Ravi Etc on 10 May, 2011
IN THE COURT OF SH.SURESH CHAND RAJAN
ADDITIONAL SESSIONS JUDGE, FAST TRACK COURT,
(New Delhi & South East District)
PATIALA HOUSE COURTS, NEW DELHI
SC No.23/10
FIR No.84/08
U/s 489B, 489C IPC
PS Malviya Nagar
State
Vs.
1. Ravi Kumar s/o Mahender Pratap
2. Jaspreet Singh s/o Kuldeep Singh
..........Accused
Challan filed on : 27.03.08
Received by Fast Track Court on:15.09.2010
Reserved for Order on : 25.04.2011
Judgment delivered on : 06.05.2011
JUDGMENT
Briefly stated the facts of the prosecution case are that a police team headed by SI Dalip Kumar, Special Staff, South District had a prior information that a person in possession of fake counterfeit currency notes would be arriving at a particular spot and would be dealing in those fake currency notes and if raided they could be apprehended. A raiding team was organised and informer was part of the State Vs.Ravi etc FIR no.84/08 Page No. 1 of 27 team. Both accused arrived at the given spot which was bus stand village Khirki, Press Enclave Road, Delhi at around 6 p.m and it was 28.1.08. The police party had already arranged a decoy and a shadow witness. The decoy witness struck a deal with accused Ravi Kumar wherein decoy witness HC Bhoop Singh having given 1000/ rupees to the accused received back 30 currency notes each of 100/ rupees denomination. Decoy witness further confirmed that the other accused Jaspreet Singh had also offered to sell his counterfeit notes to him. Both the accused were apprehended. From the possession of accused Ravi Kumar 1000/ rupees which had been given to him by decoy witness and further 10 notes of Rs.100/ denomination which were fake in counterfeit were recovered. From the possession of other accused 57 notes each of 100 rupees denomination fake and counterfeit were recovered. On this IO prepared the rukka Ex.PW2/F and got the case registered. The accused persons were arrested and investigation was done. During investigation counterfeit currency notes have been got examined from currency note press Nasik, Maharashtra and the report is the part of the judicial record which shows that the referred suspected notes were counterfeit notes. After completing the investigation challan was filed in the court.
2. This case being triable by the court of session, after committal proceedings, it was committed by the Ld.MM and received by the court of sessions on 15.04.2008.
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3. The charge against accused Ravi Kumar and Jaspreet Singh was framed u/s 489B & C IPC on 03.12.2008 by Sh J.R Aryan, Ld. ASJ to which both the accused persons pleaded not guilty and claimed trial.
4. The prosecution in all has examined as many as 8 witnesses.
5. The evidence against the accused persons were put to them in their statement recorded u/s 313 Cr.P.C in which they have pleaded their innocence and deposed that they have been falsely implicated in this case. The accused had opted to lead defence evidence and examined one DW Charanjeet Singh. Thereafter the case was fixed for final arguments.
6. I have heard Sh Inder Kumar Ld. APP for the State as well as Ld. counsel for the accused and perused the testimonies of all the PWS and exhibited documents carefully.
7. In view of the arguments advanced by the Ld.APP and ld.counsel on behalf of the accused I have perused the testimonies of all the PWS.
8. PW1 HC Banwari Lal has deposed that he was working as State Vs.Ravi etc FIR no.84/08 Page No. 3 of 27 MHCM on 28.01.2008 and on that day SI Dalip deposited five parcels sealed with the seal of DK and he made entry at sr.no.290 copy of which is Ex.PW1/A. He has further deposed that on 9.3.08 the case property was sent to Nasik for analysis vide RC no.35/21. The copy of RC is Ex.PW1/D.
9. PW2 SI Dalip Kumar is the complainant and conducted the investigation. He has deposed that he received secret information regarding sale of counterfeit currency by two boys at bus stand Khirki on which he depute HC Bhup Singh a decoy customer and handed over currency notes of Rs.500/ for dealing. The handing over memo is Ex.PW2/A. After dealing those boys were apprehended and on their search fake currency notes were recovered. The seizure memos are Ex.PW2/B,C,D and E. He prepared rukka Ex.PW2/F and got the case registered. He has arrested the accused persons vide arrest memo Ex.PW2/G and H and conducted their personal search. He recorded the disclosure statements which are Ex.PW2/L&M. He has further deposed that accused persons got recovered the computer, printer, scanner etc from the rented house of Ravi at Old Mahabir Nagar. The seizure memo is Ex.PW2/N. He prepared the site plan Ex.PW2/O. He identified the recovered fake currency notes and monitor, keyboard, printer, CPU from Ex.PW2/P1 to P6.
