Virender Kumar Rai & Anr. vs The State (Nct Of Delhi)
2013 Latest Caselaw 4026 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                               DECIDED ON : 9th SEPTEMBER, 2013

+                         CRL.A.1277/2012

       VIRENDER KUMAR RAI & ANR.                 ..... Appellants

                          Through :   Mr.Mr.P.K.Bhardwaj, Advocate
                                      with Mr.N.K.Sharma, Advocate.
                          versus

       THE STATE (NCT OF DELHI)                  ..... Respondent

Through : Mr.Lovkesh Sawhney, APP.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

S.P.Garg, J. (Open Court)

1. Virender Kumar Rai (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 offences

punishable under Sections 255/256/259/260/420/120B/170/420/468/473/

489D & 489/120B IPC. By an order dated 23.08.2012, he was directed to

(a) undergo sentence for period already undergone with fine ` 25,000/-

under Sections 255/259/260/420/120B IPC and in default of payment of

fine to undergo SI for six months; (b) RI for seven years with fine `

25,000/- under Section 256 IPC and in default of payment of fine to

undergo SI for six months; (c) RI for two years under Section 170 IPC; (d)

RI for seven years with fine ` 25,000/- under Section 420 IPC and in

default of payment of fine to undergo SI for six months; (e) RI for seven

years with fine ` 25,000/- under Section 468 IPC and in default of

payment of fine to undergo SI for six months; (f) RI for seven years with

fine ` 25,000/- under Section 473 IPC and in default of payment of fine to

undergo SI for six months; (g) RI for ten years with fine ` 50,000/- under

Section 489 D IPC and in default of payment of fine to undergo SI for one

year; and, (h) RI for ten years with fine ` 50,000/- under Section

489D/120B IPC and in default of payment of fine to undergo SI for one

year.

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 -

Virender Kumar and his associates Hari Narayan and Yagya Dutt Sharma

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 reason to believe that these were intended to be used for

counterfeiting the stamps issued by the Government for the purpose of

revenue. Further allegations against the appellant were that on 10.03.2007

ten sheets of fake postal stamps and one pen drive, knowing or having

reasons to believe that the same are intended to be used for the purpose of

counterfeiting stamps issued by Government for the purpose of revenue

and such stamps were counterfeited and knowingly performed part of

process of counterfeiting the fake stamps issued by the Government of

India for the purpose of revenue were recovered. 110 sheets of fake postal

stamps each sheet containing 50 postal stamps of denomination of ` 10/-

and ` 50/-, the pattern of logos on all the sheets so recovered, were similar

to the stamps recovered from other co-accused persons and counterfeited

or knowingly performed any part of the process of counterfeiting such

stamps before 10.03.2007 issued by the Government of India for the

purpose of revenue. Further allegations against him were that at WZ-

391A, First floor, Main Market, Palam, Delhi he impersonated himself as

senior officer in Food and Supply Department before one Ganesh Kumar

Mishra and cheated him to the tune of ` 1,60,000/- on the pretext to give

him a job and was running a fake parallel office of Food and Supplies,

MCD from the first floor of the premises and was found in possession of

three rubber stamps of Charak Palika Hospital, DDU Hospital and Deptt.

of Food & Supplies and one readymade rubber stamp kit, registers,

joining letters, blank format, survey reports, assessment forms and 78

original mark sheets and degrees and cheated the persons by selling such

degrees. It was further alleged that on 10.03.2007 at M-14, Niti Vihar,

Mubarik Pur, Delhi he forged appointment letter for Ganesh Kumar

Mishra for the purpose of cheating him to the tune of ` 1,60,000/- and

was found in possession of counterfeit seals and other material belonging

to Food and Supplies Departments, Weights, Measures and Consumer

Affairs, Govt. of India and NDMC with an intention to commit forgery

otherwise knowing the same to be counterfeit. After completion of

investigation, a charge-sheet was filed in the Court of 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. The appellant appeared before this Court pursuant to issuance

of production warrants with his counsel. Appellant's counsel on

instructions stated at Bar that the appellant has opted not to challenge the

findings on conviction under the aforesaid offences. He however prayed

to take lenient view as the appellant has already completed substantial

portion of the substantive sentence awarded to him and is not a previous

convict.

4. Since the appellant - Virender Kumar Rai 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.

5. The appellant - Virender Kumar Rai was directed to undergo

various terms of imprisonment with fine referred above, under different

offences. Nominal roll dated 05.09.2013 reveals that he has already

undergone six years, five months and seventeen days incarceration as on

05.09.2013. He also earned remission for four months and seventeen days.

The unexpired portion is three years, one month and twenty six days.

Nominal roll further reveals he is not a previous convict and his overall

jail conduct is satisfactory. He is aged about 42 years and is the only

earning member of the family. Learned APP has no objection to consider

the mitigating circumstances to modify the sentence order.

6. Taking into consideration all these mitigating circumstances,

the sentence order is modified to the extent that appellant-Virender Kumar

Rai shall undergo total RI for eight years with total fine ` 75,000/- and

failing to pay the fine to undergo SI for six months.

7. Appeal filed by Virender Kumar Rai stands disposed of in

the above terms.

8. Appeal qua Hari Narayan be listed on 29th October, 2013.

(S.P.GARG) JUDGE

SEPTEMBER 09, 2013 tr