Rohtash vs The State (Nct Of Delhi)
2013 Latest Caselaw 4031 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                              DECIDED ON : 9th SEPTEMBER, 2013

+                   CRL.A.1255/2012 & CRL.M.B. 1937/2012

       ROHTASH                                   ..... Appellant

                         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. 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 ` 25,000/-

under Section 256 IPC and imprisonment for the period already

undergone under Section 255/259/260/420/120B with fine ` 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 ` 10 and ` 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. 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 had already completed substantial

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

convict.

4. 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.

5. The appellant - Rohtash was directed to undergo RI for seven

years with total fine ` 50,000/-. Nominal roll dated 04.09.2013 reveals

that he has already undergone five years, eight months and seventeen days

incarceration as on 04.09.2013. He also earned remission for twenty six

days. The unexpired portion is one year, two months and seventeen days.

Nominal roll further reveals that his overall jail conduct is satisfactory. He

is the only earning member of his 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 reduced to the six years with fine ` 10,000/- in all

and failing to pay the fine to undergo SI for two months.

7. Appeal stands disposed of in the above terms. Pending

application also stands disposed of.

(S.P.GARG) JUDGE

SEPTEMBER 09, 2013 tr