State vs Tej Pal Singh @ Teja on 4 August, 2009
PW4 has deposed that on the day of the incident, he was coming
back alongwith PW3 after attending DD no. 39 A and at 11:30pm, they
reached New Lyallpur where secret informer met them and informed them
about a person selling blue CDs at Machiwali gali and thereafter PW2 who
was on patrolling duty met them. PW4 went on to depose that PW2 was
made a decoy customer and sent to the shop in question with 100/- for
purchasing CD and after receiving signal from PW2, at about 11:50 pm,
PW3 and PW4 went to the shop and apprehended the accused. PW2 has
also deposed that he met PW4/IO and PW3 at 11:30 pm and PW3 and
PW4 raided the shop no. 2/11 New Lyallpur Krishna Nagar at 11:50 pm. In
the FIR Ex. PW1/A (OSR) also, the time period of the offence in question is
mentioned as "11:30 pm to 11:50 pm". However, the above testimony of
PW4/IO is completely at odds with the following documents which have
come on record. The first document is copy of DD entry no. 39A which was
placed on record by the PW4 himself i.e. Ex. PW4/X as per which it was a
PCR call received at 11:50 pm which was handed over to PW4. The
obvious question which therefore arises is that if DD no. 39A was handed
over to PW4 at 11:50 pm which admittedly he attended to prior to
FIR No.123/04 pages 5 out of11
State vs. Tej Pal Singh
apprehension of the accused, it is not possible that he conducted the raid
on the shop in question at 11:50 pm as deposed by the PWs. Further,
PW4/IO was confronted with the documents Ex. PW4/D1 i.e. the certified
copy of the proceedings undertaken in kalandra u/s 107/151 CrPC. As per
Ex. PW4/D1, on 18/3/2004, PW4 had attended another call on 100 no.
made by one Usha Rani recorded vide DD no. 32A in the PS at 9:50 pm
and at 11:25 pm, the IO/PW4 was present at the PS after arresting one
Pradeep vide kalandra u/s 107/151 CrPC pursuant to the said call. The
obvious question which again arises is that if the IO was present in the PS
at 11:25 pm he could not have been present at New Lyallpur at 11:30 pm.
In fact during cross examination, PW4 deposed that he was present in the
PS at 11:30 pm on 18/3/2004. No explanation has been provided by PW4
for this glaring discrepancy other than that his own watch was behind time
and he had not seen the clock installed in the PS on that day. This expla-
nation also runs in the face of the testimony of PW2 who has affirmed that
he met PW4 and PW3 at 11:30 pm and the raid was conducted at 11:50
pm and that of PW3 who deposed during his cross examination by the Ld.
APP that the raid was conducted at 11:50 pm.
To sum up, the clear mismatch in the testimony of PW4 and the
abovementioned documents raise a strong suspicion upon the factum of
the alleged raid having been conducted at shop no. 2/11 New Lyallpur
Krishna Nagar on 18/3/2004.