Delhi District Court
State vs . Jagdev Singh Etc on 25 June, 2022
IN THE COURT OF SH. DEEPAK KUMAR-I,
ACMM (NORTH WEST), ROHINI COURTS, DELHI
STATE VS. JAGDEV SINGH ETC
FIR NO. 402/2001
PS: Jahangir Puri
U/s: 120B/420 IPC
U/s 51 of Standard of Weight &
Measure Act r/w 120B IPC
Case ID No. : 535428/2016
Date of commission of offence : 26.05.2000
Date of institution of the case : 15.12.2001
Name of the complainant : R.S. YADAV
R/o- Samaipur Badli, Delhi.
Name of accused and address : (1) JAGDEV SINGH S/o-
Arjun Singh, R/o- I-33,
Jahangir Puri Delhi.
(2) JODH SINGH
S/o- Raja Singh,
(proceedings abated)
(3) VIJAY KUMAR S/o-
Chander Pal, R/o- K-502,
Wazirpur J.J. Colony, Ashok
Vihar, Delhi.
(4) BALBIR SINGH S/o- Teja
Singh, R/o- D-1/8, Model
Town-III, Delhi.
(5) RAGHUNATH
S/o- Kishori Lal,
(proceedings abated)
Offence complained of : U/s 120B/420 IPC and U/s 51 of
Standard of Weight & Measure Act
r/w 120B IPC
Plea of the accused : Pleaded not guilty
Date on which reserved for judgment : 10.06.2022
Date of announcing of judgment : 25.06.2022
Final Order : ACQUITTED
Digitally signed
by DEEPAK
CASE No. 535428/2016 DEEPAK KUMAR
FIR No. 402/2001 KUMAR Date:
2022.06.25
16:48:00 +0530
State Vs. Jagdev Singh Etc
PS- Jahangir Puri page No. 1/16
BRIEF REASON FOR DECISION:
1. The accused persons have been sent to face trial U/s 120B/420 IPC
and U/s 51 of Standard of Weight & Measure Act r/w 120B IPC, on the
allegations that on 26.05.2000 or thereabout, all accused persons entered
into a criminal conspiracy to cheat the customers/ public at large coming to
Libra Filling Station petrol pump, GT Karnal road, Delhi by supplying
short to the customers diesel/ petrol dispense at the filling station by
tampering in the number of garari in the machine by changing word '1' into
'0' and short supplying diesel/ petrol to the extent of 20%, petrol pump
being owned by accused Balbir Singh (amended vide order dated
18.04.2019) and others working as Manager, Salesman etc at the filling
station thereby committing offence U/s 120B r/w 420 IPC. Secondly,
during the abovesaid period, at the abovesaid place, all accused persons, in
pursuant to abovesaid criminal conspiracy, tampered with the working
standard of Libra Filling Station Petrol Pump, GT Karnal road, Delhi and
thereby committed an offence U/s 51 of the Standard of Weight and
Measure Act r/w 120B IPC.
2. Charge for the offences U/s 120B/420 IPC and U/s 51 of Standard of
Weight & Measure Act r/w 120B IPC was framed against all the accused
persons on 18.02.2002 to which they pleaded not guilty and claimed trial.
3. During prosecution evidence, 14 witnesses have been examined.
4. Vide order dated 21.07.2011, proceedings qua accused Raghunath
and vide order dated 28.02.2022, proceedings qua accused Jodh Singh were
abated. Accordingly, this judgment is passed qua the remaining accused
persons. Digitally signed
by DEEPAK
DEEPAK KUMAR
Date:
KUMAR 2022.06.25
CASE No. 535428/2016 16:48:05
+0530
FIR No. 402/2001
State Vs. Jagdev Singh Etc
PS- Jahangir Puri page No. 2/16
5. PW1 Constable Rishi Raj deposed that on 11.09.2001, he was
posted as constable at Crime Branch office. On that day, he joined the
investigation of this case and he alongwith IO had gone to the house of
Raghunath F-1638, Jahangirpuri, Delhi. Accused Raghunath was arrested
in this case vide arrest memo/ personal search memo Ex. PW1/A.
