SANJIV KUMAR @ GORA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These appeals are directed against judgment and order dated 8.11.2006 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 1746-SB/2005 whereby the appeal of Sanjiv Kumar @ Gora has been dismissed, thereby affirming conviction recorded by Sessions Judge, Kapurthala in Sessions Case No. 18 of 2003 under Sections 395, 450 and 342 of the Indian Penal Code (IPC). However, the sentence has been reduced by the High Court from 10 years imprisonment to 3 years imprisonment with enhancement in the quantum of fine from Rs.2,000/- to Rs.1,00,000/- under Section 395 IPC, and from imprisonment of 7 years to imprisonment of 3 years with enhancement of fine from Rs.1000/-to Rs. 20,000/-under Section 450 IPC, without interfering in the quantum of sentence awarded by the trial court in respect of offence punishable under Section 342 IPC.

(2.) We have heard learned counsel for the parties and perused the papers on record.

(3.) Prosecution story, in brief, is that appellant Sanjiv Kumar @ Gora was posted as Assistant Sub Inspector at Police Station, City Phagwara. On 23.02.2002 at about 7.30 p.m., he along with some others committed trespass in the premises of M/s. Wadhawan Forex (P) Ltd., and committed robbery of Indian Currency of Rs.6,64,576/- and foreign currency of value of Rs.13,44,500/-. PW-1 Sukhraj Singh (complainant) was wrongfully confined, showing recovery of Rs.10,09,076/- of Indian and Foreign exchange recovered from him, and FIR No. 19 dated 23.02.2002 was lodged against him relating to offence punishable under Sections 411 and 414 IPC and under Section 3(B) and 3(C) of Foreign Exchange Management Act at the police station. On investigation, the said case filed against PW 1 Sukhraj Singh, Director of M/s. Wadhawan Forex (P) Ltd., was found to be false, and the FIR was cancelled. Complainant (PW1) Sukhraj Singh lodged a complaint with Deputy Inspector General of Police (Internal Vigilance Cell), Chandigarh, alleging as to the manner robbery was committed from premises of the above firm, and the amount of Indian and foreign currency, as mentioned above, was taken away even though the aforesaid firm M/s. Wadhawan Forex (P) Ltd. had a licence from Reserve Bank of India valid up to 28.05.2002 for sale and purchase of foreign currency. On the complaint of PW 1 Sukhraj Singh, enquiry was conducted, and thereafter First Information Report No. 147 (Ex.PB/1) was registered on 10.10.2002 against the appellant Sanjiv Kumar and he was arrested on 22.02.2003. After investigation, sanction (Ex.PF) for prosecution was sought and chargesheet was filed against him in respect of offences punishable under Sections 450,395 and 342 IPC.