Delhi District Court
State vs Rattan Lal Garera on 12 January, 2015
IN THE COURT OF SH. VIRENDER KUMAR GOYAL
ADDL SESSIONS JUDGE: FAST TRACK COURT
ROHINI:DELHI
SC No. 120/1
Unique Identification No. 02404R0157142000
State
Versus
1. Rattan Lal Garera
S/o Sh. Hari Ram Garera
R/o H.No. C24,
Ashok Vihar PhaseI,
Also: T457, Pitam Pura,
Delhi.
2. Ashok Malik
S/o Sh. Inder Pal Malik
R/o VillageBrahmpur,
Ps Manglore, Haridwar, U.P.
3. Dharmender Sharma
S/o Sh. Amar Chand
R/o H.No. E116,
Shakti Nagar, Delhi.
4. Hemant Kumar
S/o Sh. Ganga Ram
R/o C36, Sawan Park,
Ashok Vihar, Delhi.
5. Avinash Magan
S/o Sh. Vijay Shastri Magan
R/o Yogi House, Kankhal,
Gurukul Kangri,
Haridwar, U.P. (since expired)
6. Atul Magan
S/o Sh. Vijay Shastri Magan
R/o Yogi House, Kankhal,
Gurkul Kangri, Haridwar, U.P. (since proclaimed offender)
Session Case No. 120/1 Page 1 of page 22
FIR No. 462/99
PS Ashok Vihar
U/s. 420/489B/489C/489D/120B/34 IPC
Date of institution of the case: 02/09/99
Arguments heard on: 06/01/2015
Date of reservation of order: 06/01/2015
Date of Decision: 12/01/2015
JUDGMENT
This case was registered on the statement of one Rajan Verma on 04/07/99, u/s. 420/489B/489C of IPC. Prior to that, on 01/07/99, information was received from Bombay Police that Hemant Kumar, who used to sit in the office of R.K. Property, Mahendru Enclave, was involved in the business of fake currency notes and if he is traced and is kept on surveillance, the places, where fake currency notes are prepared and the machines, which are used for preparing such currency notes, can be located. Accordingly, to develop the information, one team was constituted by ACP Special Staff comprising of Inspector Prithvi Singh, Inspector Rajender Prasad, ASI Suresh Kumar, ASI Rakesh, ASI Vijender Singh and HC Shailender and surveillance was kept on the activities of Hemant Kumar.
On 04/07/99, at about 7.00 a.m., secret informer came to the office of Crime Branch and informed Inspector Prithvi Singh that at about 11 a.m., accused Hemant Kumar will go to Yogi Pharmacy, G235, Preet Vihar and after conversing with someone, he will go somewhere for delivering the fake currency note. On this information, a raiding party was formed consisting of ASI Suresh Kumar, ASI Rakesh Kumar, ASI Vijender Singh, HC Shailender Singh under the leadership of Inspector Prithvi Singh and DD no. 14 was recorded in this regard. Thereafter, they reached at G235, Yogi Pharmacy, Preet Vihar, in a private car. As per the directions of Inspector Prithvi Singh, Hemant Kumar was kept on watch. At about 4.10 p.m., said Hemant Kumar came out of the Yogi Pharmacy and from Lagan Banquet Hall, he boarded TSR No. DL1RA0732. The raiding party also followed him in their car.
Session Case No. 120/1 Page 2 of page 22 At about 5.10 p.m,. said Hemant Kumar got stopped the TSR in front of Ashok Vihar road, Kulachi Hans Raj School, Ashok Vihar. The raiding party also stopped its car at a distance of 1520 steps. Thereafter, said Hemant Kumar went towards Sunder Lal Jain Hospital. Meanwhile, the TSR driver raised alarm by shouting "Thag liyathag liya". So, the raiding party apprehended Hemant Kumar,while he was running. The victim/complainant had produced one 500/ rupee currency note bearing No. 4AF324088 before ASI Suresh Kumar and got recorded his statement, wherein he had disclosed that the 500/ rupee note, which accused Hemant Kumar had given to him for paying the fare charges, on checking, was found fake. The said fake currency note was kept in an envelope and ASI Suresh sealed the same with the seal of "SS" and it was given serial no. 1. It was seized by preparing a memo.
On search of accused Hemant, from the backside pocket of his wearing pant, 14 fake currency notes of Rs. 500/ each were recovered, out of which, four notes were bearing no. OAR 795760, 4 notes were bearing no. 2AM 523352, three notes were bearing no. 5AD 215739, 2 notes were bearing no. 8CU 152860 and one note was bearing no. 2AP 521842. From the front pocket of his wearing shirt, Rs. 412/ were recovered, out of which, four notes were of Rs. 100/, one note was of Rs. 10/ and one note was of Rs. 2/, which were given to him by the TSR driver as balance from the said fake currency notes of Rs. 500/, which was given by the accused for payment of fare charges. The abovesaid recovered 14 fake currency notes were kept in an envelope and sealed with the seal of "SS" and it was given serial no.
2. It was seized by preparing a memo. The recovered Rs. 412/ were also kept in an envelope and sealed with the seal of "SS" and it was given serial no. 3. It was seized by preparing a memo. Offences u/s. 420/489B/489C IPC were found to be made. Accordingly, rukka was prepared and case was got registered through HC Shailender Kumar. After registration of FIR, investigation was handed over to ASI Suresh Sharma.