6. PW2 M.L. Ahuja deposed that on 12.06.2001, he was working as
Zonal Officer, Rate and Measure Department, Subzi Mandi Branch. On that
day, he was called at Crime Branch office, Adarsh Nagar. Pursuant thereto,
he reached at about 7.00 pm. At that time, Rakesh Kumar Arora, Dy. Sales
Manager (IOC) also came at Crime Branch Office. Inspector Ran Singh
told about the complaint of Libra Filling Station regarding dispensation of
less quantity of petrol and diesel. On this, IO organized a raiding party and
he alongwith Rakesh Kumar Arora joined the raiding party besides other
police officials and left for Libra filling station. IO had also asked 4/5
public persons to join the raiding party but none agreed. He checked the
petrol and diesel dispensing units with 5 litres standard measure in the
presence of Jagdev Singh. Dispensing units were (1) MIDCO S.L.N. 9677
of HSD make Midco which was in running condition and being operated
by Vijay Kumar and Jodh Singh. On casual search of this unit, there was
tampering in the meter reading and on this meter digit, '1' was converted
into '0' and 8 measure of 5x were taken from this unit and on the reading
figure comes 50 while in actual only 40 litres diesel was delivered by the
machine and these 40 litres diesel was put into two canes of twenty litres
each and sealed with the seal of RK while the unit No. 2 midco S.no. 1719
was out of order and unit no. 3 serial no. 968036 was also out of order and
L&T dual HSD machine out of which right side was out of order. Unit No.
5 L&T dual HSD was 'OK'. Unit no. 6 zed-line serial No. 1444 was OK.
Unit no. 7 Z-line serial no. 1970 was 'OK'. Unit no. 8 z-line serial no. 1959
CASE No. 535428/2016 Digitally signed by
DEEPAK DEEPAK KUMAR
FIR No. 402/2001 KUMAR Date: 2022.06.25
16:48:10 +0530
State Vs. Jagdev Singh Etc
PS- Jahangir Puri page No. 3/16
was also 'OK'. Unit No. 9 z-line serial No. 958304 was also 'OK'. The
further deposition of witness is reproduced as below:- All the tanks of the
filling station were and the seal was intact. A joint report was prepared
alongwith Rakesh Kumar Arora and Ram Kumar, Foreman removed the
tampered part of non-computer diesel machine make Veedar having
reading 197 837.4 and 50 figures on casual meters was put into panni and
converted into a pulanda and sealed with the seal of RK.
Witness further deposed that in this way accused persons provided
less quantity of diesel to the purchaser. The joint report is Ex. PW2/A
which bears his signature at point A. Two canes having 20 litres diesel is
each were seized through seizure memo Ex. PW2/B. Accused persons
cheated the public persons by providing less quantity. PW2 identified the
case property Ex. P1 to P3.
7. PW3 HC Devender deposed that on 12.06.2001, he was posted as
DO at PS- Jahangirpuri. On that day, he received rukka through Ct. Rajbir
Singh sent by ASI Rakesh Kumar on which he recorded FIR No. 402/01.
Carbon copy of which is Ex. PW3/A. FIR is in his handwriting. He made
endorsement on the rukka Ex. PW3/B. His duty hours were from 4.00 pm
to 12.00 pm night. FIR is in his handwriting (OSR).
8. PW4 Rakesh Kumar Arora deposed that on 12.06.2001, he was
posted as Dy. Manager (Sales) in the Indian Oil Corporation. On that day,
he was called at Crime Branch, Adarsh Nagar, Delhi at around 7.00 pm and
Mr. M.L. Ahuja, Zonal officer, weight and measure department, Delhi
government was present at the crime branch office and Inspector Ran singh
introduced him to M.L. Ahuja and also told about the complaints against
the Libra petrol pump regarding less supply of petrol and adulteration of
petrol. Inspector Ran Singh organized a raiding party of M.L. Ahuja,
CASE No. 535428/2016 Digitally signed
FIR No. 402/2001 DEEPAK
by DEEPAK
KUMAR
State Vs. Jagdev Singh Etc KUMAR Date:
2022.06.25
16:48:14 +0530
PS- Jahangir Puri page No. 4/16
himself and other persons and reached at Libra filling station petrol pump
around 7.30 pm and checking was carried out. During checking, IO asked
4/5 public persons to join the raiding party but none agreed and left the
place without telling their names and addresses and in the presence of
Jagdev Singh, Manager of the petrol pump, high speed diesel, unleaded
petrol was measured with 5 litre measurement machine no. 1 having no.
