ROHTASH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) ROHTASH (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 at 11.00 A.M. a secret information was received in the Inter State Cell Crime Branch, Chankaya Puri that Virender Kumar and Hari Narain along with computer operator Yagya Dutt Sharma were printing counterfeit postal stamps on the first floor of the house near Old Syndicate Building, Palam. The secret informer told HC Veer Pal that Satpal @ Situ would also come to sell counterfeit postal stamps at half price of original postal stamps and the fake postal stamps could be purchased from him by telling the code word "Maange ne bheja hai". A Raiding Team was organized and at about 12.45 P.M. the Police Team reached Palam Village. HC Veer Pal was sent as a decoy customer. At about 01.45 P.M., Satpal @ Situ was seen coming down from the stairs of first floor of WZ-391A, Main Market, Palam Village, New Delhi and turned towards Old Syndicate Building, Palam. HC Veerpal met Satpal @ Situ and gave a signal to the members of raiding team by waiving his hand over his head. The raiding team led by ASI Chiranji Lal apprehended Satpal @ Situ. Three sheets of counterfeit postal stamps purchased from him containing 50 postal stamps were recovered which were in the denomination of Rs. 10 and Rs. 20. Pursuant to the disclosure statement made by Satpal @ Situ, the Police Team went to first floor of House No. WZ-391A, Main Market, Palam Village, New Delhi where Yagya Dutt Sharma was found sitting in front of the computer and Virender Kumar Rai and Har Narain were found sitting on the bench counting counterfeit postal stamps. Computer, colour scanner of make HP, Printer, CPU with hard disk were recovered from the said room. The postal stamps were recovered along with rubber stamps etc. ASI Chiranji Lal prepared rukka and lodged First Information Report. The investigation was taken over by ASI Rishi Ram. From a wooden shelf's drawer, pass-port, discharge certificates, Saral Form, agreement to sell, electricity bills, telephone bills, cheque books of different banks in the name of Rohtash Kumar and Rohtash Kanwar were seized. Kisan Vikas Patras of various denominations were also recovered. Accused Rohtash was arrested, interrogated and his disclosure statement was recorded. On 16.03.2007, three portions of brass metal dye engraved with 50 three times, photograph of Mahatma Gandhi and mark of RBI Security thread along with other documents were recovered from the house of accused Rohtash bearing No. 17/A, Gali No.2, Jain Road Laxmi Vihar, Uttam Nagar, Delhi. It revealed that Rohtash was residing as a tenant in flat No. 132, Vasant Apartment, Vasant Vihar under Smt. Sundari Khan. Statements of the witnesses conversant with the facts were recorded. During investigation, counterfeit stamps were sent for analysis to Indian Security Press, Nasik. 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 ­ Rohtash 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.