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10. PW3 HC Hari Ram has deposed that he was working as duty officer on 28.1.08 and he recorded the present case FIR. He produced the FIR register. The copy of FIR is Ex.PW3/A.
11. PW4 Ct. Yashvir Singh has deposed that on 28.01.08 a team comprising SI Dalip, SI Balbir, HC Phool Singh, HC Bhup Singh and HC Prem were on patrolling and near Chirag Delhi a secret informer met SI Dalip and informed that two boys indulging in trafficking of fake currency notes would be arriving on bus stand of village Khirki at 5.30 p.m. The information was conveyed to the Inspector of Special staff. 4/5 public persons were requested to join the raiding team but no one came forward. Raiding party was organised and HC Bhup Singh was deputed as decoy customer and he was deputed as shadow witness. Two 500 hundred rupees of Indian currency notes were given to HC Bhup Singh after preparing delivery memo Ex.PW2/A and thereafter he and HC Bhup Singh with informer took position near bus stand. Around 6 p.m two boys arrived and on being identified, HC Bhup Singh introduced to them and started talking. He was listening the conversation and after the deal was struck he had given the prefixed signal. He has further deposed about conversation between HC Bhup Singh and accused Ravi. Second accused Jaspreet was present alongwith accused Ravi and he too had said that he was also in possession of fake Indian currency notes if required to be exchanged with genuine currency in the deal. Both the accused were State Vs.Ravi etc FIR no.84/08 Page No. 5 of 27 apprehended. He apprehended accused Ravi. SI Dalip took his search and two 500 rupees currency notes which were given by HC Bhup Singh were recovered from his front shirt pocket and these were the same which had been mentioned in the delivery memo Ex.PW2/A. The same were seized vide memo Ex.PW2/B. On further search of accused Ravi, Ten notes of hundred rupees currency notes from his right side pant pocket were recovered and those were found fake as all were bearing same sr.no. 395616. These notes were seized vide memo Ex.PW2/D. Accused Ravi had delivered thirty hundred rupees notes to HC Bhup Singh found bearing no. 395619 were seized vide memo Ex.PW2/C. Accused Jaspreet revealed recovery of 57 hundred rupees fake currency notes of same serial number, the same were seized vide memo Ex.PW2/E. IO prepared rukka and he got the case registered. He has further deposed that accused Ravi and Jaspreet were arrested and their personal search was conducted vide memo Ex.PW2/G to K. The disclosure statements of accused are Ex.PW2/L and M. he has further deposed that accused persons disclosed that they had taken one room on rent at SII/107 Old Mahavir Nagar, Tilak nagar where computer, printer are installed and they led the police to the said place and got recovered the same from Ist floor from where 18 papers was found printed, three currency notes on each page. The same were seized vide memo Ex.PW2/N. The case property was deposited in the malkhana. He identified the two currency notes bearing no. 7AG444946 and 8HF213621 as Ex.PW2/P1, 30 currency notes bearing no. 395619 colly. State Vs.Ravi etc FIR no.84/08 Page No. 6 of 27 Ex.PW2/P2 which were given to HC Bhup Singh in lieu of genuine Rs. 1000/, 10 currency notes bearing no. 395616 as Ex.PW2/P3 which were recovered from the pant pocket of Ravi, 57 currency notes bearing sr.no. 395615 recovered from pant pocket of Jaspreet are Ex.PW2/P4. He also identified the 18 white sheets having printed Rs.100/ on each sheet as Ex.PW2/P5, Monitor, printer/scanner, key board, CPU as Ex.PW2/P6.
12. PW5 Insp. Aishveer Singh is the second IO and on 26.8.08 he got extended the JC remand of both the accused. On 09.03.08 he sent the exhibits to Nasik vide RC no. 35/21 through HC Shailesh Kumar. He received the result and filed in the court vide application Ex.PW5/B and result Ex.PW5/C.