During investigation, rough site plan was prepared. Statements of Session Case No. 120/1 Page 3 of page 22 witnesses were recorded. Accused Hemant Kumar was arrested in this case. His personal search was conducted. He made disclosure statement. He also pointed out the office of Yogi Pharmacy, G235, Preet Vihar, Delhi, where one Ashok Kumar Malik was making fake currency notes on the machine and one Dharmender Sharma was preparing the bundles of fake currency notes of Rs. 100/ with rubber band. They both were apprehended. Fake currency notes worth Rs. 2,21,000/ were recovered, having different serial numbers; 52 sheets of paper, on which, three prints of backside of Rs. 500/note were found printed; three original notes of Rs. 500/ each were also recovered, having no. 9BK 217849, 7CC 689892 and 9BC 427028, which were found affixed on the machine, through which, fake currency notes were being prepared; one note making machine, one stabilizer, one carton of machine, one cutter, one scissor, one iron scale, 98 white paper sheets, which were found kept in the machine, one pencil, one another pencil and two sketch pens were recovered. The same were seized. Pointing out cum recovery memo was prepared in this regard. Accused Dharmender and Ashok Malik were arrested in this case. Their personal searches were conducted. They also made disclosure statements.
On 08/07/99, further investigation was carried out by ASI Rakesh Kumar. Accused Rattan Garera and Atul Magan, who were wanted in this case were searched, but they could not be found. Their NBWs were got issued. Opinion regarding the genuineness of recovered currency notes was obtained from Reserve Bank of India, which were found to be fake. Statements of witnesses were recovered. Process u/s. 82/83 Cr.P.C. was got issued against wanted accused Rattan Garera and Atul Magan. Accused Avinash Magan was to be arrested in this case. Hence, his production warrants were also got issued on 29/09/99.
On completion of investigation, charge sheet was filed against accused Hemant Kumar, Ashok Malik and Dharmender Sharma u/s.
420/489B/489C/489D/34/120B IPC on 02/09/99. Accused Rattan Garera, Atul Magan and Avinash Magan were kept in column no. 2. Meanwhile, on 29/09/99, Session Case No. 120/1 Page 4 of page 22 accused Avinash Magan was arrested in this case. He made disclosure statement. On 26/11/99, accused Rattan Lal Garera was arrested in this case. He made disclosure statement. Coaccused Atul Magan was declared proclaimed offender on 22/01/2000. On 01/02/2000, supplementary chargesheet was filed against accused Rattan Garera and Avinash Magan. It was clubbed with the main case. On 18/09/2000, case was committed to the Court of Session and was received on 28/09/2000. On 16/02/2004, charge u/s. 489B, u/s. 489C and u/s. 420 of IPC was framed against accused Hemant Kumar; charge u/s. 489D was framed against accused Rattan Garera; charge u/s. 120B of IPC was framed against accused Rattan Garera, Hemant Kumar, Ashok Malik and Dharmender Sharma, charge u/s. 489D/120B of IPC was framed against accused Rattan Garera, Hemant Kumar, Ashok Malik and Dharmender Sharma and charge u/s. 489A of IPC and u/s. 489C and u/s. 489D of IPC was framed against accused Ashok Malik and Dharmender Sharma to which they pleaded not guilty and claimed trial.
To prove its case, prosecution has examined PW1 to PW12 in all. On completion of the evidence of the prosecution, statements of accused Rattan Garera, Hemant Kumar, Ashok Malik and Dharmender Sharma were recorded u/s. 313 Cr. P.C., wherein they have denied the case of the prosecution and have claimed false implication.
In defence, no witness has been examined on behalf of the accused persons.
I have heard learned APP for the State, learned defence counsels for all the four accused persons and have gone through the material placed on record with evidence adduced.
This case was registered on the statement of one Rajan Verma and he could not be examined by the prosecution in any manner. It is contended that in view of the same, the fake currency note, which allegedly accused Hemant had given to complainant Rajan Verma at Sunder Lal Jain Hospital, is not identified by the Session Case No. 120/1 Page 5 of page 22 complainant in any manner, so, the fact that it was handed over by accused Hemant to Rajan Verma is not proved in any manner. It is further contended that according to statement of Rajan Verma, he was driving a TSR and on 04/07/99, at about 4.15 p.m., he was standing with his TSR DL1RA0732 outside Lagan Banquet Hall, Vikas Marg and one person boarded his TSR, who came from the side of Preet Vihar and asked him to go to Sunder Lal Jain Hospital. They reached at about 5.10 p.m. just before Sunder Lal Jain Hospital, in front of Kulachi Hans Raj School. He stopped the TSR at the instance of passenger. The fare was 87.50 paisa according to the meter, on which, the said person handed over to him a currency note of Rs. 500/ bearing No. 4AF324088, on which, he handed over Rs. 412/ to the said passenger, who left towards Sunder Lal Jain Hospital. Meanwhile, he checked the currency note of Rs. 500/ and he suspected the same to be fake currency note and asked the said passenger to stop, on which, the said passenger started moving on fast paces and when he went behind the said passenger, the said passenger started running, on which, he raised noise "thag liyathag liya" and meanwhile, police apprehended the said person, whose name he came to know as Hemant Kumar. He handed over the said currency note to the police, which was sealed in an envelope and was taken into possession.
