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2. For offence under Section 395 IPC against Sudhanshu Shukla, Desraj, Saunda Rajan, Dharmender Singh, Charan Singh and Dipesh Kumar Mishra.

3. For offence under Section 474 IPC against Sudhanshu Shukla, Desraj, Charan Singh and Saunda Raja accused.

4. For offence under Section 170, 472 & 474 IPC against Sudhanshu Shukla accused."

Since accused persons pleaded not guilty and claimed trial, prosecution was called upon to lead evidence.

7. Arguments heard. File perused.

8. Learned defence counsel has submitted that present case was registered on the statement ofPW5 Sh. Kalpesh Kumar Barot, for the offences U/s 170, 171, 342, 384, 419, 420, 467, 468, 471, 474 and 120B IPC but there is nothing in the statement of PW5 regarding recovery of any incriminating material from any of the four accused and as such, it remains unexplained as to how case came to be registered for the offences U/s 467, 468, 471 & 474 IPC.

So far as offence under Section 474 IPC is concerned, Sudhanshu Shukla accused was no doubt found in possession of fake driving license but there is no evidence that he intended that same shall be fraudulently or dishonestly used as genuine. Therefore, prosecution has failed to bring home charge for this offence i.e. under Section 474 IPC.

As discussed above, prosecution has failed to establish beyond doubt recovery of seven counterfeit rubber stamps/seals from Sudhanshu Shukla accused so as to hold him liable for offence under Section 472 IPC.

1. Sudhanshu Shukla 1. under Section 120 B read with Section 2 years 5,000 1 month 392 IPC

2. Section 392 read with section 34 IPC. 4 years 10,000 2 months

3. under Section 474 IPC 1 year 1000 10 days

4. under Section 170 IPC 6 months 500 5 days

2. Deshraj 1. under Section 120 B read with Section 2 years 5,000 1 month 392 IPC