13. PW6 HC Bhup Singh has deposed that on 28.1.08 he alongwith other staff were on patrolling and when they were present near Chirag Delhi fly over, secret informer met SI Dalip and informed that two boys would come at 5.30 p.m to make the delivery of fake Indian currency notes in front of Saket Mall, village Khirki. On the direction of Inspector, raiding party was organised and reached at the spot. He was directed to become decoy customer and Ct. Yashvir was shadow witness. They went to bus stand with two Rs.500/ each in denomination currency notes handed over by SI Dalip. At about 5.45 p.m two boys came and he State Vs.Ravi etc FIR no.84/08 Page No. 7 of 27 conducted the deal to purchase fake currency notes. He gave Rs.1000/ and in lieu of that accused Ravi gave him Rs.3000/ fake currency notes which were of same serial number. Jaspreet also told him that he is also having fake currency notes. Both the accused were apprehended and on search of accused Ravi two currency notes of Rs.500/ given by SI Dalip were recovered and further 10 fake currency notes of Rs.100/ each in denomination were recovered from right pant pocket. He also handed over 30 fake currency notes to IO. The seizure memos are Ex.PW2/B,C and D. He has further deposed that on search of accused Jaspreet 57 fake currency notes of Rs.100/each in denomination were recovered from his right pocket of wearing pant which were seized vide memo Ex.PW2/E. SI Dalip prepared rukka and handed over the same to Ct. Yashvir for registration of the case. He further deposed about arrest, personal search and recording of disclosure statements of both the accused. He has further deposed that accused got recovered computer, printer, scanner, CPU and 18 papers printed with same sr. no. fake currency notes from the rented premises of accused Ravi. The seizure memo Ex.PW2/N. He identified the case property.
14. PW7 HC Shailesh Kumar has deposed that on 9.3.08 he took three sealed parcel to Nasik vide RC no.35/21 and deposited the same there.
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15. PW8 Ms Deepa Verma is the witness from FSL Rohini and she has seen the bundles of notes bearing no. 8MD 395619, 8MD 395615 and 395616 and stated that these are fake currency notes. He also examined the report prepared by currency notes press, Nasik, the report is E.PW5/C with forwarding letter Ex.PW5/A.
16. I have considered the defence evidence. DW1 Charanjeet Singh has stated that he know accused Jaspreet since when he was 5 or 6 years old as he was the son of his wife's uncle. House of Jaspreet is situated at the distance of 200 to 300 yards from his house. He used to visit his house thrice or four times in a week. Jaspreet is an honest and gentleman. He did not see the co accused at any time in the house of accused Jaspreet
17. To prove the guilt of an accused u/s 489B IPC, the burden is on the prosecution to prove that at the time when the accused was passing the note he knew that it was forged one. The mere possession of it by him does not shift the burden to the accused to prove his innocent possession of the forged notes. Unless it is found that the accused had the knowledge or reason to believe that the said questioned note was a forged one, the question of his palming it off as genuine could not arise. So, by analyzing the testimonies of all the PWS, it is revealed that the State Vs.Ravi etc FIR no.84/08 Page No. 9 of 27 prosecution has adduced PW2 SI Dalip Kumar as complainant and PW4 Ct. Yasvir Singh as shadow witness, PW6 HC Bhup Singh as decoy customer. These three witnesses are the main star witnesses of the prosecution. No eye witness or public witness has been examined by the prosecution. PW1 SI Dalip Kumar who is the complainant and investigated the case has deposed that on 28.1.08 he alongwith HC Phool Singh, HC Bhup Singh, Ct.Yashbir etc were on patrolling duty in vehicle no. DL 1CJ 0568 being driven by HC Ram Kishan and they reached at fly over Chirag Delhi where one secret informer met him and informed that two boys who sell the fake currency notes will arrive opposite Saket Mall near Khirki village. He passed the information to Inspector who directed him to take action. He asked 4/5 public persons to join the raiding party but no one agreed. After briefing the staff they reached at the place of information. HC Bhup Singh was deployed as decoy customer and Ct. Yashbir as shadow witnesses. He handed over two currency