It is further contended that from the statement of Rajan Verma, it seems to be a sudden incident and police apprehended accused Hemant, whereas according to rukka prepared by ASI Suresh Kumar, they were already having information about accused Hemant received from Bombay Police on 01/07/99 and a team was formed in this respect consisting of Inspector Prithvi Singh, Inspector Rajender Prasad, he himself, ASI Rakesh Kumar, ASI Vijender Singh and HC Shailender, which was conducting surveillance of accused Hemant. It is further contended that according to rukka, secret informer told on that day at about 7.00 a.m., while coming to the Office of Crime Branch that at about 11.00 a.m. day, accused Hemant will go to Yogi Pharmacy, G235, Preet Vihar and after having a conversation with someone, he will Session Case No. 120/1 Page 6 of page 22 go to handover the fake currency notes. It is further contended that on this, a raiding party was prepared and the police party reached at about 10.30 a.m. near Yogi Pharmacy, G235, Preet Vihar and observed that accused Hemant came at about 11.15 a.m. day in a TSR and went to Yogi Pharmacy and at about 4.10 p.m., he came out of Yogi Pharmacy and boarded TSR No. DL1RA0732 and they followed him. It is further contended that the place, from where later on fake currency notes and machines were recovered, was already within the knowledge of police party on 04/07/99, but even then, no raid was conducted. It is further contended that in presence of police party, accused Hemant had gone to Yogi Pharmacy at about 10.30 a.m. day on that day, but even then, no raid was conducted to apprehend him inside the Yogi Pharmacy with fake currency notes and it is not explained as to why, they followed accused Hemant, while he boarded a TSR and reached at Sunder Lal Jain Hospital. It is further contended that all these circumstances show that complainant Rajan Verma is a fake person and no investigation has been conducted about TSR No. DL1RA0732 to the extent as to whether it was belonging to complainant Rajan Verma or he was driving the said TSR on hire in any manner, so, the whole of the complaint as put forward before the Court is false and fabricated. More so, complainant Rajan Verma has not been examined in any manner.
It is further contended that if according to rukka, accused Hemant Kumar had to go to deliver fake currency notes to someone, then after his apprehension, only 14 currency notes of Rs. 500/ were recovered beside Rs. 412/, which were in the denomination of 4 currency notes of Rs. 100/, one note of Rs. 10/ and one note of 2 rupees. It is further contended that recovery of 14 currency notes, allegedly fake claimed by the police party, itself raises doubt to the contents of the rukka, according to which, the police party was having information that accused Hemant will go to deliver fake currency notes to someone, which could not be as recovery of 14 currency notes is small one.
PW3 ASI Vijender, PW6 ASI Rakesh Kumar, PW7 Inspector Prithvi Session Case No. 120/1 Page 7 of page 22 Singh and PW11 SI Suresh Sharma have been examined from the raiding party.
According to the case of the prosecution, after the arrest of accused Hemant, he led the police party to Yogi Pharmacy, where certain fake currency notes, machine and other material were recovered and accused Ashok Kumar Malik and Dharmender were found present in the premises of the said address.
All these witnesses have more or less deposed the facts before the Court in the same manner as set out in rukka Ex. PW11/B. It is contended that according to rukka Ex. PW11/B, the secret informer visited the Office of Crime Branch at about 7.00 a.m. and further at about 10.30 a.m., the raiding party had reached near Yogi Pharmacy, G235, Preet Vihar, whereas in the examination in chief, PW3 ASI Vijender Singh has stated that from their office situated at Adarsh Nagar, they started at around 10.30 a.m. for the Office of Yogi Pharmacy, so, if they had left their office at about 10.30 a.m., then they could not be present at about 10.30 a.m. near Yogi Pharmacy, G235, Preet Vihar or at about 11.15 day, whereas according to rukka Ex. PW11/B, accused Hemant reached there in a TSR and went inside Yogi Pharmacy.
It is further contended that according to rukka, only name of one person Hemant Kumar was given by Bombay police on 01/07/99. It has not been deposed by any witness nor any material point brought on rukka that police party was having photograph of accused Hemant to identify him, so, mentioning the name of accused Hemant Kumar in the rukka in the context of his reaching at about 11.15 day at Yogi Pharmacy shows that the contents of rukka and all the proceedings are false and fabricated.
It is further contended that according to seizure memo Ex. PW3/B, from the premises of Yogi Pharmacy, four packets of currency notes of Rs. 500/, having 100 notes each, were recovered and 42 currency notes of Rs. 500/ loose were recovered, details of which has been mentioned therein from serial no. 1 to 34 and it is mentioned that total amount comes to Rs. 2,21,000/. Beside this, 52 sheets of paper were recovered, having print on one side of three currency notes of Rs. 500/ Session Case No. 120/1 Page 8 of page 22 each backside, three original currency notes of Rs. 500/ each were also recovered, whereas before the Court, the case property has been produced in a different manner. In the examination of PW3 ASI Vijender Singh, one of the bundle was found containing 152 notes, other was found containing 151 currency notes and 3rd was found containing 139 currency notes. It is further contended that machine make Hewlett Packard, HP Office Jet Pro 1170C was taken into possession and the same has been produced before the Court, but it is not known whether it was sealed or not because the same is not mentioned in the seizure memo Ex. PW3/B. Moreover, PW3 ASI Vijender has stated that on 05/07/99, IO had taken the case property to PHQ to produce the same before the senior police officers and thereafter, the case property was deposited in PS Ashok Vihar. So, the recovery and seizure of the case property, machine and other articles seems to be doubtful.