9677 make Midco, on which Vijay Kumar was working as helper and Jodh
Singh as a salesman. This machine was checked and found reading/ display
of machine no. 9677 tampered as the tens figure of the machine was forged
in double zero i.e. the meter was showing in place of the reading which
should become 10. A photograph of this machine was also obtained and
M.L. Ahuja took 8 measures of 5-5 litres and the reading of the meters was
50 litre hence, the meter of this machine was showing access of ten litres
against the actual delivering of 40 litres. In other words, 10 litres less petrol
was being delivered to the public by forging the figure on the meter reading
machine and these eight measures of five litres were kept into two canes of
20 litre each and the mouth of canes were tied with a piece of cloth after
affixing the seal of RK. The Midco having serial no. 1719 and Avery serial
no. 968036 were out of order which was on ULP and L&T MSDC machine
on right side was out of order and L&T dual HSDC machine was OK and
Z-line No. 1444 and 1979, 1959 were on ULP and OK. All the tankers were
found correct and seal on tankers were intact. Joint inspection report
alongwith M.L. Ahuja is Ex. PW2/A. The non-computer of the erring
machine of 9677 on which figure was tampered one with reading 1978378-
4 was also seized by removing from the petrol outlet machine in wrapped
pullanda and 40 litres of diesel (each case of 20 litres) were seized vide
seizure memo Ex. PW2/B. Non computer diesel reading machine of
machine No. 9677 was seized vide memo Ex. PW4/A and photographs are
MARK 'A' to MARK 'L' and negatives are MARK 'M colly'. PW4
identified the case property i.e., Ex. P1 to P3.
Digitally
signed by
DEEPAK
DEEPAK KUMAR
CASE No. 535428/2016 KUMAR Date:
2022.06.25
FIR No. 402/2001 16:48:17
+0530
State Vs. Jagdev Singh Etc
PS- Jahangir Puri page No. 5/16
9. PW5 Ram Kumar Awasthy deposed that in year 2001, he was
posted as Foreman in the Indian Oil Corporation Ltd and posted at Delhi
Divisional Office of the IOC. Rakesh Kumar Arora was Deputy Manager
(Sales) in IOC. On 12.06.2001, he joined investigation of this case
alongwioth Rakesh Kumar Arora and reached at Libra Filling Station, GTK
road, Delhi at about 7.30 pm where M.L. Ahuja, Zonal Officer of Weight
and Measures Department of Delhi was present. On machine No. 9677
make Midco, Vijay Kumar was helper and Jodh Singh was the salesman.
Manager Jagdev Singh was called as there was some tampering with the
said machine and ten figure of litre I.e. figure one was tampered into zero
figure on machine No. 9677. M.L. Ahuja drawn eight measures of five
litres each from the said machine and as per the meter reading, figure was
50, however, 40 litres were delivered against the figure of 50 litres in the
meter. The said 40 litres was put into two canes of 20 litres each and sealed
withs seal of RK and the non-computer diesel machine make Scotland no.
381049-MP-1615 with general meter reading 1978378.4 with a casual
meter reading 50 was taken into possession. Joint inspection report Ex.
PW2/A was prepared. During joint inspection at Libra filling station,
besides other officials of IOC, M.K. Mehdiratta AM(E) was also member
of the joint inspection. PW5 identified the case property Ex. P1 to P3.
