Delhi District Court
State vs . on 20 February, 2014
1
IN THE COURT OF SHRI VIVEK KUMAR GULIA
CHIEF METROPOLITAN MAGISTRATE (SOUTH)
SAKET DISTRICT COURTS, DELHI
In the matter of :
State
Vs.
Yoginder Kumar Sharma and Another
FIR No. 625/98
P. S.: Tilak Marg
JUDGMENT
1. Sr. No. of case : 02406R0030201999 2. Date of institution : 06.02.1999 3. Name of the complainant : SI Bani Singh, Special Staff.
4. Date of commission of offence : 17th, 18th & 20th December, 1998 5. Name of accused : Yoginder Kumar Sharma S/o Shri Raghunandan Sharma R/o P18, Gali No. 2, Shankar Nagar Extension, Delhi 110 051. 6. Offence complained of : Section 259 IPC 7. Plea of guilt : Accused pleaded not guilty 8. Date of reserving the : 11.02.2014 judgment 9. Final order : Acquitted 10. Date of such judgment : 20.02.2014 Page 1 of 10 State Vs. Yoginder Kumar Sharma & Anr.; FIR No.625/98 2 FACTUAL BACKGROUND:
1. The FIR No. 625/98 under section 259 IPC was registered on 17.12.1998 at PS Tilak Marg, when a raiding party consisting of SI Bani Singh, HC Mahender, Ct. Mangal, Ct. Rajbir and Ct. Vijender apprehended accused Chander Parkash @ Sonu on the basis of secret information and 22 fake NonJudicial Stamp Papers of different denomination were recovered from him. On his disclosure statement, coaccused Yoginder Kumar Sharma was apprehended. Thereafter, house of Yoginder Kumar Sharma was searched and 320 fake stamp papers of different denomination were seized. Further, accused Yoginder Kumar Sharma got recovered 12 more fake stamp papers from his office table at Tis Hazari Courts. All stamp papers were sent to India Security Press, Nasik for examination and most of these stamp papers were found to be forged. After culmination of investigation, both the accused persons were chargesheeted and summoned to face trial. Accused Chander Parkash @ Sonu died during the trial and proceedings against him abated vide order dated 21.09.2010.
TRIAL PROCEEDINGS:
2. In light of the above stated facts and proceedings and after Page 2 of 10 State Vs. Yoginder Kumar Sharma & Anr.; FIR No.625/98 3 making compliance of provisions of section 207 Cr.P.C., vide order dated 02.08.2003, the then Ld. Metropolitan Magistrate, framed charge under section 259 IPC against accused, to which he pleaded not guilty and claimed trial.
3. For proving its case, prosecution has produced eight witnesses.
3.1 PW1, Retired Inspector Bani Singh, deposed that on 17.12.1998, he alongwith HC Mahender, Ct. Mangal, Ct. Rajbir and Ct.
Vijender were present at Bangali Market and at about 02.45 PM, a secret information was received that one person, standing opposite Himachal Bhawan, is having forged stamp papers. Further, he deposed that he made request to public persons but none agreed to join the investigation and at about 03.05 PM, accused Chander Parkash (since deceased) was apprehended and from his possession one polythene bag containing 22 fake nonjudicial stamp papers of Rs. 23,600/ were recovered and the same were taken into possession vide seizure memo Ex.PW1/A. Further, he prepared tehrir Ex.PW1/B and FIR was got registered through Ct. Mangal. Seal of BSA was affixed on the pulanda of stamp papers and further investigation was carried out by SI Satish. 3.2 PW2, Inspector Sandeep Ghai, testified that during Page 3 of 10 State Vs. Yoginder Kumar Sharma & Anr.; FIR No.625/98 4 investigation, he examined one G.K. Behal and the stamp papers were sent to India Security Press, Nasik through Ct. Dharampal and after completion of investigation, challan was filed by him. 3.3 PW3, HC Dharampal, testified that on 11.01.1999 he collected three pulandas from Malkhana of P.S. Tilak Marg alongwith road certificate and authority letters. On 13.01.1999, he deposited the said pulandas alongwith road certificate in Government Press, Nasik and after depositing the same, he received copy of bill of Rs. 35,400/. Further, he deposed that after coming back to Delhi, he handed over the copy of RC and original bill to IO and deposited the receiving copy of RC in Malkhana.
