Order 8

Order Details: Copy of Judgment
Pdf Text: Judgment --1-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
MHMM18-007797-2024 Received on : 27/05/2024
Registered on : 28/05/2024
Decided on : 01/12/2025
Duration : Y M D
01 06 05
Exh.- 58.
PART A
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
71st COURT, BANDRA, MUMBAI.
(Presided over by : Shri. A. B. JADHAV)
(J.O.Code-MH1900)
Criminal Case No.1897/PW/2024
(CNR MHMM18-007797-2024)
Crime No.302/2024, Police Station : Police Station- Santacruz, Mumbai.
Offence Punishable Under Sections
420, 465, 466, 468, 471,120 (B) r/w.s. 34 of The Indian Penal Code.
Prosecution : State of Maharashtra
Through-Police Station-Santacruz, Mumbai.
For Prosecution : Ld. A.P.P. Shri Prasad Pradeep Joshi.
Accused : 1 KAILAS RAJPAL SINGH.
Age: 45 YEARS.
Occupation : Service.
R/o. Room No.1300, Building No.14, TMC
Colony, Vartak Nagar, Dist. -Thane.
2 MOHD. DANISH ZEESHAN ALAM.
(Absconded).
Age: 38 YEARS.
Occupation : No.
-- 1 of 41 --
Judgment --2-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
R/o. Romana House, Pathar Ki Masjid,
Ashok Rajpath, Tal.-Sultanganj, Dist.-Patna.
3 RAHUL SINGH @ KUNDAN KUMAR
RAMESH SHARMA. (Absconded).
Age: 35 YEARS.
Occupation : No.
R/o. Village -Taradi, Post.- Bela, Po-Sty.
Naubatpur, Dist.-Patna, State-Bihar.
For Accused : Ld. Advocate Shri Saurabh Tiwari.
PART B
( Criminal Manual Chapter VI para No.44(ii) )
Date of Offence 03/04/2014 to
05/03/2024.
Date of F.I.R. 05/03/2024.
Date of filing of charge-sheet 27/05/2024.
Date of charge framed 06/06/2024.
Date of commencement of evidence 29/08/2024.
Date on which case reserved for Judgment 26/11/2025.
Date of the Judgment 01/12/2025.
Date of the Sentencing Order ---
-- 2 of 41 --
Judgment --3-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
Accused Details
Sr.
No.
Name
of the
accused
Date of
arrest
Date of
release
on bail
Offence
charged
with
Whether
acquitted
or
convicted
Sentenc
e
imposed
Period of
Detention
Undergon
e during
trial for
purpose
of Section
468,
BNSS.
1. KAILAS
RAJPAL
SINGH
DINESH
RAM.
21/03/
2024
In
Judicia
l
Custod
y
Section
420,
465,
466,
468,
471,
120 (B)
r/w.s.
34 of
The
Indian
Penal
Code.
Acquitted Nil Nil
2 MOHD.
DANISH
ZEESHA
N ALAM
(Abscond
ed)
-- -- Section
420,
465,
466,
468,
471,
120 (B)
r/w.s.
34 of
The
Indian
Penal
Code.
-- 3 of 41 --
Judgment --4-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
3 RAHUL
SINGH
@
KUNDAN
KUMAR
RAMESH
SHARMA
(Abscond
ed)
-- -- Section
420,
465,
466,
468,
471,
120 (B)
r/w.s.
34 of
The
Indian
Penal
Code.
PART C
(Criminal Manual Chapter VI Para No.44(ii))
List of Prosecution / Defence / Court witnesses
A) Prosecution Witnesses :
Sr. No. Name of the Witness Nature Exhibit
1) Dhanraj Pundalik Kamble. Informant 6
2) Mahadev Vithoba Gherde. Witness 30
3) Krishna Kashinath Aawhad. Witness 31
4) Irfan Badshaha Maneri. Witness 32
5) Nitesh Jagannath Naik. Witness 33
6) Vaibhav Vitthal Pawar. Witness 34
7) Sunil Bhaskar Gughe. Witness 35
8) Sarla Sunil Gughe. Witness 37
9) P.I. Umesh Chindhu Sonawane. Investigating
Officer
38
10) Sunilkumar Dudhnath Gupta Deputy
Manager in
Railway
50
-- 4 of 41 --
Judgment --5-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
B) Defence Witnesses :
Sr. No. Name of the Witness Nature Exhibit
Nil Nil Nil Nil
C) Court Witnesses :
Sr. No. Name of the Witness Nature Exhibit
Nil Nil Nil Nil
List of Prosecution / Defence / Court Exhibits
A) Exhibits by Prosecution :
Sr. No. Description Exhibit
Informant Dhanraj Pundalik Kamble (P.W.1)
1) Xerox of Application Form Article A
2) Xerox of Courier Receipt Article B
3) Xerox of Courier Counter Foil Article B-2
4) Xerox of Railway Ticket to Kalkata Article C
5) Xerox of Medical Letter Article D
6) Xerox of Hotel Saket Bill Article E
7)
Xerox of Railway Ticket to Mumbai
Article F
8)
Xerox of Training Letter
Article F
9) Xerox of Identity Card Article G
10) Xerox of Service Book Article H