notes of Rs.500/ of denomination no. 7AG 444946 and 8HF 213621 to HC Bhup Singh for dealing and handed over the same vide memo Ex.PW2/A. Decoy customer HC Bhup Singh and shadow witness Ct.Yashbir went ahead and took position at the bus stand. He has furhter deposed that at about 5.45 p.m two boys came from the side of Khirki village on foot and secret informer pointed out towards them and went away. At about 6 p.m Ct. Yashbir gave predecided signal by rubbing the head with hand. He with the help of staff apprehended those two boys whose names came to know as Ravi Kumar and Jaspreet. HC Bhup Singh State Vs.Ravi etc FIR no.84/08 Page No. 10 of 27 handed over 30 currency notes of Rs.100/ each which were given to him by accused Ravi in lieu of genuine notes. All these notes were of same sr.no. 8MD 395619. On search of accused Ravi two notes of Rs.500/ which were given by him to HC Bhup Singh for dealing were recovered from pocket of his shirt and further 10 currency notes bearing no. 8MD 395616 were recovered. Subsequently from accused Jaspreet Singh 57 currency notes of number 8MD 395615 of Rs.100/ each in denomination were recovered which appeared to be fake. He sealed the said notes in separate pullandas and seized vide memo Ex.PW2/B,C,D and E. The accused could not give satisfactory reply regarding possession of fake currency notes. He prepared rukka Ex.PW2/F and got the case registered through Ct. Yashbir. Seal after use was given to Ct. Yashbir. He arrested the accused vide arrest memo Ex.PW2/G&H and conducted the personal search vide memo Ex.PW2/J&K. Accused made disclosure statement which are Ex.PW2/L&M. He has further stated that on the basis of disclosure statement accused persons led the police to H.No. SII/107 Old Mahavir Nagar and got recovered computer, Monitor make Samsung, one CPU, HP Printer Laserjet, 52 to 60 paper kept in tray and 18 papers printed with currency notes of Rs.100/,one key board and one scanner of HP which were seized vide memo Ex.PW2/N. He prepared the site plan Ex.PW2/O. Subsequently the case was transferred to SI Aishveer. He identified the two currency notes of Rs.500/ Ex.PW2/P1, 30 currency notes bearing no. 8MD 395619 as Ex.PW2/P2, 10 currency notes of Rs.100/ each bearing no. 8MD 395616 as Ex.PW2/P3, 57 State Vs.Ravi etc FIR no.84/08 Page No. 11 of 27 currency notes of Rs.100/ each bearing no. 8MD 395615 as Ex.PW2/P4, 18 printed sheets having pictures of Indian Currency notes of Rs.100/ Ex.PW2/P5. Monitor, printer/scanner, key board, CPU Ex.PW2/P6. I have also considered his cross examination. In cross examination PW2 has stated that he does not recollect the telephone number of the office of special staff on which he gave the information regarding raid to Inspector Special Staff. He asked 4/5 passersby to join the investigation but they refused showing their inability and went away from there without telling their names and addresses. He did not serve any notice to them. He handed over the two currency notes in denomination of Rs.500/ each to decoy customer from his own pocket VOL. Later on he applied for reimbursement from the investigation fund but till today he has not received the same. The secret informer is already known to him prior to this case. He admitted that he has not shown the position of secret informer as well as the decoy customer in site plan Ex.PW2/O. He denied the suggestion that accused Jaspreet has been falsely implicated in this case while he was refusing the become a witness in this case. The rukka Ex.PW2/F is not in his hand Vol. But same was in the hand of HC Phool Singh. The seal was returned to him after depositing the property in malkhana. The place of recovery i.e. computer and printer were under the tenancy of accused Ravi. He did not obtain the signatures of any higher officer on the currency notes which were given to Bhup Singh by him as Decoy witness. The currency notes were his personal money. He got transferred on 16.2.2008 so the case file was deposited by him to the State Vs.Ravi etc FIR no.84/08 Page No. 12 of 27 office of special staff. He does not recollect whether DD no.6 was in his handwriting or not. The computer and printer were recovered from the rented premises/house of Ravi Kumar and some lady was landlady of the said premises occupied by accused Ravi Kumar. No public persons joined at the time of recovery. He did not collect any document in respect of ownership of the rented premises.
