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Jaunpur, U-P. Offence complained of or proved : U/s 420/467 /468/47 1/474/34 IPC Plea of the accused : Pleaded not guilty Final order : Acquitted Date on which reserved for judgment: 01.07.2020 Date of judgment | : 01.07.2020 BRIEF STATEMENT OF THE FACTS FOR DECISION:

1, This is the prosecution of accused persons pursuant to charge sheet filed by PS Railway Main Delhi U/s 420/467/468/471/474/34 IPC subsequent to the investigation carried out by them in FIR No.378/2004.

2. Brief facts of the case are that the TTE Subhash Nirmal was on checking duty on 23.09.2004 at 02:15PM alongwith other TTEs Ajay Mishra and Dharampal Singh at East Foot over Bridge. During the said checking when he asked a passenger to show the tickets the passenger has shown a paper ticket bearing No. 977828 which was till Ghonda Junctions. The ticket was fake and forged one as apparent from looking at the same from bare eyes as it was not having water mark of Indian Railways. On suspicion, the said passenger whose name revealed as Ram Babu was inquired, on that he told the complainant that he had purchased this ticket from his known person namely Rajinder Kumar Mandal who fives in Jagatpuri, Delhi. It is apprised that he has purchased that ticket for Rs. 90/-. It was stated by accused Ram Babu that he had used such tickets on a number of occasion. While the railway staff was interrogating accused Ram Babu, in the meantime HC Ram Avtar reached the spot. Accused Ram Babu was handed over to HC Ram Avtar alongwith forged ticket. During investigation police took accused Ram Babu to H. No. B-200, Gali No. 7, Jagatpuri from where accused Rajinder Mandal was apprehended who got recovered from a almirah in his house 9 forged tickets bearing S. No. 977748 to 977756 on each tickets the words "two adult only Delhi to Jaunpur" were written. The tickets were having stamp of Ticket Ghar, Narela, Northern Railway, he also got recovered 53 blank railway tickets having S. No. 977800 ta 977825, 978133 to 978157 and S. No. 977825 to 977827. He also got recovered two rubber stamps bearing mark of Ticket Ghar, Narela, Northern Railway and Northern Railway Jaunpur. The said articles were seized. Accused Rajender Mandal disclosed about the involvement of accused Pyare Lal. Thereafter, Accused Pyare Lal was also apprehended, Pyare lal got recovered from a briefcase kept in his room following articles i.e railway tickets bearing No. 978036 and 978039 on these tickets words "two adults from Delhi to Jaunpur" were written and stamp of Northern Railway was affixed. He also got recovered 15 blank ticket papers having S. No. 978117 to 978131. On the disclosure of accused Pyare Lal and accused Rajinder, accused Dood Nath Yadav was also apprehended from his house. Accusede Doodh Nath got recovered from the pillow kept in his room four paper tickets issued from Jaunpur bearing S. No. 978043 to 9778046. He also got recovered 20 blank railway tickets having S. No. 977829 to 977849, the same were stamped with the stamp of Northern Railway, Narela. They were also bearing words "two adult male". There was no date on the tickets. However, the sare were from Delhi to Jaunpur in the name of Dood Nath. All the recovered tickets were sent for checking to Northern Railway ticket printing press at Shakurpur Basti. From the result it was revealed that the said tickets were not printed by the Northern Railway. Accordingly, after the investigation, police filed the present charge sheet against the accused persons for commission of offences punishable u/s 420/467/468/47 1/474/34 of IPC.

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3. Complete set of charge sheet and other documents were supplied to the accused persons. After hearing arguments, charges for offence punishable under section 420/467/468/471/474/34 of IPC were framed against the accused persons to which they pleaded not guilty and claimed trial.

MATERIAL EVIDENCE IN BRIEF:

4, The prosecution in support of their case has examined twelve witnesses in total.

5. PW-1 HC Raijbir Singh exhibited copy of FIR as Ex. PW1/A and his endorsement on the rukka as Ex. PVV/1/B bearing his signature at point A. 6, PW-2 Sh. Ajay Mishra deposed that he was on duty as TTE alongwith Subhash Nirmal and Dharampal Singh. They were checking tickets at around 02:15PM, at East Foot Over Bridge one person had shown one blank paper ticket on that colleague of this witness got suspicious as the ticket was not bearing the water mark of Indian Railway.

On inquiry that persons stated that he bought the ticket for Rs. 90/- from one Rajinder Mandal. It is stated by that persons that he had traveled a number of time on the similar tickets which he got from his friend Rajinder Mandal and he also disclosed his name as Ram Babu. This witness identified the forged ticket Ex. P1 which was seized vide memo Ex. PW2/A bearing his signature at point A. In his cross examination, it is stated by him that he and his colleague Subhash Nirmal were standing at a short distance as they were checking the passengers coming from both the directions. It is stated that Subhash Nirmal demanded ticket from accused, it is stated that he was not with Subhash Nirmal when he asked for ticket. it is stated that their Chief Ticket Officer allocated the place of railway station for checking the ticket. It is stated that their attendance were marked in the register. He could not tell if accused Ram Babu was having Vs any luggage. It is stated by him that he has no extra qualification to examine the forged and genuine ticket. Though it is stated that he in routine examine the tickets and can tell the difference between forged and genuine.

7. PYV-3 Sh. Subhash Nirmal deposed that an 23.09.2004 he was posted as TTE at CTI/Station Deihi. On that day, he alongwith Dharampal! and Ajay were checking tickets at East Foot Over Bridge at about 02:15PM, accused Ram Babu (correctly identified by the witness in the court) produced one blank paper ticket. This witness could not tell the ticket number. It is stated by him that the said ticket was upto Ghonda junction and was looking like a fake tickel as the same was not having water mark of indian Railway. On inquiry, accused Ram Babu apprised this witness that he has taken the ticket from one of his friend living in Jagatpuri, Delhi. Thereafter, this witness called police officials and handed over accused Ram Babu and forged ticket to [0 who seized the same vide memo ex. PW2/A bearing his signature at paint B. itis stated that lO recorded his statament which Ex PW3/A bearing his signature at point A. This witness correctly identified the said fake Ucket as Ex. P14. In js cross examination, itis stated by him that his duly hours were from 09:00AM to 05:00PM. He could not tell the exact time about the roaster of his duty changing time. It is admitted by him that public persons were coming and going at the spot. It is stated by him that they were standing at platform No. 11. Again said at platform No. 17/12. It is stated that the Satyagrah train was scheduled to Gonda and the departure of the train was at 05:30PM. It is stated that said train used to go regularly. He demanded ticket from accused. He does not remember if accused was holding any luggage or not. It is stated by him that a number of persons were gathered there. It ig stated by him that his duty hours and the cuty hours of Ajay Mishra were same. ft is stated that they stayed at bridge for about 40minutes and written work was done during this period of 10 minutes only. [tis stated that they all signed the seizure memo of the said ticket. It ' Lf is admitted by this witness that except three of them no one else had signed the said document. It is stated that it was his routine duty to examine the tickets to see if the same were forged or genuine. It is stated that he was never called in police station for recording of his statement. { is denied by him that accused Ram Babu had never gone to railway station.