11) Xerox of Examination Form/Answer Sheet Article I
12) Xerox of Jointing Letter at Khopoli Article J
13) Xerox of Jointing Letter at Lonavala Article K
14) Written Complaint at Police Station-Santacruz (Exh.-7)
-- 5 of 41 --
Judgment --6-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
15) F.I.R. (Exh.-8)
16) Page No.93 to No.96 of Chargesheet Article M1 to
M4
17) Xerox of Salary Slips Article N1 to N3
18) Xerox of Form for Identity Card at Training
Center
Article O
19) Xerox of Railway Tickets Article P1 to P8
20) List of documents (Exh.-11)
21) Return Application Form (Exh.-12)
22) Envelope sent to Railway Recruitment Board &
Envelope received from Railway Recruitment
Board
(Exh.-13) To
(Exh.-17)
23) Courier Receipts (Exh.-18) to
(Exh.-20)
24) Stay at Hotel Saket Receipts (Exh.-21) &
(Exh.-22)
25) Envelope containing Appointment Letter
received from Railway Recruitment Board
(Exh.-23)
26) Railway Ticket showing Mumbai to Kalkata (Exh.-24)
27) Salary Slips (Exh.-25) &
(Exh.-26)
Mahadev Vithoba Gherde (P.W.2)
28) Xerox of letter for training, medical, Identity
Card
Article Q1
29) Xerox of applications having thumb
impression
Article R1 to R3
30) Xerox of joining letter and Pay Scale Band Article S1 & S2
Krishna Kashinath Aawhad (P.W.3)
31) Xerox of Examination Form, Residence
Certificate, Specimen Signature, Undertaking,
Service Book, Nomination Application, Answer
Sheet and Identity Card.
Article T1 to T8
-- 6 of 41 --
Judgment --7-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
Irfan Badshaha Maneri (P.W.4)
32) Xerox of Xerox of Examination Form,
Residence Certificate, Speciman Signature,
Undertaking, Service Book, Nomination
Application, Answer Sheet and Identity Card.
Article U1 to U7
Vaibhav Vitthal Pawar (P.W.6)
33) Xerox of Call Letter, Medical Letter etc. Article V1 to
V17
Sunil Bhaskar Gughe (P.W.7)
34) Xerox of Appointment Letter, Address Proof,
Salary Slip, Courier Letters etc.
Article W
34) Page No.131 to No.152 of Chargesheet
Article W1
Investigating Officer P.I. Umesh Chindhu
Sonawane (P.W.9)
35) Letters to Railway Recruitment Board to
Kalkata, Praygraj and Estern Head Quarter
Railway Department
(Exh.39) to
(Exh.41)
36) Postal Receipt in respect of Letters to Railway
Recruitment Board to Kalkata, Praygraj and
Eastern Head Quarter Railway Department
(Exh.42) to
(Exh.44)
37) Letter and Report by Railway Recruitment
Board, Kalkata
(Exh.45) &
(Exh.46)
Sunilkumar Dudhnath Gupta (P.W.10)
38) Envelope (Exh.52)
39) Postal Receipt (Exh.53)
B) Exhibits by Defence:
Sr. No. Description Exhibit
Nil Nil Nil
-- 7 of 41 --
Judgment --8-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
C) Exhibits by Court :
Sr. No. Description Exhibit
Nil Nil Nil
D) Muddemal :
Sr. No. Name Description
Nil Nil Nil
J U D G M E N T
(Delivered on 01/12/2025)
Accused KAILAS RAJPAL SINGH is facing the trial for the
offences punishable under sections 420, 465, 466, 468, 471, 120 (B) of
The Indian Penal Code. (Here-in-after said Code is referred as I.P.C.).
Prosecution case in nutshell as under :
2. The informant Dhanraj Pundalik Kamble is resident of Worli,
Mumbai. He knows one Mr. Prakash Saude, who was serving in Police
Department since long. The informant always used to meet to said Mr.
Prakash Saude. In the month of April 2014, one person by name Mohd.
Danish Zeeshan Alam, who was serving in Railway and acquainted with
Mr. Prakash Saude, offer job in Railway. Said Danish Alam arranged job for
two daughters of Mr. Prakash Saude. Therefore, Mr. Saude asked to the
informant, whether he is ready to doing job in Railway. Therefore, the
informant with Mr. Saude went at Sea Princess Hotel, Juhu Tara Road,
where he meet with Mr. Mohd. Danish Zeeshan Alam, Mr. Rahul Singh @
Kundan Kumar Ramesh Sharma and Kailash Rajpal Babulal Singh.
3. Mr. Mohd. Danish told to the informant that, he is Assistant
Personal Officer in Railway and shown his Identity Card, likewise, Mr.