3.4 PW4, HC Rajbir Singh, deposed on the lines of PW1. Further, he testified that accused Chander Parkash disclosed that he used to bring the stamp papers from Ghaziabad from one of his associates and used to sell in Delhi at a higher price than print cost. Further, he disclosed vide his disclosure statement Ex. PW4/H that he used to meet with one Y.K. Sharma at Mandi House on every Thursday and the recovered stamp papers were given to him by Shri Y.K. Sharma. Further, he disclosed that he can get recovered some bogus stamp papers from the house of Y.K. Sharma. Thereafter, he alongwith police Page 4 of 10 State Vs. Yoginder Kumar Sharma & Anr.; FIR No.625/98 5 officials and accused Chander Parkash reached at the house of Y.K. Sharma but main door was found locked. On 18.12.1998, they again reached at the house of Y.K. Sharma at P18, Gali No. 2, Shankar Nagar, Delhi, where IO requested 45 persons to join the investigation but they refused to do so and on pointing out of the accused Chander Parkash, IO apprehended Y.K. Sharma from the first floor of said house. Thereafter, IO and other police officials offered their personal search prior to search of accused Y.K. Sharma but he refused. Thereafter, IO recovered fake stamp papers of Rs. 4,04,050/ from the double bed box. All these stamp papers were sealed in a pulanda with the seal of 'SM'. Thereafter, accused Y.K. Sharma was arrested vide memo Ex.PW4/B and his personal search memo Ex.PW4/C was prepared. Further, IO recorded disclosure statement of Y.K. Sharma Ex.PW4/D on 18.12.1998 and another disclosure statement Ex.PW4/E on 20.12.1998. Accused Y.K. Sharma also disclosed that he has kept some fake stamp papers in the drawer of his table at Tis Hazari Courts. On 20.12.1998, he alongwith police officials and accused Y.K. Sharma reached at Tis Hazari Courts where on the pointing out of accused Y.K. Sharma, IO recovered fake and bogus stamp papers of Rs. 52,150/ from the table of accused. These were also sealed in a pulanda with the seal of 'SM'. Further, IO prepared Page 5 of 10 State Vs. Yoginder Kumar Sharma & Anr.; FIR No.625/98 6 pointing out memo Ex.PW4/F of accused Y.K. Sharma, seizure memo of fake stamp papers recovered from the Court Ex.PW4/A and seizure memo in respect of bogus stamp papers recovered from his house Ex.PW4/G. 3.5 PW5, HC Mangal Ram, deposed on the lines of PW1 and PW4.
3.6 PW6, Shri Om Prakash, UDC in the office of Divisional Commissioner Office, was summoned to produce record of stamp vendor Y.K. Sharma.
3.7 PW6, Inspector Satish Malik, deposed on the lines of PW4. Apart from that, he deposed that he prepared site plan Ex.PW6/A, arrested the accused Chander Parkash @ Sonu vide arrest memo Ex.PW6/B and took personal search of accused vide memo Ex.PW6/C. 3.8 PW7, Shri Alok Basu, Assistant Works Manager, India Security Press, Nasik, identified the signatures of Shri K.V. Kankrej, Deputy Works Manager, on the report Ex.PW7/A given by him.
4. Statement of accused was recorded under Section 313 Criminal Procedure Code, 1973. When accused was briefed on all the incriminating evidence and documents, he mentioned that he has been falsely implicated and the recovery of stamp papers was planted as Page 6 of 10 State Vs. Yoginder Kumar Sharma & Anr.; FIR No.625/98 7 nothing was recovered from his house or office. Further, he opted to lead defence evidence and examined one witness.