18. In view of the deposition made by PW2 SI Dilip Kumar I have also perused and taken into consideration the testimonies of PW4 Ct. Yashvir Singh and PW6 HC Bhup Singh. PW6 HC Bhup Singh is the decoy customer and PW4 Ct. Yashbir Singh. PW2,4 & 6 were on patrolling in vehicle no. DL1CJ0568 and near Chirag Delhi Flyover, secret information was given to PW2 SI Dalip Kumar which was conveyed to Inspector of Special Staff on whose direction these police officials reached at bus stand Khirki village. All the three Pws have corroborated the version of each other in this respect. They have further corroborated that HC Bhup Singh was deployed as decoy customer and Ct. Yashvir was deputed as shadow witness. PW2 has stated that he handed over two notes of Rs.500/ each to HC Bhup Singh for deal with accused persons and this version has also been stated by PW4 as well as PW6. PW2,4 & 6 have further corroborated the version of each other that around 6 p.m two boys arrived at the bus stand and on identification by informer, HC Bhup Singh introduced himself and started talking and State Vs.Ravi etc FIR no.84/08 Page No. 13 of 27 struck the deal. PW6 HC Bhup Singh has stated that when the deal was OK he handed over two genuine currency notes of Rs.500/ each to one boy name came to know later on as Ravi and he handed over him 30 fake currency notes in denomination of Rs.100/ each in lieu of two currency notes of Rs.500/ each. PW4 Ct. Yashbir has stated that after the deal was struck he gave the predecided signal and thereafter the accused persons were apprehended. The memo for handing over the notes is Ex.PW2/A bears the signatures of HC Bhup Singh and Ct. Yashbir and the number of currency notes are mentioned as 7AG 444946 and 8HF 213621. The same notes were recovered from accused Ravi Kumar vide seizure memo Ex.PW2/B after his apprehension. The notes have been produced in the court and identified as Ex.PW2/P1. So, seizure memos stand proved and prosecution has established that two currency notes of Rs.500/ were handed over to HC Bhup Singh by PW2 SI Dalip Kumar which were later on after apprehension recovered from accused Ravi. PW6 HC Bhup Singh who is the decoy customer has further stated that another person Jaspreet name came to know later on has also disclosed to him that he is also having some fake currency notes. PW4 has also corroborated the version of PW6 and stated that second accused Jaspreet had said that he was also in possession of fake Indian currency if required to be exchanged with genuine currency in the deal. PW1 SI Dalip has recovered 57 currency notes form Jaspreet Singh which were bearing same serial number i.e. 8MD 395615 of Rs.100/ each which appeared to be fake. The seizure memo of 57 notes is Ex.PW2/E. The notes were State Vs.Ravi etc FIR no.84/08 Page No. 14 of 27 produced in the court and exhibited as Ex.PW2/P4 and identified by the witnesses. The seizure memo also bears the signatures of Jaspreet and witnessed by HC Bhup Singh and Ct. Yashbir. So, the seizure memo Ex.PW2/E stand proved and it has been established by the prosecution that 57 currency notes were recovered from accused Jaspreet which were fake because these were of same serial number. It has further been stated by PW2,4&6 HC Bhup Singh handed over 30 fake currency notes to SI Dalip which were given by accused Ravi in deal in lieu of two currency notes of Rs.500/ each. The seizure memo of the same is Ex.PW2/C and said fake currency has been produced in the court and exhibited as Ex.PW2/P2 and identified by the witnesses. The seizure memo bears the signatures of Ravi alongwith HC Bhup Singh and Ct. Yashbir. It has been proved that the said 30 currency notes were handed over by HC Bhup Singh which were given by accused Ravi in lieu of Rs.1000/. These notes were appeared to be fake since these were bearing same serial number 8MD 395619. It has further come in the evidence that 10 more notes of Rs.100/ each in denomination were also recovered from accused Ravi after his apprehension which were seized vide memo Ex.PW2/D. All the three Pws i.e. PW2,4&6 have corroborated the version in this respect also. The seizure memo Ex.PW2/D bears the signatures of accused Ravi and PW6 HC Bhup Singh and PW4 Ct. Yashbir. These recovered notes were identified by these witnesses in the court as Ex.PW2/P3. The notes were bearing same serial number 8MD 395616. Therefore it was crystal clear that these were fake currency State Vs.Ravi etc FIR no.84/08 Page No. 15 of 27 notes and prosecution has established that 10 more fake currency notes were recovered from accused Ravi.