-- 8 of 41 --
Judgment --9-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
Kundan Kumar told that he is Head Clerk in Railway and shown his
Identity Card, likewise, Mr. Kailash Rajpal told to the informant he is
Assistant in Railway. Therefore, informant has put his faith on them. They
told to the informant that, from the Quota of Railway Ministry they are
recruiting in the Railway. Mr. Danish Alam told to the informant that,
within six months said recruitment will be held. They explained procedure
about it.
4. Mr. Mohd. Danish told to the informant that, after medical
examination he should report to the Divisional Railway Manager, Hawda,
West-Bengal, for verification. Thereafter, training of three months and
after six months the posting will be given at Mumbai. Mr. Danish further
told that, informant for the Railway Recruitment he needs more persons.
At that time, the informant told them that, he will think and told his
decision.
5. Meanwhile, the informant came across that, on one day Mr.
Kundan Kumar came at home of Mr. Saude for receiving amount for giving
job. It is further contended that, again the informant with Mr. Saude went
at Sea Princess Hotel in order to meet Mr. Danish Alam. The informant
told to Mr. Danish that, he will be paid amount through cheque or NEFT or
online. Mr. Danish told him he will receive amount only in cash or through
Hawala. He further told him that, the remaining amount shall be paid
after training.
6. Mohd. Danish Alam further told him that, if informant gives
more candidates for job than he will give discount to him. He also shown
the chart for amount of each post. Mr. Danish Alam told to the informant
that, for the post of peon he shall pay I.5,00,000/-. The informant also
told to Danish Alam that, his brother Kunal Kamble also wants job and
-- 9 of 41 --
Judgment --10-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
Danish Alam had told him that, he would took I.10,00,000/- for job of
both. However, he told to Danish Alam that, after getting job to him, he
will pay amount for his brother and asked Danish Alam to secure job for
him and his brother.
7. It is further contended that, the informant narrated about the
job in Railway to his father and his father is ready to pay the amount.
However, they have no much more amount, therefore, they taken hand
loan from relatives. Thereafter, the informant alongwith Mr. Sarode went
to meet Danish Alam and paid I.3,00,000/-. At that time, Rahul Singh @
Kundan Kumar and Kailash Rajpal were present there. Danish Alam again
offer him about the commission or discount, if he will give other
candidates for job.
8. At that time, one person by name Mr. Parmar was also come
there. The said Parmar wants job for his nephew Dhiraj and Jugal. Danish
Alam told to fill up form and send at their address of Kolkata. However, on
20/06/2014 informant sent his and his brother’s Forms through DTDC
courier to The Secretary, Railway Recruitment Board, Kolkata, Chitpur,
West Bengal. Danish Alam took said Forms from courier office and made
phone call to the informant and said that, both the applications have been
debarred and asked him to sent fresh forms. Thereafter, informant sent
fresh forms on the address given by Danish Alam.
9. It is further contended that, Danish Alam called informant at
Kalkata. Therefore, on 19/08/2014 the informant went at Kolkata for
medical. At that time, said Mr. Parmar was with him. They were stayed in
one Hotel. One Mukesh came to Hotel in order to receive them. The said
Mukesh leaved them on Tikiyapada Railway Station, where Rihan Mallik
took informant at Shalimar Railway Station and at Orthopedic Hospital,
-- 10 of 41 --
Judgment --11-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
there one person took blood sample and took signature of informant in
Register. The informant doubted about medical test and asked about it to
Rihan. Rihan told him to ask about same to Danish Alam.
10. Thereafter, informant and Mr. Parmar called by Danish Alam
at one Mall. The informant expressed his doubt about medical test.
However, Danish Alam told him that, the said job will be secured with this
manner and at that time, he took I.3,00,000/- from the informant. At that
time, Rahul Singh and Kailash Singh were present there. Thereafter, he
returned to Mumbai. Danish Alam called informant for training and prior
to that asked him for I.1,00,000/-. Accordingly, from Malad Diamond
Market informant has sent I.1,00,000/- through Hawala to Danish Alam.
11. In the month of November 2014, Danish Alam called him for
training. Accordingly, the informant went at Kalkata for training. Danish
Alam issued him letter for training. At that time, he paid I.3,00,000/- in
cash to Danish Alam. Danish Alam told him to book hotel for three
months. However, it is out of capacity of informant. Therefore, the
informant took one room, at slum area, at Kalkata. Danish Alam issued
Identity Card and asked him to appear for training for three days in one
week. The training center was near Railway Quarter of Jenai Road
Railway Station. There were 10 to 15 trainee candidates for training. One
person used to take lecture of general knowledge. In the said training
informant acquainted with one Prithviraj More and Prashant Kamdi.
12. One day during training one lady come there and closed doors
of training room from outside. Therefore, informant and other trainee
break open the window and come out from the said room. They saw police
were standing outside the room. Therefore, they ran away towards
Railway Station. Police chased them. Informant made phone call to Danish
-- 11 of 41 --
Judgment --12-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
Alam. Danish Alam told him that, one Senior Officer has not yet received
amount therefore, police have conducted raid.
