YAGYA DUTT SHARMA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) YAGYA Dutt Sharma (the appellant) challenges a judgment dated 16.08.2012 in Sessions Case No. 49/2009 arising out of FIR No. 255/07 PS Dwarka by which he was held guilty for committing offence punishable under Sections 255/256/259/260/420/120B IPC. By an order dated 23.08.2012, he was awarded RI for seven years with fine Rs. 25,000/- under Section 256 IPC and imprisonment for the period already undergone under Section 255/259/260/420/120B with fine Rs. 25,000/-.

(2.) ALLEGATIONS against the appellant were that on 10.03.2007 he with his associates hatched a criminal conspiracy to print counterfeit postal stamps and pursuant to that criminal conspiracy, the appellant ­ Yagya Dutt Sharma and his associates Hari Narayan and Virender Kumar were found in possession of counterfeit sheets of postal stamps and instruments and materials, such as scanner, printer, CPU, hard disc, one CD found in the CD driver of CPU, computer screen, keyboard, mouse, two software scanner CDs, etc. for the purpose of being used knowing or having reasons to believe that these were intended to be used for counterfeiting the stamps issued by the Government for the purpose of revenue. After completion of investigation, a charge-sheet was filed before the concerned Metropolitan Magistrate. The accused along with associates was duly charged and brought to trial. The prosecution examined 33 witnesses to prove the charges. In their 313 statements, the accused persons pleaded false implication. After considering the rival contentions of the parties and appreciating the evidence on record, the Trial Court, by the impugned judgment, held the appellant guilty for the offences mentioned previously and sentenced him accordingly. Being aggrieved, he has preferred the appeal.

(3.) SINCE the appellant ­ Yagya Dutt Sharma has opted not to challenge conviction and has accepted it voluntarily in the presence of overwhelming evidence, findings of the Trial Court on conviction are affirmed.