10. PW6 Constable Rishipal Singh deposed on 07.08.2001, he was
posted at Crime Branch and joined investigation of the present case
alongwith ASI Rakesh Kumar. On that day, accused Balbir Singh was
arrested vide memo Ex. PW6/A. On 29.10.2001, Pradeep Kumar, an
employee of Libra Filling Station produced the photocopy of pay-roll of
Jan-2001 to May-2001 which is Ex. PW6/B which was seized vide memo
Ex. PW6/C.
Digitally
signed by
DEEPAK
DEEPAK KUMAR
KUMAR Date:
2022.06.25
16:48:21
+0530
CASE No. 535428/2016
FIR No. 402/2001
State Vs. Jagdev Singh Etc
PS- Jahangir Puri page No. 6/16
11. PW7 Constable Mukesh Kumar deposed that on 17.07.2001, he
was posted at Crime Branch, Ashok Vihar and joined investigation of this
case. On that day, accused Balbir Singh produced one register having
entries of those persons who borrowed oil from Libra Filling Station, GTK
road, Delhi on five pages which were seized vide memo Ex. PW7/A. The
five pages are Ex. PW7/B. On 20.08.2001, accused Balbir Singh was
arrested vide memo memo Ex. PW7/C and his personal search was
conducted vide memo Ex. PW7/D.
12. PW8 Constable Rajbir Singh deposed that on 12.02.2001, he
alongwith SI Ram Avtar Sharma, Inspector Ran Singh, ASI Rakesh Kumar
and Ct Rishiraj, Vishal Singh and Mukesh were present at Libra Filling
Station, GTK road, Delhi. There SI Ram Avtar Sharma gave tehrir and he
took the same to PS- Jahangirpuri and got registered FIR. Thereafter, he
returned back at the spot and handed over the copy of FIR and original
tehrir to the IO.
13. PW9 SI Ram Avtar deposed that on 12.06.2001, he was posted at
Special Team, Crime Branch, Adarsh Nagar. On that day, at about 7.00 pm,
ASI Rakesh Kumar was having complaint of adulteration and short
delivery of diesel and petrol by Libra Filling station. Rakesh Kumar Arora
from IOC and M.L. Ahuja from Weight & Measures Department, Delhi
was also present. Thereabout, he contacted Inspector Ran Singh who
constituted raiding party with the said persons alongwith other police
officials and at about 7.15 pm, reached Libra filling station. 2-4 public
persons were asked to join the raiding party but none agreed. Thereabout,
M.L. Ahuja and Rakesh Arora inspected machine No. 9677 made Midco
and found it tempered. At that time, Vijay Kumar was helper and Jodh
CASE No. 535428/2016 Digitally signed by
DEEPAK
FIR No. 402/2001
DEEPAK KUMAR
KUMAR Date: 2022.06.25
16:48:26 +0530
State Vs. Jagdev Singh Etc
PS- Jahangir Puri page No. 7/16
Singh was salesman on said machine. ASI Rakesh Kumar photographed the
said machine. M.L. Ahuja took eight samples of five litres from the said
machine in two canes of 20 litres each and sealed with seal of RK. The
machine has shown quantity of 50 litres but it was observed that the right
side ten's place digit was zero. All the aforesaid persons were interrogated
and disclosed that they tempered digit one to zero with help of pin on the
shining silver garari. Joint inspector report was prepared and handed over
to ASI Rakesh Kumar. Thereafter, machine was separated by foreman Ram
Kumar and sealed with seal of RK and taken into possession. At that time,
reading of machine was 50. Seizure memo of diesel is Ex. PW2/B, machine
Ex. PW4/B, joint inspection report is Ex. PW2/A. ASI Rakesh prepared
rukka after making endorsement on the complaint and sent Ct Rajbir to PS-
Jahangirpuri for registration of FIR. Stock register was also seized vide Ex.
PW9/A. Accused were arrested and personally searched vide memos Ex.
PW9/B to Ex. PW9/D. Disclosure statements of accused persons are Ex.