13. Thereafter, Danish Alam told him that, examination will be
held in near future. The informant had training for few days. One day
Danish Alam asked him to bring courier. He had received courier and
called to Danish Alam at that time, Danish Alam told him that, one young
person will come there and he shall hand over said courier to him. Krishna
Kashinath Awahad came there and took the said courier. Said Krishna
Awahad told to informant that, he had paid amount for securing job and
he come there for training. He further told to the informant that, lots of
candidates from Mumbai came for training and they stayed at
Maharashtra Bhavan, at Kalkata. Thereafter, Danish Alam told them to
return to Mumbai.
14. On one day the informant received phone call of Prithviraj More,
who told him that, there is news going on in respect of Railway
Recruitment Scam and candidates from Solapur have been cheated. They
have been cheated by Raju Singh. Therefore, informant made phone called
to Danish Alam and asked about the said news. However, Danish Alam
told him that, he did not know Raju Singh. Thereafter, in the month of
February 2015, the informant went at Kalkata for examination. The paper
was written in one hotel. After examination the informant returned to
Mumbai. Again after ten days he has been called him for fill up Service
Book. After preparing Service Book the Appointment Letter will be issued
then informant went to Mumbai.
15. In the month of March 2015, the informant received
Appointment Letter for post of Peon at Khopoli Railway Station. However,
Danish Alam told him that, he shall not join. Thereafter, Danish Alam sent
-- 12 of 41 --
Judgment --13-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
courier of Appointment Letter, at Lonavala. However, informant told him
that, Lonavala is far away from Mumbai and he requested for appointment
at Kalyan. Accordingly, Appointment Letter, posting at Kalyan has been
given to informant by Danish Alam. Latter on, he came across that one
person by name Pravin was issued the Appointment Letter for the post of
T.C. he went to join the same and it was noticed that, said Appointment
Letter for was bogus.
16. Thereafter, the informant again asked Danish Alam about the
Appointment Letter or to return his amount. There was quarrel took place
between him and Danish Alam. At that time, Danish Alam told him that,
he knows Chief Minister and Railway Minister. If he made complaint
against him then police will took action against him. Thereafter, Danish
Alam has switched off his phone. Thereafter, informant meet to Mr. Saude.
Mr. Saude told him that, they will made inquiry and then proceed further.
17. Thereafter, in the month of May 2023, he came across from
Mahadev Gherde that, offence against Danish Alam has been registered, at
Matheran. On 10/07/2023 informant went at Karjat Court. Informant
meet Danish Alam and requested him to return his money but Danish
Alam asked to prove the same and denied to return the money. Thereafter,
Mr. Saude died.
18. Vaibhav Vitthal Pawar, Irfan Badsha Maneri, Javed Babasaheb
Shaikh and Krishna Kashinath Awahad from Mumbai and the informant
have been cheated by Danish Alam and dupted them to the tune of
I.34,00,000/-.Therefore, the informant has filed written complaint to
police station- Santacruz.
19. On the basis of written complaint on 05/03/2024 by
informant, the Santacruz police have registered the C. R. No.302/2024
-- 13 of 41 --
Judgment --14-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
and the case is handed over to A.P.I. Shri. Umesh Sonawane for further
investigation. The Investigating Officer during his investigation has
recorded the statement of witnesses. He collected the relevant documents
from informant and witnesses. He sent letters to Railway Recruitment
Board, at Kalkata and Prayagraj and called information. The Investigating
Officer during his investigation arrested accused Kailash Rajpal Singh. The
Investigating Officer during his investigation found that, accused Kailash
Rajpal Singh, Mohd. Danish Alam, Rahul Singh @ Kundan Kumar Ramesh
Sharma have committed an offence, therefore, he sent chargesheet to the
Court.
20. Accused Mohd. Danish Alam and Rahul Singh @ Kundan
Kumar Sharma are absconded accused. I have framed charge against the
accused Kailash Rajpal Singh, vide (Exh.2). The contents of charge are
read over and explained to the accused to which the accused pleaded not
guilty and claimed to be tried.
21. In order to prove the guilt of the accused the prosecution has
examined as many as ten witnesses, those are as follows…
SR. No. Name of witness Witness No. Exhibit No.