It is further contended that according to rukka Ex. PW11/B, the raiding party was consisting of ASI Suresh Sharma, ASI Rakesh Sharma, ASI Vijender, HC Shailender and Inspector Prithvi Singh, whereas according to cross of PW3 ASI Vijender, they were six members in the raiding party and they reached at the premises of Yogi Pharmacy in between 11 a.m./12.00 p.m. in a car and accused Hemant was accompanying them at that time. It is further contended that if at about 11.00 a.m., accused Hemant was with them, then there is no explanation of complaint of Rajan Verma, according to whom, accused Hemant was apprehended by the police at about 5.10 p.m. near Sunder Lal Jain Hospital, when complainant Rajan Verma raised noise about "thag liyathag liya". It is further contended that accused Hemant was arrested on 04/07/99 as per the case of prosecution and the witness has not deposed that they reached at Yogi Pharmacy on the next day, rather according to his examination in chief, on 04/07/99 itself, accused Hemant Kumar led the police party to Preet Vihar at Yogi Pharmacy, so, there could not be any confusion about the cross examination of PW3 ASI Vijender, who has stated that on 04/07/99, accused Hemant was with them at about 11/12 p.m. and there is a contradiction about the members of Session Case No. 120/1 Page 9 of page 22 the raiding party as to whether there were five members or six members.
It is further contended that PW3 ASI Vijender has not deposed about the facts of apprehension of accused Hemant nearby Sunder Lal Jain Hospital and also about the complaint of Rajan Verma given to the police, on which, case was registered against the accused persons. It is further contended that according to cross of PW3 ASI Vijender, from Ashok Vihar, they had gone to Preet Vihar in two private vehicles make Maruti, which were perhaps Maruti 800 or Maruti Zen. It is further contended that PW3 has not been able to depose as to from where the second car was called. 56 police officials were accompanying him and 34 police officials were in other vehicle, whereas only five police officials were in the raiding party and moreover, accused Hemant had joined them and further PW3 has not been able to depose as to whether other police officials with car were called from Crime Branch or from PS Ashok Vihar.
It is further contended that according to cross of PW3 ASI Vijender, Office of Yogi Pharmacy was pointed out by accused Hemant, whereas according to his examination in chief, it was already within their knowledge. No signboard was found outside the Yogi Pharmacy. It is further contended that no document has been collected in this respect that the premises was let out to Yogi Pharmacy. It is further contended that according to PW2 Savitri Sharma, who is owner of H.No. G235, Preet Vihar, Delhi, it was let out to one Atul Magan and the copy of the rent agreement is Ex. PW2/A. She has further deposed that premises was occupied by Atul Magan and he remained in the possession of the premises for about one year, so, it is not corroborated with the deposition of the witness to the extent that there was any Yogi Pharmacy at G235, Preet Vihar, Delhi. It is further contended that according to cross of this witness, case property was not sealed, when it was produced during his examination in chief. Neither the sheets nor blank sheets were sealed at the spot. Scanner machine was also not sealed. According to the charge sheet, the scanner machine was sealed with the seal of "RK", but for the first time, Session Case No. 120/1 Page 10 of page 22 when the case property was produced during the examination of PW3 ASI Vijender Singh, none of the article was found sealed at that time, which raises doubt about the identity of the case property.
It is further contended that according to PW5 Sh. S.K. Kocchar, Ex Treasurer, Reserve Bank of India, Delhi, he had received three packets sealed with the seal of "SS". One was containing 14 currency notes of Rs. 500/ denomination of various series. Other was found containing one currency note of Rs. 500/ and the third packet was found containing currency notes worth Rs. 2,21,000/ of the denomination of Rs. 500/ each, of 34 series. After examination, he found all the above currency notes to be fake. His report is Ex. PW5/A and thereafter, the currency notes were returned. It is further contended that at the time of executing the case property by PW5 before the Court, one envelope was produced with the seals of "RK" and "SS", out of which, one currency note was taken out and identified by the witness. Another envelope was also produced with the seals of "RK" and "SS". It was having 14 currency notes and the third envelope was produced unsealed, having three currency notes only. So, before this witness, complete case property was not produced, which allegedly was examined by him.