PW9/E to Ex. PW9/G. Photographs of machine is MARK A to L. On
12.06.2001, accused persons namely Jagdev Singh, Jodh Singh, Vijay
Kumar were arrested in his presence vide memos Ex. PW9/H to PW9/K.
PW9 identified the case property Ex. P1 to P3.
14. PW10 M.K. Mehandiratta deposed that in June, 2001 he was
posted at Indian Oil WTC office, Delhi as Assistant manager. On
12.06.2001, he received information from Crime Branch regarding
complaint and was asked to visit Crime Branch office, Adarsh Nagar. He
and Rakesh Arora, Deputy Manager Sales went to Crime Branch office
alongwith foreman Ram Kumar where he was told that there was complaint
regarding short delivery of petrol by Libra filling Station. Thereabout, he
alongwith Rakesh Kumar and Crime Branch officials reached at Libra
filling station at GTK road, Azadpur. There machines of the filling station
were checked. Some public persons were also asked to join raid but none
CASE No. 535428/2016
Digitally signed by
FIR No. 402/2001 DEEPAK DEEPAK KUMAR
State Vs. Jagdev Singh Etc KUMAR Date: 2022.06.25
16:48:30 +0530
PS- Jahangir Puri page No. 8/16
agreed and all went away. On checking the machine, it was found that in
one machine 10's place one was converted to zero by applying grease. That
machine was checked by weight and measures officer by taking diesel in
five litres measurement eight times and meter of the machine was showing
50 litres and in two plastic canes, it was found 40 litres. The canes and
machine were handed over to police team. At the filling station, Manager
Jagdev Singh, one pump operator Jodh Singh and Vijay Kumar were
present. Joint inspection report Ex. PW2/A was prepared by weight and
measure zonal officer namely M.L. Ahuja. PW10 identified the case
property Ex. P1 to P3.
15. PW11 Gyaneshwar Tiwari deposed that in June 2000 to March
2002, he was working as Chief Divisional Manager, IOC at Delhi. In
consequence to the information sought by the police, he issued letter Ex.
PW11/A. The dealership of M/s Libra Filling Station at Azadpur was
terminated by the IOCL on the ground of malpractice. A letter Ex. PW11/B
was also issued. Photocopy of the agreement dated 19.11.1997 between
IOC and M/s Libra Filling Station is Ex. PW11/C (OSR).
16. PW12 Pradeep Kumar deposed that in year 2001, he was working
at Libra Filling Station, located near Azadpur, opposite Jahangirpuri. The
filling station was owned by Sardar Balbir Singh. He was working in the
field and supply of the diesel and petrol. He also gave cheques and other
documents; however, he does not remember whether he was called by the
owner to give some papers or not. He does not know whether IO recorded
his statement or not and do not know anything else. Ld. APP for the State
cross-examined this witness but nothing incriminating has come on record
in his cross-examination.
Digitally
signed by
DEEPAK
DEEPAK KUMAR
KUMAR Date:
2022.06.25
CASE No. 535428/2016 16:48:34
+0530
FIR No. 402/2001
State Vs. Jagdev Singh Etc
PS- Jahangir Puri page No. 9/16
17. PW13 Sanjeev Ralli deposed that in year 2001, he was posted as
Manager (Sales) in IOC, Delhi Divisional office. ON 29.10.2001, IO came
to his office at WTC Connaught Place, New Delhi and asked about the
constitution of firm namely M/s Libra Filling Station, Azadpur. He gave
written reply Ex. PW13/A. The copy of dealership agreement is Ex.
PW11/C. IO also made enquiry as to whether Balbir Singh had given any
letter regarding intimation of his visit abroad to which he replied that
Balbir Singh gave intimation to field officer vide letter dated 25.05.2001
and authorizing Manager Jagdev Singh to look after the pump in his
absence.
18. PW14 ASI Rakesh Kumar deposed that on 12.06.2001, he was
posted in Special Team, Crime Branch office, Adarsh Nagar. One complaint
of R.K. Yadav levelling allegations against Libra Filling Station, Sarai
Peepalthala regarding less supply of petrol was marked to him for inquiry.
