Punjab-Haryana High Court
Shokat vs State Of Haryana on 21 March, 2025
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2025:PHHC:038981
CRR-1495-2009(O&M) #1#
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRR-1495-2009(O&M)
Date of Decision:-21.03.2025
Shokat.
......Petitioners.
Vs.
State of Haryana.
......Respondent.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Rajesh Lamba, Advocate for the Petitioner.
Mr. Dharam Pal, AAG Haryana.
***
JASJIT SINGH BEDI, J.(ORAL)
The present revision petition has been filed impugning the
judgment dated 26.05.2009 passed by Additional Sessions Judge, Fast Track
Court, Nuh whereby the appeal filed against the judgment of conviction and
order of sentence dated 18/20.02.2009 passed by Judicial Magistrate Ist
Class, Ferozepur Jhirka has been dismissed.
2. The FIR in the present case came to be registered on
13.07.2004. The judgment of conviction was passed on 18/20.02.2009 by
the Judicial Magistrate Ist Class, Ferozepur Jhirka. The Appeal filed
against the order of conviction was dismissed on 26.05.2009 by the
Additional Sessions Judge, Fast Track Court, Nuh. The instant revision
petition was filed on 29.05.2009 and has come up for final hearing now i.e.
after a period of 20 years from the date of registration of the FIR.
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3. The brief facts of the prosecution case are that on 13.7.2004
ASI Prabhudayal alongwith police party was present at Barkali chowk. A
secret information was received to the effect that Shoukat son of Sakoor,
resident of village Chhapra, P.S. Pahari, District Bharatpur, Rajasthan used
to give forged ravanna books and bill books showing the same to be issued
by Rajasthan Government's Mining & Earth Science Department to the
persons who stole stones and on the basis of those forged ravanna books and
bill books, stones were being stolen from Haryana by showing that the same
was being transported from Rajasthan authorized by the Government.
Shokat was standing at Barkali Chowk. The accused was apprehended and
was found in possession of a bag containing three forged ravanna books
issued by Rajasthan Government, four stamps and other forged document
duly stamped. The same were recovered from the possession of the accused
which were taken into police possession. The ruqa was sent to the police
station on which the case was registered against the accused. After
completion of necessary investigation, challan was presented before the
learned trial court.
4. The accused was charge sheeted under sections 420/467/468 of
IPC by the trial court to which he pleaded not guilty and claimed trial.
5. In order to prove its case, prosecution examined ASI
Prabhudayal as PW-1, Mukat Lal HC as PW-1, Mukat Lal HC as PW-2,
Jafar son of Sardar Khan as PW-3, Pehlad Singh HC No. 1222 as PW-4 and
Heera Lal constable No. 425 as PW-5.
6. The statement of the accused was recorded under section 313
Cr.P.C. was recorded wherein he denied each and every incriminating
allegation leveled against him.
7. Based on the evidence led, the accused/petitioner came to be
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convicted and sentenced by the court of Judicial Magistrate Ist Class,
Ferozepur Jhirka vide judgment and order of sentence dated 18/20.02.2009
as under:-
Offence under Section Sentence Fine RI/SI in default of
payment of fine
Section 420 IPC RI for 03 Years Rs.10,000/- RI for 90 Days
Section 467 IPC RI for 03 Years Rs.10,000/- RI for 90 Days
Section 468 IPC RI for 03 Years Rs.10,000/- RI for 90 Days
8. The accused/petitioner preferred an appeal which came to be
dismissed by the Court of Additional Sessions Judge, Fast Track Court, Nuh,
vide judgment dated 26.05.2009.
9. The aforementioned judgments are under challenge in the
present petition.
10. During the pendency of the instant revision petition, the
sentence of the accused/petitioner was suspended vide order dated
06.07.2009.
11. The learned counsel for the petitioner contends that the
prosecution has failed to prove the ravanna books and bill books before the
Trial Court as the property was not produced there. There are major
contradictions in the statements of witnesses. The prosecution has failed to
examine the material witnesses, namely, Sahil, Maksood and the mining
officer. The prosecution has also failed to prove that the accused had cheated
anyone or that he had prepared forged documents. He therefore prays that
he be acquitted of the charges framed against him. In addition, he contends
that in case this Court was to come to a finding that the prosecution had
established its case beyond reasonable doubt, then keeping in view the fact
that the occurrence was of the year 2004 and the case had come up for final
hearing now after a gap of 20 years, the accused/petitioner may be released
on probation or his sentence be reduced to the period already undergone by
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him subject to payment of compensation.
12. The Counsel for the State on the other hand has placed on
record the custody certificate dated 20.03.2025. He contends that the
accused had prepared forged ravanna books and bill books showing them to
be issued by the State Government, Rajasthan and in this way had helped
those persons who were indulging in theft of stones from Haryana despite
the ban on mining. As the prosecution had proved its case beyond
reasonable doubt the present petition was liable to be dismissed.
13. I have heard counsel for the parties.
14. IO ASI Prahudayal when appeared into witness box as PW-4
has supported the prosecution case to the effect that on 13.7.2004 accused
Shokat was apprehended on the basis of secret information and he was found
in possession of fake bill books showing the same relating to ABC Minerals,
receipts and Ravanna books showing the same issued by Rajasthan Govt.
Mining department, which were taken into possession through recovery
memo Ex. PW1/F. On 13.7.2004, the accused suffered his disclosure
statement and according to disclosure statement got recovered fake Ravanna
books relating to Rajasthan Government containing stamps of Mining
Department and bill books relating to ABC minerals containing stamps of
ABC minerals Pahari, Distt. Bharatpur, Rajasthan and bill books relating to
Sahil Stone traders. Ex.PW1/G is the sample stamps Impression. Mark P1 to
Mark P20 were photocopies of the documents recovered from the accused.
Ex.PW/H is stamp Impression of ABC minerals and ZAFAR. The recovery
of these fake documents is duly proved before the trial court by prosecution
witnesses namely PW-1 ASI Prabhudayal. PW-2 Mukat Lal HC, PW-4 C.
Parlhad Singh and PW-5 C. Heera Lal who have supported the prosecution
version to the effect that accused was found in possession of Ravanna books
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related to Rajasthan Mining Department and bill books ABC minerals and
ZAFAR. It cannot be stated that the accused possessed these Ravanna books
and bill books in the capacity of an employee of above said organizations
because the accused was neither an employee of Rajasthan Mining
Department and nor of the other minerals companies. The defence has failed
to establish that how the accused came in possession of the bill books and
Ravanna books of the Rajasthan Government's Mining Department and
other minerals traders. Thus, the commission of the offence stands
established beyond reasonable doubt.
15. In view of the above discussion, I find no merit in the petition
and the same stands dismissed.
16. As regards imposition of sentence, the occurrence pertains to
the year 2004 and as many as 20 years have passed ever since then. A
perusal of the custody certificate of the accused/petitioner would show that
there is no other case of similar nature. Therefore the sentences imposed
upon the accused/petitioner are reduced to the period already undergone by
him i.e. 02 months and 22 days. They shall all run concurrently.
17. The present revision petition stands disposed of in the above
terms.
( JASJIT SINGH BEDI )
JUDGE
March 21, 2025
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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