It is contended that PW5 S.K. Kocchar received three packets with the seal of "SS". One was containing 14 currency notes, another was containing one currency note and 3rd packet was containing currency notes worth Rs. 2,21,000/, whereas according to PW4 HC Ramdia, he had received 14 currency notes and one currency note only with the seal of "SS". PW4 HC Ramdia has not been able to depose as to whether the fake currency notes of Rs. 2,21,000/ were sealed with the seal of "SS" or "RK" in any manner, so, the third packet containing fake currency notes of Rs. 2,21,000/ could not be having seal of "SS" in any manner because according to the witnesses, as deposed, the case property recovered near Sunder Lal Jain Hospital was sealed with the seal of "SS" and thereafter, seal of "RK" was used because the seal of "SS" was handed over to complainant Rajan Verma. Hence, in all Session Case No. 120/1 Page 11 of page 22 probabilities, the alleged recovery of fake currency notes from the premises of Yogi Pharmacy could not have seal of "SS" in any manner, which shows that case property has been planted.
It is further contended that PW3 ASI Vijender was examined prior to PW5 S.K. Kocchar and at that time, case property was not sealed with the seal of "RK" or "SS", whereas when PW5 S.K. Kocchar was examined, the case property identified by him was found having seals of "RK" and "SS", which shows that case property has been planted.
PW6 ASI Rakesh Kumar has also deposed the same facts as of rukka and has further deposed that fake currency notes worth Rs. 2,21,000/ were kept in an envelope and were sealed with the seal of "RK". Three currency notes were sealed in an envelope with the seal of "RK". This witness has not deposed that scanner machine was also sealed in a container. He has also deposed that on 05/07/99, he along with IO obtained the case property from the MHC(M) i.e. photo scanner machine and had gone to PHQ. The said sealed parcel was opened by the then DCP Crime and after viewing the same, it was again sealed with the seal of DCP. He has further deposed that on 25/08/99, he received three envelopes duly sealed with the seal of "SS" from the MHC(M) and were taken to RBI. PW5 S.K. Kocchar examined the same and submitted report Ex. PW5/A. It is contended that according to PW6 ASI Rakesh Kumar, scanner machine was resealed with his seal by the DCP, but initials have not been disclosed and at the time of identification of photo scanner machine by PW3 ASI Vijender, who was firstly examined in this case, the machine was produced without any seal. It is further contended that three envelopes taken by PW6 ASI Rakesh Kumar to RBI were having seal of "SS", whereas according to PW5 S.K. Kocchar, the envelopes were having seals of "RK" and "SS". It is not explained as to when the seal of "RK" was put on the envelopes. It is further contended that even if the case property was examined by PW5 S.K. Kocchar, then after examining the same, the case property Session Case No. 120/1 Page 12 of page 22 must have been resealed with the seal of examining officer, but at the time of examination of PW3 ASI Vijender, none of the envelope was found having any seal, rather the currency notes were not in the same sequence, which were examined by PW5 S.K. Kocchar, rather PW3 ASI Vijender has identified only 152, 151 and 139 currency notes in three bundles and one currency note and 14 currency notes, which were recovered from the TSR driver Rajan Verma and accused Hemant at the spot, were not produced before PW3 ASI Vijender for identification during his examination and PW3 has also not deposed about the facts, which had taken place at the spot near Sunder Lal Jain Hospital, which shows that he had not joined the investigation and has deposed falsely in this respect.
It is further contended that in further cross examination, PW6 ASI Rakesh Kumar has stated that photostat machine make Hewlett Packard and a stabilizer of sky blue colour were recovered on 01/07/99 from the premises of Yogi Pharmacy, which is contrary to his deposition, according to which, the case property was recovered and seized on 04/07/99. In further examination, this witness has identified one currency note recovered from the possession of complainant Rajan Verma and 14 fake currency notes recovered from accused Hemant Kumar, but again at that time also, the seals on the envelopes were not disclosed or mentioned, so, the possibility of tampering with the case property cannot be ruled out.
It is further contended that in the cross examination, PW6 has stated that scanner was sealed on 01/07/99 and was opened on 02/07/99 in the press conference and again, it was resealed with the seal of "RK", which is contrary to the facts and it is doubtful whether it was sealed and seized on 01/07/99 or on 04/07/99 or it was opened in the press conference on 02/07/99 and was resealed with the seal of "RK" or was seen by the then DCP Crime on 05/07/99 at PHQ and was resealed with the seal of DCP. The witness has stated that it was sealed with his seal. So, not only the recovery, but sealing of the photo scanner machine itself is doubtful and tampering with the case property cannot be ruled out. He has also admitted that even at the time Session Case No. 120/1 Page 13 of page 22 the scanner machine was produced, it was lying opened, without any seal. In further cross examination, the witness has voluntarily stated that he inadvertently told that machine was opened on 02/07/99, rather it was opened on 05/07/99, but even then, the witness has not corrected the fact regarding sealing of the photo scanner machine on 01/07/99 and has not given any explanation that he told about the same inadvertently or due to slip of tongue.
