Court highlights flaws in police theory: ‘The way in which raid has been conducted… speaks a lot about doubt in the prosecution case’

While acquitting each the accused, the tribunal observed, “It is held that the prosecution has failed to beryllium the offence nether sections 120-B (criminal conspiracy), 420 (cheating), 489- A (whoever counterfeits, oregon knowingly performs immoderate portion of the process of counterfeiting), 489-B (whoever sells to, oregon buys oregon receives from, immoderate different person, oregon different traffics successful oregon uses arsenic genuine, immoderate forged oregon counterfeit currency-note), 489-C (Whoever has successful his possession immoderate forged oregon counterfeit currency-note), and 489-D (Whoever has successful his possession immoderate forged oregon counterfeit currency-note) of the Indian Penal Code (IPC) for which the accused were charged, beyond tenable uncertainty and the accused Sarabjeet Singh, Deepak Kumar, Rajni Vinayak and Atika Sikka are acquitted of the charges framed against them by giving them payment of doubt.”

The prosecution lawsuit was that connected July 17, 2021, concealed informer informed SI (Sub-Inspector) Manpreet Singh that Sarabjeet Singh, who was representing himself to beryllium a constabulary officer, on with Rajni Vinayak, alias Khaira Madam, Deepak Kumar, Atika Sikka and different chartless persons successful connivance with each different are indulging successful the concern of selling fake Indian currency notes.

They hole these currency notes by themselves and inquire the radical that immoderate magnitude of archetypal currency notes they volition springiness them, they volition treble the magnitude of fake currency notes and these tin beryllium utilized successful the marketplace arsenic the existent currency notes.

They are besides utilizing these fake currency notes successful the marketplace arsenic existent currency notes and if raid would beryllium conducted, they could beryllium apprehended with fake currency notes and mechanical and electrical instruments utilized for preparing fake currency notes could beryllium recovered. On the ground of the supra said concealed information, FIR was registered.

Thereafter, a raid was conducted astatine their location and from 1 room, 20 currency notes of the denomination of Rs 500 and 10 currency notes of the denomination of Rs 200 amounting to Rs 12,000 were recovered from accused Rajni Vinayak and Atika Sikka.

While highlighting the flaws successful the probe of the case, the tribunal noted, “It is the lawsuit of the accused close from the signifier of bail exertion that successful information accused Atika Sikka had taken House No.44, Phase 3-A, Mohali connected rent, which was successful the sanction of the parent of the elder constabulary authoritative astatine Mohali and they wanted to get it vacated and accused Atika Sikka had besides initiated civilian suit for imperishable injunction against the proprietor of the said location arsenic good arsenic others, who were constabulary officials for threatening her and to get the location vacated illegally without pursuing owed process of law.”

“But the IO arsenic good arsenic different officials progressive successful the investigation, remained oblivious of this fact, though it is coming connected the grounds from the archetypal stage. The IO, who is besides complainant of the case, made an effort to depose with said precision that lawsuit volition look afloat proof, but the mode and mode successful which raid has been conducted and further probe has been conducted by PW-4 that itself speaks a batch astir the uncertainty successful the lawsuit of the prosecution with respect to the said raid,” the tribunal observed.

Noting further, the tribunal observed, “It is the lawsuit of the prosecution successful the grounds of PW-4 (SI Manpreet Singh) arsenic good arsenic successful the grounds of PW-2 (Inspector Ravinder Singh) who was subordinate of the constabulary enactment astatine the clip of raid that the constabulary enactment archetypal entered the crushed level wherever accused Atika Sikka and Rajni Vinayak were recovered and fake currency has besides been recovered portion lying connected the bed.”

“PW-4 arsenic good arsenic PW-2 person specifically deposed that archetypal they apprehended and recovered fake currency notes astatine the crushed level from the accused Atika Sikka and Rajni Vinayak and thereafter, they went to the archetypal level of the house, wherever accused Deepak Kumar was recovered operating connected the laptop.

If it was not the raid simultaneously connected the full house, past it cannot beryllium believed that accused Deepak Kumar, who was said to beryllium moving astatine that clip connected the computer, volition not travel to cognize and volition support waiting for the constabulary enactment to travel successful his country and apprehend him and retrieve the currency notes. It is not the lawsuit of the prosecution that it is multi-storey building, alternatively arsenic per information, which is made retired from the case, determination are crushed level and archetypal level successful the said house,” the tribunal highlighted.

On the location successful question, the tribunal observed, “If the IO PW-4 is taken arsenic per his deposition, the concealed informer erstwhile met 2nd time, helium had adjacent told astir accused Deepak Kumar connected the archetypal level and machinery installed connected the archetypal floor. In these circumstances, it does not basal to crushed that the constabulary enactment astatine the archetypal lawsuit volition confine to crushed level only. In the cross-examination, PW-4 has stated that during investigation, helium had recovered that proprietor of the House No. 44, Phase-3A, Mohali was Paramjit Kaur, woman of Swaran Singh, but helium did not articulation Paramjit Kaur arsenic witnesser successful the contiguous case.”

“He did not springiness immoderate announcement to said Paramjit Kaur to verify that she is proprietor of the location oregon whether she had fto retired the location to Atika Sikka, Rajni Vinayak and Deepak Kumar. He had not joined immoderate of the neighbors to ascertain arsenic to whether the accused were surviving successful House No.44, Phase-3A, Mohali arsenic tenants. PW-4 does not cognize whether lad of Paramjit Kaur was the SSP of Mohali astatine that time. He had not called the proprietor of the said location astatine the clip of preparing the tract program from wherever the betterment was effected by him,” the tribunal observed.

“When the defence asked PW-4 with respect to the civilian litigation initiated by accused against the proprietor of the said location and different constabulary officials by making them enactment by name, PW-4 has shown his implicit unawareness and ignorance. He has specifically stated that helium did not person cognition arsenic to whether immoderate civilian litigation is going connected successful Mohali courts regarding the location successful question oregon that enactment had been granted by the Civil Court successful favour of accused Atika Sikka,” the tribunal remarked.