1 Dhanraj Pundalik Kamble (PW1) (Exh.-6)
2 Mahadev Vithoba Gherde (PW2) (Exh.-30)
3 Krishna Kashinath Awadh (PW3) (Exh.-31)
4 Irfan Badshaha Maneri (PW4) (Exh.-32)
5 Nitesh Jagannath Naik (PW5) (Exh.-33)
6 Vaibhav Vitthal Pawar (PW6) (Exh.-34)
7 Sunil Bhaskar Gughe (PW7) (Exh.-35)
8 Sarla Sunil Gughe (PW8) (Exh.-37)
9 Umesh Chindhu Sonawane (PW9) (Exh.-38)
10 Sunil Dudhnath Gupta (PW10) (Exh.-50)
-- 14 of 41 --
Judgment --15-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
22. Beside this prosecution also relied on the following
documents…
Sr. No. Description Exhibit
Informant Dhanraj Pundalik Kamble (P.W.1)
1) Xerox of Application Form Article A
2) Xerox of Courier Receipt Article B
3) Xerox of Courier Counter Foil Article B-2
4) Xerox of Railway Ticket to Kalkata Article C
5) Xerox of Medical Letter Article D
6) Xerox of Hotel Saket Bill Article E
7)
Xerox of Railway Ticket to Mumbai
Article F
8)
Xerox of Training Letter
Article F
9) Xerox of Identity Card Article G
10) Xerox of Service Book Article H
11) Xerox of Examination Form/Answer Sheet Article I
12) Xerox of Jointing Letter at Khopoli Article J
13) Xerox of Jointing Letter at Lonavala Article K
14) Written Complaint at Police Station-Santacruz (Exh.-7)
15) F.I.R. (Exh.-8)
16) Page No.93 to No.96 of Chargesheet Article M1 to
M4
17) Xerox of Salary Slips Article N1 to N3
18) Xerox of Form for Identity Card at Training
Center
Article O
19) Xerox of Railway Tickets Article P1 to P8
20) List of documents (Exh.-11)
21) Return Application Form (Exh.-12)
-- 15 of 41 --
Judgment --16-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
22) Envelope sent to Railway Recruitment Board &
Envelope received from Railway Recruitment
Board
(Exh.-13) To
(Exh.-17)
23) Courier Receipts (Exh.-18) to
(Exh.-20)
24) Stay at Hotel Saket Receipts (Exh.-21) &
(Exh.-22)
25) Envelope containing Appointment Letter
received from Railway Recruitment Board
(Exh.-23)
26) Railway Ticket showing Mumbai to Kalkata (Exh.-24)
27) Salary Slips (Exh.-25) &
(Exh.-26)
Mahadev Vithoba Gherde (P.W.2)
28) Xerox of letter for training, medical, Identity
Card
Article Q1
29) Xerox of applications having thumb
impression
Article R1 to R3
30) Xerox of joining letter and Pay Scale Band Article S1 & S2
Krishna Kashinath Aawhad (P.W.3)
31) Xerox of Examination Form, Residence
Certificate, Specimen Signature, Undertaking,
Service Book, Nomination Application, Answer
Sheet and Identity Card.
Article T1 to T8
Irfan Badshaha Maneri (P.W.4)
32) Xerox of Xerox of Examination Form,
Residence Certificate, Speciman Signature,
Undertaking, Service Book, Nomination
Application, Answer Sheet and Identity Card.
Article U1 to U7
Vaibhav Vitthal Pawar (P.W.6)
33) Xerox of Call Letter, Medical Letter etc. Article V1 to
V17
-- 16 of 41 --
Judgment --17-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
Sunil Bhaskar Gughe (P.W.7)
34) Xerox of Appointment Letter, Address Proof,
Salary Slip, Courier Letters etc.
Article W
34) Page No.131 to No.152 of Chargesheet
Article W1
Investigating Officer P.I. Umesh Chindhu
Sonawane (P.W.9)
35) Letters to Railway Recruitment Board to
Kalkata, Praygraj and Estern Head Quarter
Railway Department
(Exh.39) to
(Exh.41)
36) Postal Receipt in respect of Letters to Railway
Recruitment Board to Kalkata, Praygraj and
Eastern Head Quarter Railway Department
(Exh.42) to
(Exh.44)
37) Letter and Report by Railway Recruitment
Board, Kalkata
(Exh.45) &
(Exh.46)
Sunilkumar Dudhnath Gupta (P.W.10)
38) Envelope (Exh.52)
39) Postal Receipt (Exh.53)
23. The prosecution also relied on the following documents those
are at Article A to Article K and M1 to M4, N1 to N3, O, P1 to P8, copies of
application form, courier receipts, letter of medical, Hotel bill,
examination answer sheet, service book xerox copies etc. in respect of
informant Dhanraj Pundlik Kamble.
24. So far as an Article Q1, R1 to R3, S1 to S2, letters for training,
Copies of Identity Card, Medical Letters Salary Slip, Joining letter, etc. in
respect of Mahadev Gherde,
25. Copies of application form, resident certificate, specimen
signature, undertaking, service book, nomination form, answer sheet and
Identity Card, etc. in respect of Krishna Kashinath Aavad are at Article T1
to T8.
-- 17 of 41 --
Judgment --18-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
26. Copies of application, undertaking etc. in respect of Irfan
Badsha Maneri are at Article U1 to U7.
27. Likewise, letters, medical letters etc. in respect of Vaibhav
Vitthal Pawar are at Article V1 to V17.