It is further contended that according to cross of PW6 ASI Rakesh Kumar, inside G235, they found signboard of Yogi Pharmacy, which was visible from outside itself, but this signboard was not taken into possession in any manner nor any investigation has been conducted about Yogi Pharmacy and according to PW2 Savitri, the premises was let out to Atul Magan, who occupied the same for the tenanted period. It is further contended that according to PW3 ASI Vijender, the police party reached in three vehicles near Yogi Pharmacy at about 6.007.00 p.m., on 04/07/99, whereas according to PW6 ASI Rakesh Kumar, they stayed at the place nearby Sunder Lal Jain Hospital for about five hours and according to the complaint Ex. PW11/A, complainant Rajan Verma reached near Sunder Lal Jain Hospital at about 5.10 p.m. and FIR Ex. PW1/B was recorded at about 7.20 p.m., so, the police party could not have reached at 6.007.00 p.m. near Yogi Pharmacy because if we believe PW6 ASI Rakesh Kumar, then the police party was present at the spot near Sunder Lal Jain Hospital till 10.00 p.m. So, PW6 ASI Rakesh Kumar can also not be relied upon and the proceedings conducted by the raiding party seems to be doubtful.
It is further contended that photographs of the place of recovery were not taken in any manner. Even photographs of the board of Yogi Pharmacy, allegedly seen by PW6 ASI Rakesh Kumar, were not taken and the case property seized in this case is easily available in the market, which could have been planted upon the accused persons.
It is further contended that according to cross of PW6 ASI Rakesh Kumar, on 04/07/99, they reached at the office of Yogi Pharmacy at about 11.15 Session Case No. 120/1 Page 14 of page 22 p.m., whereas according to PW3 ASI Vijender, they reached there at 6.007.00 p.m., so, the contradiction is material and rendering the witnesses unreliable.
PW7 Inspector Prithvi Singh has also deposed the same facts as of other witnesses in the examination in chief and again, in the cross examination, he had contradicted about the car and also about the total number of persons, whether these were 5 or 6. He has also stated that secret informer was with them, whereas neither PW3 ASI Vijender nor PW6 ASI Rakesh Kumar has stated so that secret informer had accompanied them. It is contended that a very lame excuse has been given by this witness regarding nonarrest of accused Hemant at about 11.00 a.m., when he was noticed near Yogi Pharmacy as they wanted to see as to where accused was going. It is further contended that in the cross examination, PW7 Inspector Prithvi Singh has admitted that TSR driver remained there till 8.30 p.m. He did not verify the RC and other documents of the TSR, which shows that no such complainant was available and the police officials prepared a false and fabricated story about the manner, in which, accused Hemant is stated to be arrested. It is further contended that during examination, PW7 has identified only 14 currency notes recovered from accused Hemant, one currency note recovered from TSR driver Rajan Verma and six currency notes, total amounting to Rs. 412/, out of the packet sealed with the seal of "SS". It is further contended that these currency notes were already produced during the examination of PW6 ASI Rakesh Kumar and were exhibited, so, there could not be any seal of "SS" i.e. of the IO ASI Suresh Sharma on the envelope.
Similarly, PW11 SI Suresh Sharma, who got registered this case, has also deposed the same facts regarding arrest of accused Hemant and further recovery and arrest of accused Ashok and Dharmender. According to the examination in chief of this witness, he had sealed the currency notes of Rs. 500/ recovered from the possession of TSR driver Rajan Verma and 14 currency notes recovered from accused Hemant and also the remaining currency notes of Rs. 412/ given by the TSR driver to accused Hemant with the seal of "SS". On the statement of TSR driver Session Case No. 120/1 Page 15 of page 22 Rajan Verma Ex. PW11/A, he prepared rukka Ex.PW11/B and got registered the case through HC Shailender from PS Ashok Vihar. He had also prepared site plan of the spot Ex. PW11/C. Accused Hemant was arrested vide memo Ex. PW3/D. His disclosure statement was recorded Ex. PW3/A and thereafter, in furtherance of his disclosure statement, accused Hemant led them to G235, Preet Vihar, Delhi, where recovery was effected and accused Ashok Malik and Dharmender were arrested vide memos Ex. PW3/E and Ex. PW3/F respectively. They made disclosure statements Ex. PW3/C and Ex. PW6/D respectively. There, machine was sealed with the seal of "RK". PW11 has also explained that as seal of "SS" was used near Sunder Lal Jain Hospital and it was handed over to Rajan Verma, so, he used another seal of "RK". He has also identified the case property before the Court.
It is further contended that according to cross of this witness, there was a board of Yogi Pharmacy displayed outside G235, Preet Vihar, Delhi, whereas none of the other witnesses i.e. PW3 ASI Vijender, PW6 ASI Rakesh Kumar and PW7 Inspector Prithvi Singh has deposed so. No photographs of the said board were taken nor the said board was seized in any manner, rather according to one of the witness, the board was found inside the premises, but was visible from the road. It is further contended that according to cross of this witness i.e. PW11, neither the origin of Yogi Pharmacy was investigated nor of TSR in any manner. It is further contended that regarding the identity, PW11 SI Suresh Sharma has voluntarily deposed that during their inquiry from 1st July to 3rd July, 1999, they had identified accused Hemant Kumar and on 04/07/99, secret informer was with them, who had identified accused Hemant Kumar at the time of their entry in G235, Preet Vihar. It is further contended that if the identity was already established of accused Hemant Kumar by the police party, then there was no need to point out him by secret informer. It also shows that information was with them from 01/07/99 and because of that, the witnesses have stated that photo scanner machine was seized on 01/07/99 and a whole false story has been created after making recovery of dated 04/07/99. It is Session Case No. 120/1 Page 16 of page 22 further contended that no one was called from H.No. 235, Preet Vihar, Delhi, to be a witness at the time of recovery.