It had been further alleged that when complainant again came to the said
filling station for making complaint of less supply of petrol, one Sardarji
present there quarreled with him and refused to hand over the complaint
register. On 12.06.2001, he called Zonal Officer, Weight & Measurement
Department, GNCT and also called Deputy Sales Manager and other
officers from IOCL. At 7.00 pm, the concerned officers from both the sides
reached his office and on the directions of his senior officers, a raiding
party was formed comprising of Inspector Ran Singh, SI Ram Avtar, SI
Dinesh, HC Hardesh, HC Naresh, Ct Sanjay, Ct Mukesh, Ct Rajbir, HC
Driver Narender Kumar, three officers from IOC and two officers from
Weight & Measurement Department. DD No. 24 was made in the DD
register and all the members of the raiding party left the office of Crime
Branch in government vehicle bearing registration No. DL 1CF 4248 for
the spot i.e. Libra Filling Station, Sarai Peepalthala. After reaching the spot,
4/5 public persons present at the petrol pump were requested to join raiding
CASE No. 535428/2016 Digitally signed
FIR No. 402/2001 DEEPAK
by DEEPAK
KUMAR
State Vs. Jagdev Singh Etc KUMAR Date:
2022.06.25
16:48:38 +0530
PS- Jahangir Puri page No. 10/16
party, however, none joined and went away without disclosing their
identity. M.L. Ahuja from Weight & Measurement and Rakesh Arora from
IOC checked the petrol/ diesel supply machines installed at Libra Filling
Station. There were six machines installed and on checking the diesel
machine No. 9677 Midco, Rakesh Arora stated that garari installed in the
said machine is tampered with by altering the figure one to zero by using
grease. M.L. Ahuja took diesel in the measure of five litres eight times i.e.
40 litres from the above said machine and it was observed that the machine
was reflecting the supply of 50 litre of diesel. The checking was done in the
presence of helper Vijay, salesman Jodh Singh and Manager Jagdev Singh
of the said filling station. The 40 litres diesel was kept in two canes of 20
litres each and sealed with seal of RK after wrapping cloth on their lids.
Both the canes were seized vide memo Ex. PW2/B. Zonal officer Rakesh
Arora and M.L. Ahuja prepared their reports. The machine was got
photographed. Ram Kumar, foreman of IOC removed part of the machine
(comprising of garari, reading box and motor) from the spot. At that time,
the reading box was reflecting figures as 1978378 and 50 litres. The
machine was kept in polythene and wrapped with cloth and sealed with seal
of RK. The machine was taken into possession vide memo Ex. PW4/A.
Accused Jodh Singh, Vijay and Jagdev were interrogated and arrested.
Again said, prior to arrest of accused persons, he made endorsement Ex.
PW14/A on the complaint of R.K. Yadav and handed over rukka to Ct
Rajbir Singh and sent him to PS- Jahangirpuri at about 9.45 pm for
registration of FIR. Ct Rajbir came back at the spot at about 10.30 pm with
copy of FIR. He recorded statement of M.L. Ahuja, Rakesh Arora and Ram
Kumar, foreman from IOC. All the abovesaid three accused persons were
formally arrested at about 11.35 pm vide memos Ex. PW9/H to Ex.