19. PW2 SI Dalip has further stated that the accused could not give the satisfactory answer regarding possession of fake currency notes and he prepared rukka Ex.PW2/F at about 7.45 p.m and handed over the same to Ct. Yashbir for registration of the case. PW4 Ct. Yashbir has also stated that rukka was handed over to him and he got the case registered. PW3 HC Hari Ram is the FIR recorder and he has stated that SI Dalip Kumar sent rukka through Ct. Yashbir and he recorded FIR u/s 489B and C. The copy of FIR is Ex.Pw3/A. Cross examination of PW3 has been done just to create contradictions. A suggestion has been put by Ld. Defence counsel which was admitted by PW3 that IO of this case is SI Dalip and FIR was registered on his complaint. From the record it is clear that SI Dalip has conducted the initial investigation and FIR was also registered on his complaint. But after conducting the raid and apprehension of accused persons, second IO SI Aishveer has also conducted investigation and filed the challan. It is well settled law observed by the Hon'ble Supreme Court that the complainant police official can conduct the investigation. So, plea of defence counsel cannot sustain and I am of the view that the FIR Ex.PW3/A stand proved. State Vs.Ravi etc FIR no.84/08 Page No. 16 of 27
20. PW2 SI Dalip has further stated that he arrested the accused Ravi vide memo Ex.PW2/G and accused Jaspreet vide memo Ex.PW2/H and conducted their personal search vide memo Ex.PW2/J &K. The arrest of accused persons has not been disputed. So, arrest memo Ex.PW2/G&H stand proved. Further PW2,4 &6 have corroborated regarding recording the disclosure statement of accused Ravi and Jaspreet which are Ex.PW2/L and M. I have also perused the said disclosure statement. On basis of disclosure statements accused persons led the police party to the tenanted premises of accused Ravi at H.No.S II/107 Old Mahavir Nagar, and from one room at first floor got recovered computer monitor make Samsung, one CPU, HP Printer laserjet, some papers and 18 paper printed papers with currency notes of Rs.100/. One key board and one scanner of HP which were seized vide memo Ex.PW2/N. So, on the basis of disclosure statements, above case property was seized by which the accused used to print the fake currency notes. Even 18 sheets of printed fake currency notes of Rs.100/ each were recovered. The room in question was of Ravi and it was rented premises. So, recovery has been effected on the basis of disclosure statement and hence disclosure statements of accused persons are admissible in evidence.
21. I have also perused the cross examination of all the witnesses and particularly the cross examination of PW2,4 7 6. PW4 in cross State Vs.Ravi etc FIR no.84/08 Page No. 17 of 27 examination has stated that accused Ravi had handed over 30 currency notes of Rs.100/ each in denomination to HC Bhup Singh in lieu of Rs. 1000/ which were subsequently handed over to IO. Further 10 notes were recovered from Ravi and 57 from Jaspreet. By putting these question it has been admitted that the currency notes were recovered from the accused persons. PW4 has further stated in cross examination that computer etc were recovered at 11.30 p.m and they went to the tenanted premises of accused Ravi and recovery was effected from there. So, the defence itself has admitted that the recovery of computer etc was effected from the tenanted premises of accused Ravi. PW2 has stated that he handed over the two currency notes to decoy customer from his own pocket VOL. He applied for reimbursement from the investigation fund but till today he did not receive the same. He denied the suggestion that accused Jaspreet has been falsely implicated in this case as he refused to become a witness in this case. By putting this suggestion it has been admitted on behalf of the accused persons that they were present at the spot i.e. bus stand of Khirki village and recovery of fake currency notes was effected from them. Remaining cross examination of these Pws is quite formal and has been done just to create contradictions. The contradictions found in the testimonies of the main star witnesses i.e PW2,4 & 6 are of trivial nature which can be natural and possible due to lapse of time and these contradictions can be ignored rightly by the court in view of the observation of case law Asha @ Ashanand & Ors.etc. Vs. The State of Rajasthan, 1997 (2) CC Cases SC 155. Even the case State Vs.Ravi etc FIR no.84/08 Page No. 18 of 27 of the prosecution has further been strengthened by conducting the cross examination of the prosecution witnesses.
22. Ld. Defence counsel has taken the plea that landlady has not been cited as witness. In cross examination conducted on behalf of accused Ravi by the Ld. Defence counsel the witness PW2 SI Dalip has stated that the computer and printer were recovered from the rented premises/house of Ravi Kumar and some landlady was the owner of the said premises occupied by the accused Ravi Kumar. It has not been brought on record that the said lady was also residing there or not. Even the accused has not tried to examine the landlady in his defence to bring the truth about recovery. So, the plea of the Ld. Defence counsel cannot sustain.
23. Another submission of the Ld. Defence counsel is that no independent witness has been joined in in the investigation at the time of recovery of fake currency notes as well as the time of recovery of computer, printers etc. PW2 has stated that he asked 4/5 passers by but they refused and went away and no one agreed, showing their inability and without wasting time they proceeded to the spot. At the rented premises no public witness was joined at the time of recovery. It is crystal clear that in the present case no public witness has been joined in State Vs.Ravi etc FIR no.84/08 Page No. 19 of 27 the investigation at the time of recovery or apprehension of accused persons. The accused persons have not taken any step to lodge complaint with higher police officials stating that no recovery has been effected from them. In view of the facts and circumstances of the case and recovery of fake currency notes from accused persons, the case of the prosecution cannot be kept aside on this score alone. The plea of ld. Defence counsel is therefore cannot sustain.