It is further contended that according to cross of this witness, Inspector Prithvi Singh had counted the currency notes and none else counted the same, whereas according to cross of PW6 ASI Rakesh Kumar, out of the bundles found at the premises of Yogi Pharmacy, he counted currency notes contained in one bundle. The currency notes in the other bundles were counted by other members namely IO ASI Suresh Sharma and Inspector Prithvi Singh. He does not remember the names of other members, who counted the other currency notes. It is further contended that this fact itself falsify the investigation conducted in the manner, as deposed by the witnesses and contradiction is material and rendering them unreliable.
PW1 HC Vijay Kumar has proved the copy of FIR as Ex. PW1/B, which was recorded by him on 04/07/99 on the basis of rukka sent by PW11 ASI Suresh Kumar through HC Shailender, along with statement of Rajan Verma. He has also proved his endorsement on the rukka at point B. After registration of FIR, copy of FIR and original rukka were handed over to HC Shailender to further handover the same to ASI Suresh i.e. PW11 for further investigation. This witness has produced the original FIR register before the Court.
PW4 HC Ramdia has deposed that on 04/07/99, he was posted as MHC(M) at PS Ashok Vihar. On that day, PW11 ASI Suresh Sharma of Special Team Crime Branch, Adarsh Nagar, had deposited four packets of currency notes in the denomination of Rs. 500/ each (each packet containing 100 currency notes) and 42 currency notes in the denomination of Rs. 500/ each, stated to be fake currency notes, total amounting to Rs. 2,21,000/. He had also got deposited 52 paper sheets, three genuine currency notes in the denomination of Rs. 500/ each, one Hewlett Packard printer/scanner with paper box, one stabilizer, one cutter of EL Top brand, one scissor of Fiskars brand, one steel scale, 98 white paper sheets, one pencil penti metallic, one pencil kachhi and 2 sketch pens. The said ASI also deposited one sealed Session Case No. 120/1 Page 17 of page 22 envelope with the seal of "SS", having serial No. 2, stated to be containing 14 currency notes in the denomination of Rs. 500/each, one another sealed pullanda with the same seal, having serial No. 1, stated to be containing one currency note of Rs. 500/ and personal search of accused Dharmender Sharma, Hemant Kumar and Ashok Kumar. Accordingly, PW4 made the relevant entry in register no. 19 at serial no. 3146 with complete detail in this regard.
PW4 has further deposed that on 25/08/99, the fake currency notes were sent to Reserve Bank of India through PW6 ASI Rakesh Kumar vide RC No. 92/21/99. On the same day, the above mentioned fake notes were received back from RBI in a sealed packet with the seal of "RK" with one application through HC Ram Karan. Accordingly, he made relevant entry at same serial number. During the period, the abovesaid case property remained in his possession, none has tampered with the same.
It is further contended that PW4 HC Ramdia has not been able to depose as to whether the case property i.e. fake currency notes of Rs. 2,21,000/ and other articles including photo scanner machine were sealed with the seal of "SS" or "RK", which shows that these were unsealed and has deposed that one fake currency note and 14 currency notes were sealed with the seal of "SS". It is further contended that case property was sent to PW5 S.K. Kocchar for examination at RBI through PW6 ASI Rakesh Kumar and it was received back with the seal of "RK", which could not be in any manner and if the said currency notes were examined by PW5 S.K. Kocchar at RBI, then the case property should have been sealed with the seal of Sh. S.K. Kocchar or with the seal of RBI and could not be with the seal of "RK". It is also contended that according to the deposition of PW5 S.K. Kocchar, the case property was found sealed with the seals of "SS" and "RK", which shows that case property was tampered with and planted because the same is not corroborating with the sequence of events, as deposed by the witnesses.
PW4 has proved the relevant entry No. 3146 dated 04/07/99 as Ex Session Case No. 120/1 Page 18 of page 22 PW4/A. He has also produced the original register No. 19 before the Court.
PW8 HC Kamlesh Kumar is a witness to the arrest of accused Avinash Magan, who has already expired.
PW6 ASI Rakesh Kumar has further deposed that on 26/11/99, he arrested accused Rattan Lal Garea from the Court of Sh. M.K. Gupta, the then Ld. ACMM, Tis Hazari Courts. On 27/11/99, he recorded disclosure statement of accused Rattan Lal Garera Ex. PW6/E. On the same day, he went to shop no. 2, Wazirpur Industrial Area, and interrogated the owner of the shop perhaps Mukesh Narang regarding purchase of photo scanner machine by accused Rattan Lal Garera from his shop. From the owner of the shop, he collected photocopy of invoice regarding sale of photo scanner machine to A.S. Appliances Pvt. Ltd. i.e. the company of accused Rattan Lal Garera, which is mark PW6/F. He also recorded statement of said Mukesh Narang in this regard.
