STATE OF HIMACHAL PRADESH Vs. CHARANJEET SINGH

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 20.9.1995 accused was put to trial. In terms of judgment dated 28.9.2000, passed by the ld. Judicial Magistrate, Ist Class (4), Shimla, H.P. in Cr. Case No. 183/2 of 1999/96, titled as State of H.P. versus Charanjeet Singh, accused stands acquitted of the charged offences. It is the case of prosecution that on 20.9.1995 at about 5.15 p.m., SI -Dhani Ram, Constable Beli Ram, HC -Desh Raj (PW -2), HC -Shamsher Singh and HC -Nirmal Dass were on traffic checking duty at Khalini Chowk. They noticed a vehicle (maruti car) bearing registration number HIS -3133 crossing the check post. The vehicle was stopped and the driver, who disclosed his name as Charanjeet Singh (accused) was asked to show his licence and documents of the car. Driving licence was in the name of Charanjeet Singh but registration certificate and the insurance documents were in the name of Pankaj Hotel, Circular Road, New Land, Shimla. There were cuttings on the registration certificate and the insurance documents. Also insurance pertained to maruti van and the registration certificate had an impression of a rubber stamp of R.L.A. Shimla. Since accused could not furnish sufficient explanation with regard to the discrepancies found in the documents, a complaint was lodged and rukka (Ext. PW 6/A) sent to Police Station, East Shimla, where F.I.R. No. 156/95 dated 20.9.1995 (Ext. PW 6/B) was registered. The matter was investigated by ASI -Gurdip Singh (PW -10) and Inspector Dhani Ram (PW -11). Investigation revealed that the vehicle in question actually belonged to Sh. Ashok Kumar (PW -7) who had lodged a report with regard to missing of his vehicle. The documents pertained to vehicle No. HIS -3133 which was owned by Sh. Ramesh Arora (PW -1). During police remand accused made confessional statement (Ext. PW 2/A) disclosing the fact that he had hidden a rubber stamp (Ext. P1) and a number plate bearing number PB -08A -8307 at his village in the neighbouring State which he could get recovered. Consequently on his behest recovery was effected by the police. Report of the hand writing expert was obtained by the police after the documents and specimen signature of the accused and impression of the stamp was sent for analysis. With the completion of investigation, challan was presented in the Court for trial.

(2.) THE accused was charged for having committed offences punishable under Sections 471, 468, 467 and 411 IPC to which he did not plead guilty and claimed trial.

(3.) APPRECIATING the material on record, Court below acquitted the accused of all the charged offences, hence the present appeal.