5. DW1, Shri Sunil Kumar Arun, stated that on 18.12.1998 he was working with accused at Tis Hazari Courts near treasury gate where the accused used to sell stamp papers under the licence issued by the Delhi Government. Further, on that day, at about 12.30 PM, two persons in civil dress from New Delhi Special Staff came at the place where accused was selling stamps and took the accused on the pretext of inquiry at considerable distance. Thereafter, accused gave him key of drawers of the table and told that stamp papers be kept under lock of the drawers of table and thereafter the key was handed over by him to the wife of accused at his house.
APPRECIATION OF EVIDENCE:
6. I have heard the State through Shri Gaurav Singh, Ld. Assistant Public Prosecutor and Shri Arun Sharma, Ld. Defence Counsel. Record is also gone through.
7. It is summed up by Ld. APP that PW1, PW4, PW5 & PW6 have proved the recovery of stamp papers Ex. P1 from the accused and moreover the report given by India Security Press, Nasik, makes it clear that most of these stamp papers were forged and thus accused is liable Page 7 of 10 State Vs. Yoginder Kumar Sharma & Anr.; FIR No.625/98 8 to be convicted. On the other hand, learned defence counsel argued that there are number of lacunae in the prosecution case and most importantly neither the stamp papers were seized properly nor there is any evidence to connect the recovery of forged stamp papers with the accused and therefore, accused deserves to be acquitted.
8. It is noteworthy that as per prosecution case 22 stamp papers were recovered from the accused Chander Parkash, 322 stamp papers were recovered from accused Y.K. Sharma from his house and 12 stamp papers were recovered from accused Y.K. Sharma from his office at Tis Hazari Courts, in total 354 stamp papers were recovered in this case but interestingly, 355 stamp papers were sent to India Security Press, Nasik, for examination. The prosecution has not been able to furnish any explanation whatsoever in respect of this material lapse. It has not been made clear as to whether there had been any fault on the part of investigating agency in counting the stamp papers. In such circumstances, a reasonable doubt about recovery of stamp papers, sent for examination at Security Press, from accused arises and thus, the prosecution case is liable to fail on this sole ground only.
9. Further, it is observed that three pulandas of stamp papers recovered from both accused were prepared by IO but no effort was Page 8 of 10 State Vs. Yoginder Kumar Sharma & Anr.; FIR No.625/98 9 made by IO to note down the identification mark/serial number of these papers and moreover, the prosecution side has failed to give any explanation as to why the IO did not note down the number of stamp papers in order to ascertain their identity during trial. It is evident that the seizure memos Ex.PW1/A, Ex.PW4/A and Ex.PW4/G only refer to denomination of stamp papers recovered from both the accused persons.
10. The investigating agency committed another blunder while sending three pulandas to Security Press, Nasik, without clarifying that the identity of these pulandas is required to be preserved so that the recovery of particular stamp papers from particular accused may be proved during trial. Because of aforesaid material omissions, the Security Press, Nasik, mixed up all the stamp papers after examination and sent them to the Court in one sealed pulanda. In such circumstances, it became impossible for the prosecution to establish as to which particular stamp paper was recovered from the accused.
11. Furthermore, it is noteworthy that though members of raiding party have been able to prove on record that certain stamp papers were recovered from the possession of accused but their testimony to this effect is not sufficient to establish the recovery of Page 9 of 10 State Vs. Yoginder Kumar Sharma & Anr.; FIR No.625/98 10 particular stamp papers, confirmed to be forged by the Security Press, Nasik, from the accused. It is found that none of the prosecution witnesses has deposed that 355 stamp papers Ex.P1 received from Security Press, Nasik, were recovered from the accused. In such circumstances, there appears to be no doubt that prosecution failed to establish the link of accused with the recovery of bogus stamp papers. CONCLUSION :
12. For the aforesaid reasons, it is concluded that prosecution has failed to prove its case beyond reasonable doubts. Accordingly, accused Yoginder Kumar Sharma is ordered to be acquitted of the charge in this case.
Announced in the open court (Vivek Kumar Gulia) on 20th Day of February 2014 Chief Metropolitan Magistrate (total 10 pages) South, Saket Courts, New Delhi Page 10 of 10 State Vs. Yoginder Kumar Sharma & Anr.; FIR No.625/98