PW9/K. He also seized stock register from the filling station vide memo
Ex. PW9/A. On 18.08.2001, accused Balbir Singh produced one register
pertaining to credit sale to the bus and truck owners. Same was taken in to
Digitally signed
by DEEPAK
CASE No. 535428/2016 DEEPAK KUMAR
KUMAR Date:
FIR No. 402/2001 2022.06.25
16:48:42 +0530
State Vs. Jagdev Singh Etc
PS- Jahangir Puri page No. 11/16
possession vide memo Ex. PW1/A. He also obtained signatures of accused
Balbir Singh on five pages of this register. On 19.07.2001, he received
letter from IOC by which it was informed that accused Balbir Singh (owner
of Libra Filling Station) had gone abroad. On 01.08.2001, S.K. Gupta,
Assistant Sales Manager of IOC came to the O/o Crime Branch and
produced documents including dealer agreement Ex. PW11/C pertaining to
the allotment of Libra Filling Station in the name of accused Balbir Singh
and his wife. On 07.08.2001, he arrested accused Balbir Singh vide memo
Ex. PW6/A and recorded supplementary statement of Ct Mukesh. On
20.08.2001, he re-arrested accused Balbir Singh vide memo Ex. PW7/C as
his bail was cancelled by Hon'ble High Court. On 29.10.2001, he recorded
statements of M.K. Mehandiratta, Sanjeev Ralley and Ram Kumar,
foreman IOC. He also met Pradeep Kumar, one of the employees of Libra
filling station and took into possession the pay-roll for the period
commencing from January 2001 to May 2001 of all the employees working
at Libra Filling Station vide memo Ex. PW6/C. The copy of pay-roll is Ex.
PW6/B. On 23.11.2001, he recorded statement of complainant R.K Yadav
and prepared site plan Ex. PW14/B. Accused Jagdev, Vijay and Jodh Singh
were arrested on 12.06.2001 at about 11.30 pm. After completing the
investigation, charge-sheet was filed before the Court. PW14 identified the
case property Ex. P-1, P2, P3, PW14/C and PW7/B.
19. After the Prosecution evidence was closed, the entire incriminating
evidence was put to accused persons in terms of Section 313 Cr.P.C
wherein they denied the allegations and tendered explanation that they have
been falsely implicated in the present case and further stated that it is a
false case registered at the behest of inimical elements. They opted to lead
defence evidence. Vide order dated 01.04.2022, DE was closed as accused
persons failed to lead any defence evidence despite availing numerous
opportunities for the same. Digitally signed
by DEEPAK
CASE No. 535428/2016 DEEPAK KUMAR
Date:
KUMAR 2022.06.25
FIR No. 402/2001 16:48:45
+0530
State Vs. Jagdev Singh Etc
PS- Jahangir Puri page No. 12/16
ORDER:
20. In the present case, the case of the prosecution spins around the allegations that in pursuant to criminal conspiracy to cheat the public at large, all the accused persons short supplied the diesel/petrol to the customers by tampering with the Diesel/Petrol Dispensing Machine at Libra Filling Station petrol pump, GT Karnal Road, Delhi by altering in the number of garari in the machine by changing word '1' into '0'. The investigation into the case was alleged to be based on the complaint of one Sh. R.S. YADAV. As such the testimony of this witness was material one. However, this witness never stepped into witness box and was dropped from the list of the witnesses as he remained untraceable despite all the efforts. The very edifice on which the case of the prosecution rested remained unexamined and untested by the scrutiny of the law.
21. Prosecution has examined whole lot of other official witnesses to prove its case. I have carefully considered the above testimonies. It is fundamental principle of criminal jurisprudence that an accused is presumed to be innocent and therefore, the burden lies on the prosecution to prove the guilt of the accused beyond reasonable doubt. The general burden of establishing the guilt of accused is always on the prosecution and it never shifts.
22. From the testimony of official witnesses, it is crystal clear that there was complete lack of genuine and sincere effort on part of officials to join public witness to the proceedings despite the fact that place of alleged incident was a public place and public persons were available at the relevant point of time. Prosecution witnesses deposed that public person were asked to join the investigation but none agreed. It is well settled that the prosecution must show a genuine attempt having been made to join a public witness or that they were not available. At least in the facts and Digitally signed CASE No. 535428/2016 DEEPAK by DEEPAK KUMAR FIR No. 402/2001 KUMAR Date:
2022.06.25 State Vs. Jagdev Singh Etc 16:48:50 +0530 PS- Jahangir Puri page No. 13/16 circumstances of the case, in my opinion, IO could very well have served the public persons with notice in writing to join the police proceedings. However, no notice was served upon the public persons who allegedly refused to join the investigation, which creates a reasonable doubt on the prosecution version.
