Vinod Kumar @ Shahid vs State (Govt. of NCT) of Delhi

S.P. Garg, J.—Vinod Kumar @ Shahid (the appellant) impugns a judgment dated 18.11.2011 in Sessions Case No. 20/2010 arising out of FIR No. 12/10 PS SRRS by which he was held guilty for committing offences punishable u/s 489B /489C IPC. By an order dated 22.11.2011, he was sentenced to undergo RI for five years with fine Rs. 10,000/-. Allegations against the appellant were that on 29.03.2010 at around 03.30 P.M., information was received that an individual Vinod along with his accomplice would come at around 07.00 P.M. to sell Indian counterfeit currency notes to passengers of Gorak Dham Express at Shakur Basti. A raiding party was organized and at about 07.00 P.M., the appellant was seen with a black bag in his hands and his associate Mohd. Afzal Haq @ Babloo coming from Railway Bridge side. A trap was laid and the appellant and his associates were apprehended while selling the counterfeit currency notes to the decoy witness. The black bag was checked and 36 counterfeit currency notes in the denomination of Rs. 500 were recovered. From the personal search of co-convict Mohd. Afzal Haq @ Babloo, 50 currency notes in the denomination of Rs. 100 each were recovered. Necessary proceedings were conducted. Statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was submitted against the present appellant and his associate Mohd. Afzal Haq @ Babloo. The prosecution examined nine witnesses. In their 313 statements, both pleaded false implication without leading any evidence in defence. The Trial Court, by the impugned judgment, held both of them guilty for the offence mentioned previously and sentenced them accordingly. Being aggrieved, the appellant has preferred the appeal.

During the course of arguments, appellant''s counsel on instructions stated at Bar that the appellant has opted not to challenge his conviction under the aforesaid offences and accepts it voluntarily. He however, prayed to take lenient view and to modify the sentence order as the appellant has clean antecedents and is not involved in any other criminal case. Learned Addl. Public Prosecutor has no objection to consider the mitigating circumstances.

I have heard the learned counsel for the parties and have examined the record. Since the appellant has not opted to challenge findings of the Trial Court on conviction under Sections 489B /489C IPC and accepted it voluntarily in the presence of overwhelming evidence on record, his conviction stands affirmed.

Regarding modification of sentence order, as per nominal roll dated 02.09.2013, it reveals that he has already undergone three years, five months and four days incarceration as on 02.09.2013. He also earned remission for six months and twenty days. The unexpired portion of sentence is only one year and six days. Nominal roll further reveals that he is not a previous convict and is not involved in any other criminal case. His overall jail conduct is satisfactory. It is further informed that despite suspension of sentence and release on bail vide order dated 10.01.2013, he could not furnish the required surety bonds due to poverty. He is to maintain his ailing mother aged 85 years, illiterate wife and five children. Taking into consideration all these mitigating circumstances, the order on sentence is modified and the appellant-Vinod Kumar @ Shahid is ordered to be released for the period already undergone by him in this case. The fine amount is reduced to Rs. 1,000/- and in default of payment of fine, he shall undergo SI for fifteen days. Appeal stands disposed of in the above terms. Pending application also stands disposed of. Copy of the order be sent to Superintendent Jail.