BHANWAR SINGH Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The Appellants challenge the impugned judgment dated 15th November, 2002 convicting the Appellants for offence punishable under Section 489C IPC and the order on sentence dated 21st November, 2002 whereby they have been directed to undergo Rigorous Imprisonment for a period of two years with fine of Rs. 10,000/- each and in default of payment of fine to undergo simple imprisonment for a period of six months.

(2.) Learned counsel for the Appellant Bhanwar Singh contends that there was only recovery of one note of Rs. 500/- denomination from the pocket of Bhanwar Singh. No public witness was joined. There is contradiction in the statement of the witnesses. PW2 HC Rajender Singh stated that the recovery was from the front pocket of the shirt worn by the Appellant whereas PW5 SI Om Prakash stated that there was only one pocket on the left side and the recovery was made from there. PW5 SI Om Prakash stated that the SHO took out the currency note of Rs. 500/- from the pocket of Bhanwar Singh whereas the other two witnesses stated that the SI Om Prakash recovered the currency notes. Further Section 100 Cr.P.C. has been violated and at the time of search conducted at the premises of the Appellant, no public witness was associated. In view of the contradictory evidence and there being no corroboration to the testimony of the witnesses, the Appellant be acquitted of the charges framed or in the alternative he be released on probation or the period already undergone as the Appellant is not involved in any other case.

(3.) Learned counsel for the Appellant Sakaldeep while adopting the arguments of the learned counsel for the Appellant Bhanwar Singh further states that the prosecution has not proved that the allegedly recovered notes were kept in proper custody. Further PW5 SI Om Prakash admitted that at the time of search of the house of the Appellant Sakaldeep, two-three people were present, however they have not been made witnesses. Hence the appeal be allowed.