Vikas Chaudhary v. State

SANGITA DHINGRA SEHGAL, J. NOVEMBER 13, 2017 //gr

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgement reserved on: 7th September, 2017 Judgement pronounced on: 13th November, 2017 + CRL.A.825/2017 RAM PRASAD .....Appellant Through: Mr. Sanjeev Sarleen , Advocate. versus STATE OF NCT OF DELHI ....Respondent Through: Mr. Akshai Malik, APP for the State with ASI Sanjay Kumar. + CRL.A.849/2017 VIKAS CHAUDHARY .....Appellant Through: Mr. Jatin Rajput, Advocate. (DHCLSC) versus STATE OF NCT OF DELHI ....Respondent Through: Mr. Mukesh Kumar, APP for the State with ASI Sanjay Kumar. Judgement reserved on: 27th September, 2017 Judgement pronounced on: 13th November, 2017 + CRL.A. 816/2017 KRIPA SHANKAR SHARMA .....Appellant Through: Mr. P. Kumar and Mr. Abhih Kumar, Advocates. versus STATE OF NCT OF DELHI ....Respondent Through: Ms. Anita Abraham, APP for the State with ASI Sanjay Kumar from PS-SOS, Crime, Rohini, Sector-18. CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL 1. By this common judgement, I shall dispose of the above three appeals preferred against the common judgement dated 31.07.2017 and order on sentence dated 05.08.2017 passed by the Additional Sessions Judge in case FIR No. 117/2010 registered under Section 489C of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') at PS. Crime Branch, whereby all the three appellants were convicted under Section 489B/489C/120B/75/34 of IPC and sentenced to undergo Rigorous Imprisonment for a period of three years and fine of Rs.3000/- each and in default of payment of fine, simple imprisonment for a period of one month. 2. Briefly stated, facts relevant for the purpose of deciding the three appeals are that, a secret information was received by SI Sharad Kohli that one Ram Prasad was involved in circulating fake Indian currency notes in the area of Delhi and NCR. On receipt of the said information, a team constituting SI Sharad Kohli, ASI Harcharan Singh, ASI Ajmer, HC Kanwar Pal, Ct. Atul, Ct. Neeraj and Ct. Kaushal was formed that reached the spot where a deal was struck with Ram Prasad through a decoy customer/ASI Harcharan Singh. Ram Prasad agreed to give a total of Rs. 2.10 Lakhs fake Indian currency notes of the denominations of Rs.500/- and Rs.1000/-in lieu of Rs. 1.5 Lakhs original currency notes. On 05.08.2010 at around 05:20 p.m., accused Ram Prasad was apprehended while he was circulating fake Indian currency notes of the denominations of Rs.500/- and Rs.1000/-and a total of Rs.2.10 Lakhs were recovered from his possession which were seized vide seizure memos. Thereafter the present case was registered vide FIR No.117/2010 and investigation was taken up by Inspector Rajesh Sharma. During investigation, a rough site plan was prepared by the IO at the instance of SI Sharad Kohli and statements of the witnesses were recorded. Accused Ram Prasad was arrested and upon interrogation he disclosed that he procured fake currency notes from one Vikas Chaudhary of Mathura who alongwith Panditji of Noida further procured fake Indian Currency notes from Kolkata. Thereafter on 06.08.2010,Vikas Chaudhary was apprehended at the instance of accused Ram Prasad from old Cantt Sadar Bazaar, Mathura and a total of Rs.2.99 Lakhs of fake Indian currency notes were recovered from his possession. Accused Vikas Chaudhary was arrested and upon interrogation he further revealed that he alongwith one Kripa Shankar Sharma of Noida, UP used to procure fake Indian currency notes from Muklesh and Mossarraf Hossain of Malda, West Bengal. Further, Rs.1 Lakh original currency notes, which was paid by accused Ram Prasad to accused Vikas Chaudhary on 05.08.2010 in lieu of Rs.2.5 Lakhs fake Indian currency notes, were also recovered from the house of Vikas Chaudhary and the same were seized vide seizure memo. On 07.08.2010, accused Kripa Shankar Sharma was apprehended at the instance of Vikas Chaudhary from the main road in front of Lajpat Rai Market, Delhi and a total of Rs.3 Lakhs of fake Indian currency notes were recovered from his possession.