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60. There is one entry in the log book of City Control Room recorded at 13.15 PM being Q4 in Ex. PW16/B, which is in the handwriting of A17, Jaspal Singh Gosain, who was posted as Head Operator( Constable) in City Control Room on 51 03.07.09. The entry had been proved by PW16 Mahesh Arya of City Control Room, also posted as Head Operator. Another witness is PW22 HC Narender Kumar, who was posted at City Control Room Wireless Section, as Radio Transmitter on 03.07.09. The writing at Q4 on back page of Ex. PW16/B was examined by PW110 R.S. Rana, Scientist at CFSL Unit, Shimla, Himachal Pradesh, and he had proved his report Ex. PW110/B to the effect that the portion Q4 at back page of Ex. PW16/B, had been inserted later on. The entry being in the handwriting of A17 Jaspal Singh Gosain, is not disputed by him, but it is stated that entry was made on 03.07.09 at 1.15 P.M., as per the information received, regarding checking of motorcycle no. HR 06G 9093, as directed by SP City. Even without opinion of an expert, the entry at 1.15 P.M. at Q4 on the back of Ex. PW16/B, being the log book of City Control Room, Dehradun dated 03.07.09, it is clear with naked eye, that entry has been made later on and the entry has been made for a purpose. It makes no difference, if other entries recorded at 1.20 PM on 03.07.09, and subsequent to that also speaks for continuation of the checking to apprehend the miscreant, since 52 the information recorded at 1.20 PM, is the one having been received from T5(A1 S.K. Jaiswal), and he had informed City Control Room that checking is to continue, as per the direction of SP City(Panther). If the information received from SP City has already been recorded in the log book of City Control Room at 1.15 PM, there was no question of further information through T5(A1 S.K. Jaiswal) that checking shall continue, which was to continue even otherwise, if the information recorded at 1.15 PM, being Q4, on the reverse page of Ex. PW16/B was correct and had been received from S.P City.
61. The entry recorded in General Diary of Police Station Dalanwala dated 03.07.09 vide entry number 29 at 13.20 hours ( cuttings and overwriting) Ex.PW64/E4, it is stated that the person brought by CheetahVI, was Ct. Karunesh, was having a service revolver, and on this, SHO immediately gave the intimation to City Control room as well as to senior officers, and then, SP City gave the directions to continue the checking. Directions from SP City to that effect are already recorded at 1.15 PM being Q4( Ex. PW16/B) in 53 the log book of City Control Room, and another entry at 1.20 PM of the information being received from SHO, P.S. Dalanwala, A1 S.K. Jaiswal. Thus, the entry being Q4 in Ex. PW16/B, being the log book of City Control Room dated 03.07.09, is a manipulated entry and circumstances points to nothing else. Also, as per entry Ex. PW64/E4 being the entry in General Diary of P.S. Dalanwala dated 03.07.09, Ct. Karunesh was having a service revolver whereas in fact as deposed by PW68 Rajender Singh Negi, he was issued only a rifle, and no effort was made to ascertain whether the revolver in case, Ct. Karunesh was carrying, was the service revolver, had been issued to him, particularly, when it is the case of the local police as well as the defence of the accused persons that he was apprehended, as a suspect of the incident of Mohini Road and was taken to police station, Dalanwala by officials on duty at CheetahVI, being the motorcycle riders.
109. A17, Jaspal Singh Gosain, has been charged for the offence punishable Under Section 218 I.P.C. The allegations proved against him are that he made a fake entry in the City Control Room log book at 1.15 P.M on 03.07.2009 to the effect that Panther (SP City) has given the information of three miscreants running towards Nehru Colony on a motorcycle No. HR06G9093 and that checking was to continue. He was a public servant on 03.07.2009, posted as Head Operator (Constable) in City Control Room, Dehradun and was charged for the preparation of the record/writings in the log book of City Control Room and a false entry was made 117 by him with intent to save the accused persons in the case from legal punishment. Thus, ingredients of offence punishable Under Section 218 I.P.C are made out against A17, Jaspal Singh Gosain.
111. Lastly, A16, Inderbhan Singh has also been charged for offence punishable Under Section 218 I.P.C. He 118 was a driver on vehicle No.UA07A3846 Gypsy of P.S Nehru Colony, Dehradun on 03.07.2009 and was charged for preparing the record/writings of the log book of the vehicle and the allegations are that he made false entry in the log book of the vehicle. As already held, the prosecution has not been able to prove the fact that he had taken the vehicle at the places other than what was recorded in the log book as the information as per Ex. PW17/B, Ex. PW17/C, Ex. PW17/G or Ex. PW17/E of Global Positioning System and CCTV footage at Sahastradhara crossing vide report Ex. PW111/A could not be proved through legally admissible evidence, so offence punishable Under Section 218 I.P.C is not made out against A16, Inderbhan Singh.