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 all the accused, the court observed, “It is held that the prosecution has failed to prove the offence under sections 120-B (criminal conspiracy), 420 (cheating), 489- A (whoever counterfeits, or knowingly performs any part of the process of counterfeiting), 489-B (whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note), 489-C (Whoever has in his possession any forged or counterfeit currency-note), and 489-D (Whoever has in his possession any forged or counterfeit currency-note) of the Indian Penal Code (IPC) for which the accused were charged, beyond reasonable doubt and the accused Sarabjeet Singh, Deepak Kumar, Rajni Vinayak and Atika Sikka are acquitted of the charges framed against them by giving them benefit of doubt.”

The prosecution case was that on July 17, 2021, secret informer informed SI (Sub-Inspector) Manpreet Singh that Sarabjeet Singh, who was representing himself to be a police officer, along with Rajni Vinayak, alias Khaira Madam, Deepak Kumar, Atika Sikka and other unknown persons in connivance with each other are indulging in the business of selling fake Indian currency notes.

They prepare these currency notes by themselves and ask the people that whatever amount of original currency notes they will give them, they will double the amount of fake currency notes and these can be used in the market as the real currency notes.

They are also using these fake currency notes in the market as real currency notes and if raid would be conducted, they could be apprehended with fake currency notes and mechanical and electrical instruments used for preparing fake currency notes could be recovered. On the basis of the above said secret information, FIR was registered.

Thereafter, a raid was conducted at their house and from one 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 in the investigation of the case, the court noted, “It is the case of the accused right from the stage of bail application that in fact accused Atika Sikka had taken House No.44, Phase 3-A, Mohali on rent, which was in the name of the mother of the senior police official at Mohali and they wanted to get it vacated and accused Atika Sikka had also initiated civil suit for permanent injunction against the owner of the said house as well as others, who were police officials for threatening her and to get the house vacated illegally without following due procedure of law.”

“But the IO as well as other officials involved in the investigation, remained oblivious of this fact, though it is coming on the record from the initial stage. The IO, who is also complainant of the case, made an effort to depose with said precision that case will look full proof, but the way and manner in which raid has been conducted and further investigation has been conducted by PW-4 that itself speaks a lot about the doubt in the case of the prosecution with regard to the said raid,” the court observed.

Noting further, the court observed, “It is the case of the prosecution in the evidence of PW-4 (SI Manpreet Singh) as well as in the evidence of PW-2 (Inspector Ravinder Singh) who was member of the police party at the time of raid that the police party first entered the ground floor where accused Atika Sikka and Rajni Vinayak were found and fake currency has also been recovered while lying on the bed.”

“PW-4 as well as PW-2 have specifically deposed that first they apprehended and recovered fake currency notes at the ground floor from the accused Atika Sikka and Rajni Vinayak and thereafter, they went to the first floor of the house, where accused Deepak Kumar was found operating on the laptop.

If it was not the raid simultaneously on the entire house, then it cannot be believed that accused Deepak Kumar, who was said to be working at that time on the computer, will not come to know and will keep waiting for the police party to come in his room and apprehend him and recover the currency notes. It is not the case of the prosecution that it is multi-storey building, rather as per information, which is made out from the case, there are ground floor and first floor in the said house,” the court highlighted.

On the house in question, the court observed, “If the IO PW-4 is taken as per his deposition, the secret informer when met second time, he had even told about accused Deepak Kumar on the first floor and machinery installed on the first floor. In these circumstances, it does not stand to reason that the police party at the first instance will confine to ground floor only. In the cross-examination, PW-4 has stated that during investigation, he had found that owner of the House No. 44, Phase-3A, Mohali was Paramjit Kaur, wife of Swaran Singh, but he did not join Paramjit Kaur as witness in the present case.”

“He did not give any notice to said Paramjit Kaur to verify that she is owner of the house or whether she had let out the house to Atika Sikka, Rajni Vinayak and Deepak Kumar. He had not joined any of the neighbors to ascertain as to whether the accused were living in House No.44, Phase-3A, Mohali as tenants. PW-4 does not know whether son of Paramjit Kaur was the SSP of Mohali at that time. He had not called the owner of the said house at the time of preparing the site plan from where the recovery was effected by him,” the court observed.

“When the defence asked PW-4 with regard to the civil litigation initiated by accused against the owner of the said house and other police officials by making them party by name, PW-4 has shown his complete unawareness and ignorance. He has specifically stated that he did not have knowledge as to whether any civil litigation is going on in Mohali courts regarding the house in question or that stay had been granted by the Civil Court in favour of accused Atika Sikka,” the court remarked.