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Admission/denial of documents u/s 294 Cr.P.C.

4. Admission/denial of documents u/s 294 Cr.P.C. was conducted on 07.03.2023 during which accused admitted the Order dated 27.10.2017 of Ld. ASJ (South) vide which he was declared Proclaimed Offender in the present case.

PROSECUTION EVIDENCE

5. Prosecution examined ten (10) witnesses in its favour.

6. PW1 is the complainant Ms. Kusum Sehgal. She deposed about the manner in which she was cheated by the accused and the circumstances which led to his arrest. She also proved her complaint (Ex. PW1/A) to the police, cheated amount of Rs 5,000/- i.e. 10 currency notes of denomination of Rs 500/- each (Ex. P1), 15 fake foreign currency notes in denomination of US Dollar 100 (Ex. P3) and fake I-Card (Ex. P2) seized by the police from accused vide seizure memos Ex. PW1/A, Ex. PW1/B and Ex. PW1/C. She also FIR No. 118/2011 PS Lodhi Colony State Vs Oghene Jackson Onoriode 18.03.2023 Pg No. 3 of 35 proved the e-mails exchanged with Ms. Mashabane, Linux Security and scanned copies of certain documents annexed with the e-mails as Ex. PW1/D1 to Ex. PW1/D72 which were seized by the IO vide seizure memo Ex. PW1/D.

18. I have heard detailed final arguments on behalf of the accused persons and State. I have perused the record carefully.

DISCUSSION How complainant / PW1 met the accused

19. The testimony of PW1 Ms. Kusum Sehgal shows that in May 2011, she received an e-mail from one Ms. Mashabane who claimed to be a Minister. In the said e-mail, Ms. Mashabane stated that her husband had died and his money amounting to about 3.5 million Dollars was lying with Linux Security Company, UK. She also submitted that she could not use the said money as the South African Government was not aware about the same and that the entire amount could be credited to the bank account of the complainant out of which 20% of the total amount would be retained by the complainant and the remaining amount would be handed over to Ms. Mashabane. A draft Agreement in this regard containing the FIR No. 118/2011 PS Lodhi Colony State Vs Oghene Jackson Onoriode 18.03.2023 Pg No. 11 of 35 terms and conditions of the transaction of money worth 3.5 million Dollars was also e-mailed to the complainant. The complainant refused to sign the same as she had objections related to some clauses. Ms. Mashabane again e-mailed an amended Agreement which was signed by the complainant and a scanned copy of the same was sent to Ms. Mashabane. As required by Ms. Mashabane, the complainant also provided her passport number, copy of passport, her personal bank account number and also bank account number of her company K. S. International to her. In return, Ms. Mashabane also sent her passport details to the complainant. The final transaction with Ms. Mashabane was to be done in the month of June 2011 regarding which the complainant received an e-mail from her in which it was informed that one person from Linux Security Company would be contacting her. The complainant, thereafter, received an e-mail from Linux Security Company in which they introduced themselves as a security company and stated that Ms. Mashabane had directed them to contact her (complainant). The complainant also received a phone call from Linux Security Company asking her to bear the expenses of travel and food etc. of the person who would be visiting the complainant on behalf of the company. The complainant refused.

20. Thereafter, in the month of June, upon her return from China, complainant found a large number of e-mails in which Ms. Mashabane again tried to lure the complainant by repeating the same story of the money of her husband lying with the Security Company.

FIR No. 118/2011 PS Lodhi Colony State Vs Oghene Jackson Onoriode 18.03.2023 Pg No. 12 of 35 She asked the complainant to give some money to the officer of Security Company for the purpose of verification.

21. On 18.07.2011 at around 07:00 AM to 07:30 AM, complainant received a telephonic call from one Mbeki from Linux Security Company who informed the complainant that he was at Bombay Airport. At about 09:30 AM, Mbeki again called the complainant informing her that he had to get the parcel released at Bombay Airport for which he needed 500 US Dollars. When complainant informed him that she did not have US Dollars, he asked her to transfer an amount of Rs 34,500/- in a bank account. The complainant refused.

Whether the events narrated by the complainant could be proved

26. Printouts of the e-mails Ex. PW1/D1 to Ex. PW1/D72 received from Ms. Mashabane who claimed to be Minister of International Relations and Cooperation and from Linux Security and Trust Company, UK as well as the scanned copies Agreement dated 14/15.05.2011 signed by Ms. Mashabane, Letter of Purchase Agreement of Jewelleries from India dated 18.05.2011, Payment Notification dated 23.05.2011 issued by Linux Security & Trust Company, a courier receipt, last page of passport of Ms. Mashabane purportedly issued by Republic of South Africa and a Certificate dated 21.10.2003 mentioning that one Norman Mashabane had deposited US $ 3.5 million with Linux Security and Trust Company for custody and investment are part of the charge-sheet. However, these documents are not supported by the requisite Certificate u/s 65B of the Indian Evidence Act, 1872.