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1. The present case has originated from the charge-sheet filed by the State, against accused Yashpal Singh Tomar S/o Late Sh. Bhagat Singh. As per charge-sheet, on 07.01.2015 at unknown time at NTPC Ltd., Scope complex, New Delhi, accused sent a FAX/ letter from the office of Dr. S.K. Singh DG Global Need foundation having address 1/8 Double Storey Kabool Nagar for corporate sponsorship for award ceremony " National Talent Competition for Drawing Poster and Do it yourself Kit" NTC 2014" to be held on 13.02.2015 at ICR, Indraprastha and in the letter, a request had been made to NTPC Limited to sponsor award ceremony for Rs. 1,50,000/-. The fax number on the letter was of PM Office and the letter contained endorsement from PMO to award the sponsorship and on enquiry, it was found to be fake one and thereby allegedly attempted to cheat the complainant and other PSUs and thereby, had committed an offence punishable under Section 420/511 IPC. Also, he had forged the signatures of Dr. S.K. Singh and also made false endorsement with intention to cheat the complainant and other PSUs and also used the said forged documents as genuine and thus committed an offence punishable u/s 468/471 IPC.
2. On the basis of the charge-sheet, Court took cognizance of the offences on 12.02.2018, he was supplied with copy of charge-sheet and documents in compliance of Section 207 Cr.P.C. Court framed charge against the accused for offences punishable under Section 420/511/468/471 IPC. Charge was read over and explained to him to which he pleaded not guilty Digitally FIR No. 09/2015 State Vs. Yashpal Singh Tomar Page No.2 of 20 signed by PUNEET PS Crime Branch-South PUNEET PAHWA PAHWA Date:
NTC 2014" to be held on 13.02.2015 at ICR, Indraprastha and in the letter, a Digitally signed by FIR No. 09/2015 State Vs. Yashpal Singh Tomar Page No.12 of 20 PUNEET PS Crime Branch-South PUNEET PAHWA PAHWA Date:
2023.03.27 16:38:29 +0530 request had been made to NTPC Limited to sponsor award ceremony for Rs. 1,50,000/-. The fax number on the letter was of PM Office and the letter contains endorsement from PMO to do the award sponsorship and on enquiry, it was found to be fake one and thereby attempted to cheat the complainant and other PSUs and thereby, had committed an offence punishable under Section 420/511 IPC. Also, he had forged the signatures of Dr. S.K. Singh and also made false endorsement with intention to cheat the complainant and other PSUs and also used the said forged documents as genuine and thus committed an offence punishable u/s 468/471 IPC.
2023.03.27 16:39:44 +0530 beyond reasonable doubts and every benefit of doubt must be given to the accused, hence, the accused is entitled to every benefit arising due to lacuna's in the prosecution case.
33. In view of the above discussions, it is held that the prosecution has failed to prove its case against the accused and has not been able to prove the charge for the offence punishable under Section 420/511, Sections 468 and Section 471 of IPC against the accused. Accordingly, The accused Yashpal Singh Tomar, S/o Late Sh. Bhagat Singh, is hereby acquitted for the offences punishable under Section 420/511, Sections 468 and Section 471 of IPC. Accused is directed to furnish necessary bail bonds under Section 437A CrPC.