28. Likewise, appointment letters, address proof, salary slip
courier receipts etc. in respect of Sarla Guge are at Article W1.
29. The prosecution also relied on the letter issued by
Investigating Officer to the Railway Recruitment Board, at Kalkata and at
Prayagraj are at (Exh.-39). The reply of Railway Recruitment Board at
(Exh.-45) to (Exh.-46).
30. I have recorded the examination of accused through video
conference mode in presence of his Ld. Advocate Shri Tiwari under section
313 of The Code of Criminal Procedure, which is at (Exh.-56). The defence
of the accused is that total denial and falsely implication. The accused
Kailash Rajpal Singh in order to substantiate his defence did not enter into
witness box nor examined any witness.
31. I have heard elaborated arguments of Ld. A.P.P. Shri. Prasad
Pradeep Joshi for the State and Ld. Advocate Shri. Saurabh Tiwari for
accused.
32. Considering the facts and circumstances of the prosecution
case and the evidence placed on record, following points do arise for my
determination. My findings thereon along with my reasons are, as follows.
SR. NO. POINTS FINDINGS
1 Does prosecution prove that, accused Kailas
with absconded accused in furtherance of
their common intention, since 03/04/2014
to 05/03/2024, at about 11.00 hours, at See
-- 18 of 41 --
Judgment --19-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
Princess Hotel, Juhu Tara Road, Santacruz
(W), Mumbai, cheated informant viz.
Dhanraj Pundlik Kamble and 9
victims/witnesses, by dishonestly inducing
them to deliver I.62,50,000/- to accused
and thereby committed an offence
punishable under section 420 r/w.s 34 The
Indian Penal Code ?
Negative.
2 Does prosecution prove that, accused Kailas
with absconded accused in furtherance of
their common intention, forged the
railway’s documents with intent to cause
damage to informant and victims and
thereby committed an offence punishable
under section 465 r/w.s 34 The Indian Penal
Code ?
Negative.
3 Does prosecution prove that, accused Kailas
with absconded accused in furtherance of
their common intention, intentionally, has
in their possession forged railway’s
document, knowing the same to be forged
and intending that the same shall
fraudulently or dishonestly used, as
genuine and thereby committed an offence
punishable under section 466 r/w.s 34 The
Indian Penal Code ?
Negative.
-- 19 of 41 --
Judgment --20-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
4 Does prosecution prove that, accused Kailas
with absconded accused in furtherance of
their common intention, forged above
mentioned documents, intending that same
shall be used for the purpose of cheating
and thereby committed an offence
punishable under section 468 r/w.s 34 The
Indian Penal Code ?
Negative.
5 Does prosecution prove that, accused Kailas
with absconded accused in furtherance of
their common intention, fraudulently used
as genuine above mentioned documents,
which they knew at the time they used it to
be a forged documents and thereby
committed an offence punishable under
section 471 r/w.s 34 The Indian Penal Code
?
Negative.
6 Does prosecution prove that, accused Kailas
with absconded accused in furtherance of
their common intention, agreed with to
commit offence of forgery of valuable
security for the purpose of cheating by
using above mentioned document, as a
genuine one and thereby committed an
offence punishable under section 120 (B)
r/w.s 34 The Indian Penal Code ?
Negative.
-- 20 of 41 --
Judgment --21-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
7 What order ? As per final
order.
R e a s o n s
33. The subject matter and evidence relating to points No.1 and
No.6 are same. Therefore, in order to avoid repetition of evidence I have
taken both points for joint consideration and discussion.
As to point No.1 and No.6 :-
34. These points are in respect of cheating by accused persons to
informant Dhanraj Kamble and victims/witnesses. The informant Dhanraj
(PW1) in his evidence (Exh.-6) deposed that, in the year 2014, he was
appearing for competitive examination. He knows police Officer Shri
Prakash Gokul Saude, who told him that, he acquainted with Railway
Officer, who made recruitment through G.M. Quota and MRQ Quota in
Railway. The names of those officers are Mohd. Danish Zeeshan Alam,
Kundankumar Ramesh Sharma @ Rahul Singh, Rajesh Ranjan or Rajesh
Singh and Mukesh, Rihan Mallik. Mr. Saude told him that, said officers are
coming to Sea Princess Hotel at Juhu.
35. It is further deposed by informant Dhanraj (PW1) that,
Therefore, in one evening of Month of March 2014, he went to said hostel
in order to meet said officers. At that time, he meet Mohd. Danish Jishan,
Rahul Singh and Kailash Rajpal Singh. Mohd. Danish Alam shown his
Identity Card as Assistant Personal Officer, Railway. Rahul Singh shown his
Identity Card as Head Clerk, Railway and Kailash Singh shown his Identity
Card as Assistant Railway Guard, Railway. They told them that, they
acquainted with Railway Minister. Therefore, he put faith upon them in
respect of the Railway Recruitment.