24. Another submission of the Ld. Counsel for the accused is that the case property has not been sent to FSL.The prosecution has examined PW8 Ms. Deepa Verma, Director Documents, FSL Rohini and 97 fake Indian currency notes bearing no. 8MD 395619 (30 notes), 8MD 395616 (10 Notes) and 8MD 395615 (57 notes) were produced before her in the court and she has clearly stated that these are fake Indian Currency notes. PW5 Insp. Aisveer Singh who is the second IO has tendered the result of Currency Note Press, Nasik which is Ex.PW5/C. The said result has also been seen by PW8 Ms. Deepa Verma, Astt. Director and she has stated that she is in the agreement with the opinion given in the report. The report Ex.PW5/C clearly demonstrate that the referred suspected notes are Counterfeit Notes. As per Ex.PW5/A, 97 notes were sent to Currency Note Press and same number of notes were recovered at the spot. So, the version of PW8 and report Ex.PW5/C corroborates and it is emphatically clear that the currency notes recovered from the accused persons were State Vs.Ravi etc FIR no.84/08 Page No. 20 of 27 fake. In view of the report of Currency Note Press, I am of the view that there was no need to send the Monitor, Printer, etc. for examination in FSL.
25. Another submission of the Ld. Defence counsel is that accused Jaspreet has been falsely implicated as he refused to become witness. Firstly by putting this suggestion to PW2, it has been admitted by the defence that accused persons were present at the spot on the day of incident and recovery of fake currency notes was effected from co accused Ravi. Accused Jaspreet had no enmity with the police officials to implicate him falsely. Secondly if he was implicated falsely in the case, he was free to make complaint before the higher police officials. But no such complaint has been brought on record. Accused Jaspreet has examined DW1 Charanjeet Singh and he has stated that Jaspreet is an honest gentleman and he used to visit his house thrice or four times a week. This witness used to sit on the electric shop owned by Balkishan Khaneja which is a private job. The working hours has been stated to be 10 a.m to 8 or 8.30 p.m. DW1 has not stated as what is the profession of accused Jaspreet. So, it is not believable that DW1 used to visit thrice or four times in the house of accused Jaspreet.
26. Ld. Defence counsel has relied upon case Law 2000 CRI. L.J. 3748, Karunakaran Nadar Vs. State it is stated that : 'Penal Code (45 of 1860) - S.489C - Offence of possessing forged State Vs.Ravi etc FIR no.84/08 Page No. 21 of 27 currency notes - Accused had no intention to use them as genuine - Mere look at notes not showing them to be counterfeit notes - presumption that notes in possession of accused were counterfeit cannot be drawn - accused cannot be convicted for offence u/s 489C.
27. In order to constitute the offence u/s 489C the essential ingredients are :
1) There must be a forged or counterfeit currency note or bank note;
2) The accused must be in possession of it
3) The accused must know or has reason to believe that such note is a forged or counterfeit one.
4) The accused must intend to use it as genuine or that it may be used as genuine.
28. In the present case PW2, 4 and 6 have clearly stated that accused Jaspreet has also stated that he had some fake currency notes if required to be exchanged with genuine currency in the deal. The notes after recovery was found to be of same serial number. So, accused had intention to use them as genuine and on mere look they were found counterfeit as bearing the same serial number. So, with due respect this case law is not applicable to the present facts and circumstances of the case.
29. It is stated in case Law 1972 CRI L.J 292 (V 78 C 68) Karim Kunju Vs. State that : 'Penal Code (1860), Sec. 489B - The offence under Section 489B is committed only when the false currency is distributed as if it is genuine currency'.
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30. In this case charge has been framed u/s 489B and C against both the accused persons. Sec.489B contemplates - Using as genuine, forged or counterfeit currency notes or bank notes. Sec. 489C contemplates - Possession of forged or counterfeit currency notes or bank notes. As per the deposition of PW2 SI Dalip complainant, PW4 Ct. Yashvir shadow witness and PW6 HC Bhup Singh decoy customer, it has been established by the prosecution that accused Ravi has handed over Rs.3000/(fake currency) in lieu of Rs.1000/ (genuine currency) to HC Bhup Singh and thereafter 10 more fake currency notes of Rs.100/ each were recovered from him. All the notes were of same serial number. So, the prosecution has proved the charge u/s 489B and 489C against accused Ravi. Further there is evidence that accused Jaspreet was found possessing 57 currency notes of Rs.100/ each in denomination of same serial number. However, there is no evidence adduced by the prosecution that he has used these notes as genuine. So, section 489B is not made out against accused Jaspreet. However, there is evidence against accused Jaspreet for the commission of offence punishable u/s 489C.