PW9 HC Ram Karan has also deposed the same facts as of PW6 ASI Rakesh Kumar regarding recording of disclosure statement of accused Rattan Lal Garera Ex. PW6/E in his presence and regarding collecting of bill of scanner machine Mark PW6/F. PW10 Mukesh Kickapoo has deposed that in the year 1999, they were running a shop for selling stationery items and computer peripherals in the area of Wazirpur Commercial Complex, Ashok Vihar, Delhi52. On 01/05/99, they sold a HP printer office Jet Pro 1170C to A.S. Appliances Private Ltd., C91/3, Wazirpur Industrial Area, vide receipt No. 2703 amounting to Rs. 55,250/. The same was delivered at the premises on the same day. He handed over the photocopy of the receipt to the police officials, who had visited his shop after some days of said sale.
PW10 has further deposed that he cannot produce the original of the said receipt as they have winded up the entire business after the expiry of his father in March 2000 and not maintained any record for the same. He will not be able to produce the same even if an opportunity is given to him to produce the original Session Case No. 120/1 Page 19 of page 22 record. He has identified the receipt Mark PW6/F, which was handed over by him to the police and has also identified his signatures at point X. PW10 has further deposed that the signatures at point Y must be done by the person, who received the said article from the delivery boy. He does not remember the name of the person, who came up to purchase the said computer article. Police recorded his statement. He does not remember whether he disclosed the name of the purchaser to the police or not.
Since this witness has not supported the case of the prosecution, so, he has been cross examined by Ld. APP, wherein he deposed that he does not remember, if he told to the police that the said computer article was sold to accused Rattan Lal Garera, Director of A.S. Appliances. He might have mentioned the same to the police, but he does not remember the same as long time has passed.
PW12 Ct Ravine Krishna Kamble is a witness of formal nature. He has produced the certified copy of case file of charge sheet in case FIR No. 42/99 along with forwarding letter, which is Ex. PW12/A collectively and the forwarding letter is Ex. PW12/B. It is further contended that nothing has been recovered from the possession of accused Rattan Garera or on his pointing out. He was arrested later on from the Court and photo scanner machine was sold to A.S. Appliances, which could not be connected with accused Rattan Garera as it is not investigated whether accused Rattan Garera was Director of A.S. Appliances. It is further contended that PW10 Mukesh Kapoor has not been able to identify accused Rattan Garera as the same, to whom, photo scanner machine was sold. So, from the depositions of witnesses, accused Rattan Garea could not be connected with the offences, as charged, in any manner.
In view of above discussion, the contradictions as pointed out by learned defence counsels for the accused persons are material and are going to the root of the case. It is doubtful whether recovery was effected on 01/07/99 or on 04/07/99.
Session Case No. 120/1 Page 20 of page 22 Complainant Rajan Verma could not be produced to prove the complaint, so, the facts deposed by the police party witnesses taken place near Sunder Lal Jain Hospital are not proved in any manner. The registration number of TSR is not investigated. Origin of Yogi Pharmacy is also not investigated and it is not proved that the premises was let out to Yogi Pharmacy and/or that accused persons were related in any manner with accused Atul Magan (since proclaimed offender), who had obtained the said premises on rent. It is not proved in any manner as to how the accused persons were interconnected with each other or whether they were known to each other previously and there is no evidence brought on record regarding the accused persons entering into a criminal conspiracy. Even landlord PW2 Savitri Sharma has not been able to depose as to whether any office of Yogi Pharmacy was being run by Atul Magan at the premises. No photographs have been taken.
It is also doubtful whether the case property was sealed with the seal of "SS" or "RK" or with both and at what stage, the seals were affixed because sometimes, during examination of witnesses, the case property was produced unsealed and sometimes with the seal of "SS" or "RK" and before RBI officer PW5 S.K. Kocchar, the case property was produced for examination with the seals of "SS" and "RK" both.
It is also doubtful whether the alleged recovery was effected on 01/07/99 or on 04/07/99. The witnesses have contradicted about the members of the raiding party and about the identity of the accused. So, in all, the manner, in which, accused Hemant is stated to be arrested and recoveries made thereafter seems to be doubtful and the witnesses are not inspiring any confidence. So, they cannot be relied upon in any manner.
Accordingly, the prosecution has not been able to prove offences u/s. 489B, u/s. 489C and u/s. 420 of IPC against accused Hemant Kumar beyond reasonable doubts, for which, he is acquitted.
The prosecution has also not been able to prove offense u/s. 489D of Session Case No. 120/1 Page 21 of page 22 IPC against accused Rattan Garera beyond reasonable doubts, for which, he is acquitted.
The prosecution has also not been able to prove offence u/s. 120B of IPC against accused Rattan Garera, Hemant Kumar, Ashok Malik and Dharmender Sharma beyond reasonable doubts, for which, they are acquitted.
The prosecution has also not been able to prove offences u/s. 489D read with Section 120B of IPC against accused Rattan Garera, Hemant Kumar, Ashok Malik and Dharmender Sharma beyond reasonable doubts, for which, they are acquitted.
The prosecution has also not been able to prove offences u/s. 489A and u/s. 489C and u/s. 489D of IPC against accused Ashok Malik and Dharmender Sharma beyond reasonable doubts, for which, they both are acquitted.
Announced in the open Court
Today on: 12th of January, 2015 ( Virender Kumar Goyal)
Additional Sessions Judge,
Fast Track Court,
Rohini/Delhi
Session Case No. 120/1 Page 22 of page 22