36. It is further deposed by informant Dhanraj (PW1) that, Danish
Alam told him that, from General Manager (G.M.) and Minister of Railway
-- 21 of 41 --
Judgment --22-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
Quota there should be recruitment and after joining the job he should
work in G. M. Ward. After six months the Appointment Letter in your
vicinity will be given. At that time, he told Danish Alam that, he will asked
to his family members. Danish Alam demanded I.5,00,000/- for one
candidate. Meanwhile, there was discussion in the home of informant. His
father told him that, it is not possible to collect I.5,00,000/-. Therefore, he
made phone call to Mr. Saude and asked time for payment. At that time,
he told to Mr. Saude that, first of all they would get job for him and then
they will secure for job for his brother. Mr. Saude told him that, if the work
of job for both persons, then there should be discount unless they will not
get discount.
37. It is further deposed by informant Dhanraj (PW1) that,
thereafter, the informant arranged I.3,00,000/- and went at Hotel Sea
Princess. Danish Alam was present there. He paid I.3,00,000/- to Danish
Alam. However, Danish Alam told him that, unless entire amount is paid
he will not give job. At that time, Rahul Singh, Mr. Saude and Parmar were
present there. On that day, Danish Alam told him that, he have to come to
Kalkata for medical examination. Likewise, there was three months
training and after there would be Service Book verification. The informant
asked to Danish Alam whether he paid amount through cheque or online.
Danish Alam told him that, he would received amount only through Hard
Cash or through Hawala. Even Danish Alam offered him commission, if
informant gave more candidates. But informant denied the same.
38. It is further deposed by informant Dhanraj (PW1) that, after
payment Danish Alam told him that, in order to medical checkup he has to
come to Kalkata then after one week the training will be started. Danish
Alam told him that, on each stage he has to pay money and gave Form for
-- 22 of 41 --
Judgment --23-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
Railway Recruitment Board and asked him to sent the said Form to 25/A,
Darga Road, Kalkata-7. However, instead of sending the same on said
address he had sent to Railway Recruitment Board through D.T.D.C.
courier.
39. It is further deposed by informant Dhanraj (PW1) that,
Danish Alam told him that he took the From from R.R.B. and asked him
that, he shall not sent again to R.R.B. The Article ‘A’ and Article ‘B’ are the
copies of application sent to R.R.B. and Courier Receipt. Danish Alam sent
another form to him. Accordingly, he filled up said Form and addressed to
Danish Alam. Thereafter, he received letter for medical test. The said letter
containing his photograph and venue for medical checkup was to be held.
40. It is further deposed by informant Dhanraj (PW1) that, in the
month of August 2014, he went at Kalkata and for that purpose he relied
on the Railway Tickets, Article ‘C’. He further deposed that, in Shalimar
Hospital blood sample has been taken and they took his signature in one
Register and he had doubt, hence, made phone all to Danish Alam. At that
time, Danish Alam told him that, the job from back door shall be done in
that manner. He returned to Mumbai. He received phone call of Danish
Alam, who asked him to send I.4,00,000/- urgently. Danish Alam asked
him to send said amount through Hawala. Therefore, informant went at
Diamond Market, Malad and from Angadiya Services he sent I.1,00,000/-
to Danish Alam. Danish Alam made phone call to him and asked him,
whether he received I.1,00,000/- and asked him to come on Kalkatta for
training.
41. It is further deposed by informant Dhanraj (PW1) that,
thereafter, in the month of November, 2014 he had been to Kalkata for
training. In one Mall at Kalkata he paid I.3,00,000/- in cash to Danish
-- 23 of 41 --
Judgment --24-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
Alam. At that time, Danish Alam had given letter for training to him,
Article ‘F’, which containing information in respect of training center and
which one going to be selected. The training center is at Jenai Road
Railway Station, at Kalkata. Training was for three months. Therefore, he
make arrangement of one room in slum area.
42. It is further deposed by informant Dhanraj (PW1) that, on one
occasion Danish Alam called him at Mall and gave Railway Training
Identity Card, copy of the same is at Article ‘G’. Training was going on.
There were 15 to 20 trainee candidates. There were lectures of General
Knowledge. Therefore, he felt that, something was going wrong.
Therefore, he again made phone call to Danish Alam, who called him at
Mall
to meet Senior Officer, accordingly he went at Mall. At that time,
Rajesh Singh and Rathod were present there but from their appearances
they did not appear to be Railway Officers.
43. It is further deposed by informant Dhanraj (PW1) that, one
day training was going on and at that time the door of training center was
closed and locked from outside. They frightened and broken the window
and ran towards railway station. Police also chased them. He made phone
call to Danish Alam. At that time, he told him one new officer is appointed
and he has not received any amount. Therefore, police have conducted
raid.