31. As a sequel to my findings above, I am of the opinion that the prosecution has failed to prove the case u/s 489B against accused Jaspreet and therefore he is acquitted u/s 489B IPC. However, there is substantive piece of evidence against accused Ravi Kumar for the commission of offence punishable u/s 489B and C IPC and there is also State Vs.Ravi etc FIR no.84/08 Page No. 23 of 27 evidence for the commission of offence punishable u/s 489C against accused Jaspreet. I, therefore hold accused Ravi Kumar guilty for the commission of offence punishable u/s 489B & C IPC and accused Jaspreet is also held guilty for the commission of offence punishable u/s 489C IPC and they are convicted thereunder.
Announced in the open Court on 06.05.2011.
(SURESH CHAND RAJAN) ADDL.SESSIONS JUDGE (Fast Track CourtNew Delhi and South East District) NEW DELHI State Vs.Ravi etc FIR no.84/08 Page No. 24 of 27 IN THE COURT OF SH.SURESH CHAND RAJAN ADDITIONAL SESSIONS JUDGE, FAST TRACK COURT, (New Delhi & South East District) PATIALA HOUSE COURTS, NEW DELHI SC No.23/10 FIR No.84/08 U/s 489B, 489C IPC PS Malviya Nagar State Vs.
1. Ravi Kumar s/o Mahender Pratap
2. Jaspreet Singh s/o Kuldeep Singh ..........Accused ORDER ON THE POINT OF SENTENCE Accused Ravi Kumar has been held guilty for the commission of offence punishable u/s 489B&C and accused Jaspreet Singh has been held guilty for the commission of offence punishable u/s 489C IPC and they are convicted thereunder vide Judgment dated 06.05.2011.
2. I have heard the Ld. counsel for the accused as well as accused/convicts on the point of sentence. During the course of arguments it has been submitted on behalf convict Ravi that he is young State Vs.Ravi etc FIR no.84/08 Page No. 25 of 27 boy of 25 years of age. He is unmarried. His father is aged about 60 years and mother is aged about 55 years. He has two younger unmarried brother and they are still unemployed. It has further been submitted that he is the first offender. There is no case registered against him in any court of law nor he has been convicted earlier. He has the burden of his old aged parents. He has been languishing in jail for consideration period of time So, lenient view may be taken against the accused/convict.
3. It has been submitted on behalf of convict Jaspreet that he is young boy of 21 years of age. He is newly married. His father is aged about 55 years and mother is aged about 45 years. He has two sisters of marriageable age, one aged about 23 years and another 18 years. His father is daily wager and doing the job of white washer. So,he has burden of his sisters who are yet to be married as well as his parents. He is only the earning members in the family. It has further been submitted that he is also the first offender. There is no case registered against him in any court of law nor he has been convicted earlier. He remained in jail in this case for about one year. It has further been submitted that the wife of accused is on her family way and she has four months pregnancy. Ld. Counsel produced some papers regarding pregnancy of the wife of convict and prayed that lenient view may be taken against the accused/convict.
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4. Keeping in view the facts and circumstances of the case, and the act done by the convicts, I am of the view that they are not entitled to any leniency. In view of this and since convicts have used the counterfeit notes which directly hit the economy of the country, accused Ravi Kumar and Jaspreet Singh are ordered to undergo RI for Five years and to pay fine of Rs.10,000/ each u/s 489C IPC and in default of payment of fine to further undergo SI for three months.
5. Convict Ravi Kumar is further ordered to undergo RI for Seven years and to pay fine for Rs.15,000/ u/s 489B IPC and in default of payment of fine to further undergo SI for Six Months.
6. Both the sentence of convict Ravi Kumar shall run concurrently. The benefit of sec.428 Cr.P.C be given to both the convicts. Copy of this order on the point of sentence and copy of Judgment be given to the convicts free of cost. It is ordered accordingly. File be consigned to record room.
Announced in the open Court on 10.05.2011.
(SURESH CHAND RAJAN) ADDL.SESSIONS JUDGE (Fast Track CourtNew Delhi and South East District) NEW DELHI State Vs.Ravi etc FIR no.84/08 Page No. 27 of 27 State Vs.Ravi etc FIR no.84/08 Page No. 28 of 27