Crim inal Revision v. St at e of Punj ab

dat ed 25 2003 passed by t he Judicial Magist rat eI st Ciass Ludhiana convict ing t he pet it ioner under Pooj a 2012.10.06 15: 59 Sect ion 409 of True Scanned Copy Of The Original PHHC,Chandigarh t he I ndian PenalCode short t he Code JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 491 0 1 e2e Crim inal Revision Noa1881 of 2003 sent encing him t o undergo rigorous im prisonm entfor one year and t o pay fine of Rs10001 in default whereof t o undergofurt her rigorousim prisonm ent for fift een dayswere Uphelde The inst ant regist ered against t he pet it ioner Ludhiana t he com plaint of t he Addit ional Sessions Judge As per allegat ions against t he pet it ioner he failed t o account t he t he case t it led St at e ve Deeoak 1 r 0 0 I C5 Kum ar t o t race it out The prosecut ion against said Deepak Z Kum ar had been I aunched under t he Prevent ion of Corrupt ionAct 1988 been discharged by t he SpecialJudge Ludhiana for want of proper sanct ion The prosecut ion t hereaft er filed a fresh challan against Deepak Kum ar and as t he previousfile was also required by t he Court However t he sam e not t raceable An inquiry was conduct ed by Mr PS Baj aj X c45 r 7 Z t he t hen Special Judge Ludhiana t o t race out t he said file and he concluded t hat t he pet it ioner who was workingas Ahlm ad in t he Court of t he Special ludge Ludhiana t he relevant t im e received t he I ost file from t he CopyingAgency on 211994 I at er on failed t o account t o t race it The pet it ioner allegedly did not cooperat e in t he inquiry and I ed t o t he regist rat ionof t he present case against him The pet it ioner arrest ed and aft er com plet ionof invest igat ion challan against him was subm it t ed in t he Court The pet it ioner was charged under Sect ion 409 of t he Code He did not plead guilt y t o t he charge and claim ed t rial t he t rial t he prosecut ion exam ined Assist ant Sub Pooj a 2012.10.06 15: 59 True Scanned Copy Of The Original At PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 492 Q r 8 Crim inal Revision N001881 of 2003 R I nspect orinder Kum ar PWl Assist ant Sub I nspect or Mohan Lal PW21 Mr Am arj itSinghSodhi Dist rict and Sessions Judge Ret d Ludhiana PW3 Kirpal Singh Copyist AVAl Kam alj it SinghAhlm ad PI A51 Dharam pa1Reader PW6l Ram esh Negi ret ired Superint endent of t he om ce of t he Dist rict and Sessions 3udge Ludhiana PW7 Assist ant Sub I nspect or Hakam Singh Mr GS Khurana Dist rict and Sessions Judge I et d PW81 Ludhiana W and Mr Lakhbir Singh t he t hen Addit ional 1 Q 0 C I C5 I Z Dist rict and Sessions JudgeLudhiana N 101 I 08 m Z Ll Aft er t he closure of t he prosecut ion evidence st at em ent t he was recorded under S6ct ion 313 of t he Code of Crim inal Procedure in which he int er alia st at ed as underl I l I was not post ed in t he Special Court of Shri ASa Sodhi and I was not dealingwit h t he relevant record I was not ent rust ed wit h t he j udicialfile of crim inal case t it led St at e Vse Deepak Kum ar from Dharam pal I t o sum m on record of m y post ing as on 21994 and also want t o t ender I et t er of Ld Dist rict a Sessions Judge Shri SS Arora dat ed 1 4 2000 I have not m isappropriat edany of t he j udicialfile and I also want t o t ender ot her Pooj a 2012.10.06 15: 59 True Scanned Copy Of The Original PHHC,Chandigarh relevant record JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 493 61 4 Crim inal Revision No881 of 2003 1 t r 0 C I 0 I Z 08 Wm J Z t l The pet it ioner in defence exam ined Jagt 8rSingh 3unior Assist ant Office of t he Dist rict At t orney Dist rict Court s Ludhiana DWlJ Kam al Krishan EnglishClerk in t he office of t he Dist rict and Sessions Judge Ludhiana DW2J e I have heard t he learned counsel t he part ies and gone t hrough t he records of t he case The soie t o be exam ined in t his case is as t o whet her t he file in quest ion handed over t o t he pet it ioner 211994 t he quest ion whet her dishonest lym isplaced t he sam e com es I at er The pet it ioner denied t he allegat ionof dishonest ly m isplacing t he fit e I ll quest ion and t ook t he st and t hat on t he relevant dat e he not post ed as Ahlm ad in t he Court of t he Special Judge Ludhiana Service Book of t he pet it ioner is Exhibit P1 accordingt o which he rem ained post ed as Ahlm ad in t he Court Mr AS Sodhi Addit ional Dist rict and Sessions JudgeI m e SpecialJudge Ludhiana from l61993 t o 1081993 As Service Book Exhibit P 11 aft er his t ransfer from t he Court of t he SpeciaiJudge Ludhiana t he pet it ioner rem ained post ed wit h t he Court of Mr GS Khurana Addit ional Dislt rict and Sessions Judge Ludhiana from 118 1994 t o 309 1994 Besides Kam ai Krishan DW21 who EngI ishCierk in t he office of t he Dist rict and Sessions Judge Ludhiana produced Pay Bill Exhibit DNV2181of t he st aff at t ached wit h t he Special Judge Ludhiana according t o which Kesav Lal Set hiwas t he Reader Harish Bat ra was t he St el Gurnam Singh was Translat or Aj ay Kuam r Set ia was Ahlm ad Pooj a 2012.10.06 15: 59 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 494 Q 5 Crim inal Revision N0e1881 of 2003 Ashwani Kum ar was Addit ional Ahlm ad and Avt ar Singh was Copy Clerk in t he Court of t he SpecialJudge Ludhiana in Sept em ber 1994 Pay Bill Exhibit DW 2181of t he st aff at t ached wit h t he SpecialJudge Ludhiana aiso shows t hat Sm t Sudarshan Modi t he Special Judge in Sept em ber1994 The only evidence regarding t he receipt of t he file in quest ion by t he pet it ioner I S t he st at em ent of KirpalSingh Copyist 4WAl who proved t he ent ry Exhibit ANlI AI A and st at ed t hat he had handed over t he said file t o t he pet it ioner I t I S wort h m ent ioning here t hat t he pet it ioner was prej udiced prayer for exam i n ing t he Ha ndwrit ingExpert t o prove t hat t he ent ry m 0 C I C5 I Z 0 I 08 Exhibit AWAI AJ in his handwrit ing acceded t o by t he t rialCour n7 Z I n view of t he above I am of t he considered opinion Clm t hat t he j udgm ent of convict ion t he sent ence passedagainst t he pet it ioner by bot h t he Court s below j ust ified and t he pet it ionerdeserves acquit t al Consequen t h is revision pet it ion I S allowed t he im pugned j udgm entof convict ion and t he sent ence order are set aside and t he pet it ionerI S acquit t edof t he chargefram ed against him Novem ber 1 2009 MOHI NDER PAL O JUDGE Pooj a 2012.10.06 15: 59 True Scanned r63 Copy Of The Original PHHC,Chandigarh r JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document