Yagya Dutt Sharma vs The State (Nct Of Delhi)
2013 Latest Caselaw 4038 Del

$-
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                               DECIDED ON : 9th SEPTEMBER, 2013

+                         CRL.A.1185/2012

       YAGYA DUTT SHARMA                               ..... 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. Yagya Dutt Sharma (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 he

with his associates hatched a criminal conspiracy to print counterfeit

postal stamps and pursuant to that criminal conspiracy, the appellant -

Yagya Dutt Sharma and his associates Hari Narayan and Virender Kumar

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 reasons to believe that these were intended to be used for

counterfeiting the stamps issued by the Government for the purpose of

revenue. 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 - Yagya Dutt Sharma 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 - Yagya Dutt Sharma was directed to undergo

RI for seven years with total fine ` 50,000/-. Nominal roll dated

03.09.2013 reveals that he has already undergone six years, five months

and twenty one days incarceration as on 03.09.2013. He also earned

remission for three months. The unexpired portion is three months and

nine days. Nominal roll further reveals that he is not involved in any other

criminal case and is not a previous convict. His overall jail conduct is

satisfactory. He is aged about 43 years and has four marriageable

daughters. 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 period already undergone with fine `

5,000/- in all and failing to pay the fine to undergo SI for one month.

7. Appeal stands disposed of in the above terms.

(S.P.GARG) JUDGE

SEPTEMBER 09, 2013 tr