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It is the case of the prosecution that on 09.05.2002 at Canadian Embassy, both accused namely Yashpal and Sushil Kumar in furtherance of their common intention along with other co-accused Mastan Singh have applied for Visitor Visa for Mastan Singh, at Canadian Embassy, New Delhi and furnished forged documents as mentioned in the complaint dated 08.05.2002, 'Mark A' along with the application to obtain the said Visa and thereby attempted to cheat the Canadian Embassy. It is further alleged that both the above said accused used forged documents as genuine despite knowing that the documents were forged. On these allegations, present case was registered against the accused for the offences u/s 420/511/468/471 IPC.

2. After investigations, charge sheet in the matter was filed. A formal charge for the offences U/s 420/511/34 IPC & 471 r/w 34 IPC was settled against the accused Yashpal and Sushil Kumar on 15.10.2009 to which both accused pleaded not guilty and claimed trial.

3. Thereafter, prosecution has examined 5 witnesses out of the total 7 witnesses cited in the list of witnesses. 

(i)               No witness has been examined as PW 1.

(ii)              PW 2 Sh. Harbajan Lal, Officer from OBC, Kapurthala deposed

in his examination in chief that he was posted in Beguwala branch, Kapurthala, Punjab of Oriental Bank of Commerce since last one year; he had come to the Court on behalf of Manager 'Oriental Bank of Commerce' Branch Beguwala, District Kapurthala with regard to genuineness of FDR No. (Serial) 2356489 A/c 999 dated 29.10.2000 in favour of Mastan S/o Sh. Fauza; as per their records this FDR was not issued from their branch. He produced original cumulative FIR NO.: 105 of 2002 POLICE STATION: CHANAKAYA PURI U/S: 420/468/471/511 IPC 2 of 11 deposit ledger sheet vide which the FDR no. 999 with serial number 0459861/5972 were issued in favour of Ms. Gurjeet Kaur W/o Sh. Kuldeep Singh. He deposed that the said FDR was issued on 27.09.2000; he had placed the copy (certified) by Senior Manger on record and the same was Ex. PW 2/A bearing signatures of their Branch Manager Sh. Ashok Sabarwal at point A. He further stated that he had also seen the letter dated 04.02.2003 issued by the Manager, Oriental Bank of Commerce, Kapurthala and the same was Ex. PW 2/B bearing signatures of Manger at point A. This witness was not cross-examined by Defence despite opportunity being given.

(iv) PW 4 HC Deep Kumar proved on record the copy of FIR No. 105/02 as Ex. PW 4/A bearing his signatures at point A. In his cross-examination by Sh. Sanjeev Malik, Ld. Defence Counsel PW 4 admitted that he had no personal knowledge of the present case.

(v) PW 5 Ct. J.P. Dinkar deposed in his examination in chief that on 09.05.2002, he was posted at PS Chanakaya Puri. On that day he along with IO SI Kishan Kumar reached near Canada Embassy. The 1st Secretary Mr. A. Milic met them and produced one Mr. Mastan Singh, who was not present in the court being P.O. and gave a written complaint along with some documents to the IO. The rukka was prepared by the IO and the witness got the case registered in the PS and came back at the spot along with copy of FIR and original rukka. His FIR NO.: 105 of 2002 POLICE STATION: CHANAKAYA PURI U/S: 420/468/471/511 IPC 3 of 11 disclosure statement was recorded vide memo EX. PW 5/A and then he was arrested vide memo 5/B; his personal search was conducted vide memo EX. PW 5/C. All memos were bearing his signatures at Point A respectively. The specimen handwriting of the accused was also taken by the IO. The accused was medically examined. On 10/05/2012 disclosure statement of Mastan Singh, accused Yashpal and Sushil were recorded vide memo EX. PW 5/D and EX. PW 5/E. Both were bearing his signatures at point A and the disclosure statement of accused Yashpal was recorded vide memo EX. PW 5/F bearing his signature at point A. PW 5 identified both accused Yashpal and Sushil in the Court and further deposed that IO recorded his statement.