23. Not only this, the case property remained in control of police officials till the case property was deposited in the malkhana. Hence, tampering with the case property cannot be ruled out as the seal remained all along with the police officials. As per the case of the prosecution, the case property was sealed with the seal of RK. However, neither any handing over memo nor returning memo of the seal was prepared by IO. Thus, tampering can not be ruled out as sealed case property and accused were with the police officials till the time case property was deposited in Malkhana. No efforts were made to hand over the seal after use in the presence of independent public persons. In such circumstances, the possibility of tampering the case property cannot be ruled out. This again creates sufficient doubt over the prosecution version, benefit of which must go to the accused.
24. Moreover, during his cross-examination, PW-14 ASI Rakesh Kumar has admitted that Garari Machine was not sent for any technical analysis or verification. He further admitted to have not obtained any expert opinion regarding tampering in the gararies of Machine i.e., Ex. P1. He also went on to admit that the canes i.e., Ex. P2 and P3 containing liquid item were never sent to any technical expert to ascertain as to whether the said liquid was diesel or not. Furthermore, proceedings were not videographed to lend credibility into the case of the prosecution. This again casts doubt over the prosecution version. Digitally signed by DEEPAK DEEPAK KUMAR Date:
KUMAR 2022.06.25
16:48:54
+0530
CASE No. 535428/2016
FIR No. 402/2001
State Vs. Jagdev Singh Etc
PS- Jahangir Puri page No. 14/16
25. During the course of the arguments, Ld. APP for the state has contended that one application under section 319 Cr.P.C was moved on behalf of one of the accused persons namely Vijay Kumar for summoning of additional accused persons and as such the same be considered as the admission of commission of offence. This court is of the considered view that admission of guilt is conscious decision after weighing and being informed the consequences of admission of guilt. The present application was filed by the counsel for accused which was not accompanied with the affidavit. Neither any statement on oath was got recorded in the Court. In such circumstances, in the considered opinion of the court, the filing of the above application can not be considered as the admission of guilt.
26. The general principles of criminal jurisprudence, namely, that the prosecution has to prove its case beyond reasonable doubt and that the accused is entitled to the benefit of a reasonable doubt, are to be borne in mind. All the lapses in investigation, discussed herein above create a doubt on prosecution version. The lapses are material one and cannot be ignored. It is settled proposition of law that if the investigation suffers from taint, then the entire prosecution case becomes open to serious doubts and challenges. It appears also relevant to acknowledge and appreciate the fact that criminal conviction entails enigmatic and stigmatic experiences and exposures for the accused and thus it becomes of paramount importance to demand evidence of unimpeachable character and of unambiguous nature. From the above discussion and findings, in my considered view accused persons deserve to be given benefit of doubt as the materials on record are insufficient to record a finding of guilt of the accused persons.
27. In view of the above discussion, I hold that the prosecution has failed to prove the guilt of the accused persons beyond reasonable doubt. Accordingly, I acquit the all the accused persons namely Jagdev Singh, Digitally signed by DEEPAK DEEPAK KUMAR CASE No. 535428/2016 KUMAR Date:
FIR No. 402/2001 2022.06.25
16:48:58
+0530
State Vs. Jagdev Singh Etc
PS- Jahangir Puri page No. 15/16
Balbir Singh and Vijay Kumar for all the offences charged against them. Case property be confiscated to the State.
28. Bail bond in terms of Section 437A Cr.P.C has already been obtained from the accused persons (Since acquitted) in compliance of the judgment of the Hon'ble High Court in State Vs. Virender Yadav & Anr. 2014 I.A.D (Del.) 389.
29. File be consigned to Record Room after due compliance.
Digitally signed by DEEPAK DEEPAK KUMAR
Announced in the open Court KUMAR Date:
2022.06.25
16:49:05 +0530
on 25.06.2022. (DEEPAK KUMAR-I)
ACMM (North-West)
Rohini Courts/Delhi
CASE No. 535428/2016
FIR No. 402/2001
State Vs. Jagdev Singh Etc
PS- Jahangir Puri page No. 16/16