44. It is further deposed by informant Dhanraj (PW1) that, one
day in the month of December 2014 Rahul Singh made phone call to the
informant and asked him to collect the courier. He collected courier and as
per say of Danish Alam, it has been given to Krushna Avadh. He further
deposed that, one day Danish Alam said him that, he should return to
Mumbai and come after one month for examination. Therefore, he
-- 24 of 41 --
Judgment --25-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
returned to Mumbai. Meanwhile, he received phone call of Prithviraj
More, who told him about news regarding bogus Railway Recruitment and
the fraud. He again made phone call to Danish Alam but Danish Alam told
him that don’t worry, they would secure job to them.
45. The prosecution from the evidence of informant proved the
written complaint and the F.I.R. Further copies of Application Form, Letter
of Medical Test etc., which are at Articles A to P1 to P8. Thus, according to
informant accused falsely represented him that, they are Officers in
Railway and by using G.M. and Railway Minister Quota for recruitment in
Railway they took I.10,00,000/- from informant for securing job to him
and his brother. They also arranged fake medical test and fake training by
issuing fraudulent letters and thereby cheated them.
46. Mahadev Vithoba Gherde (PW2) the another victim.
According to him he has been cheated by accused Danish Alam and Rahul
Singh. He came across about the Railway job. From one Sachin Jadhav he
was asked to pay I.6,00,000/- for the post of Porter. He accordingly paid
I.1,00,000/- to Danish Alam prior to training and I.1,00,000-/ to Sunil
Solanki at Mumbai and I.1,00,000/-, at Kalkatta to Danish Alam. He paid
I.6,00,000/- to Danish Alam in order to secure job in Railway as porter. He
did not get job. Accused have issued bogus documents such, as Joining
Letters, Training Letters etc., which are at Article Q1, R1 to R3, and S1 to
S2.
47. Likewise, Krishna Kashinath Aawhad (PW3) in his evidence
deposed that, like informant Dhanraj Kamble (PW1) and Mahadev Gherde
(PW2) he has been deceived by Danish Alam. He paid I.2,00,000/-
through Hawala at Diamond Market, Malad to Danish Alam and again he
-- 25 of 41 --
Judgment --26-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
paid in cash I.2,00,000/-, at Kalkata. However, as assured he did not get
his job.
48. Likewise, Irfan Badshaha Maneri (PW4) was also cheated by
Danish Alam. The Danish Alam has taken I.6,00,000/- for the post of Peon
in Railway. The incident regarding fake medical and fake training took
place with witnesses. He has been cheated by accused by Danish Alam.
The relevant documents like Under Taking, Residence Certificate, Service
Book, Medical Form are at Article U1 to U7.
49. Vaibhav Vitthal Pawar (PW6) also deposed in corroboration to
evidence of informant and other witnesses. According to him accused
Danish Alam has been cheated him and despite of payment of I.6,00,000/-
to Danish Alam his job was not secured.
50. Nitesh Jagannath Naik (PW5) also cheated by accused Danish
Alam. Danish Alam received huge amount from him but he did not get job.
51. Sunil Bhaskar Gughe (PW7) deposed that, his wife Sarla was
maid servant and working in the home of Mr. Prakash Saude. One day Mr.
Saude in the year 2014, called him in the home and told about Railway
Recruitment and told him for post of Commercial Porter he will secure job
for his wife. At that time, Kailash was present there, who told him that, he
shall be paid I.11,000/-for application in Railway.
52. Further, Sunil Bhaskar Gughe (PW7) deposed that,
accordingly, he in the month of March 2014, at Grant Road, paid
I.11,000/- to Kailash in presence of Mr. Saude. Accused Kailash told him
that for post of commercial porter and posting at Mumbai, he shall have to
pay I.3,00,000/-. In the month of May 2015, he received Letter for
Medical test. On 16/05/2014, he alongwith his wife went at Hawda,
Kalkata, where he met with Danish Alam and Rahul Singh. They told him
-- 26 of 41 --
Judgment --27-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
that, he shall pay I.5,00,000/-. At that time, he paid I.1,00,000/- to
Danish Alam. The Medical Test was conducted by taking blood sample of
Sarla (PW8).
53. Further, Sunil Bhaskar Gughe (PW7) deposed that, in the
month of August 2014, he again met to Danish Alam and Rahul Singh.
They told them that, by avoiding training the job will be given, if they pay
I.50,000/- additionally. From Hawala, at Diamond Market, Malad he sent
I.50,000/- to Rahul Singh. He and his wife had been to Kalkata, wherein
service Book of Sarla filled up.
54. Sunil Bhaskar Gughe (PW7) further deposed that, in the
October 2016, the Joining Cetter for Commercial Porter, at Kasara Railway
Station for his wife has been received. The informant told him order of
Pravin Shelke was false, therefore, he did not sent to Sarla to join the
service. He further specifically deposed that, Kailash Singh received
I.40,000/-, at Budhwar Park, Colaba for by passing Training.
55. Sarla Sunil Ghuge (PW8) is victim. According to her, she and
her husband put faith on Kailash, as Kailash assured job to daughters of
Mr. Prakash Saude. Initially they paid I.11,000/- to Kailash and submitted
the application for service. Further, she deposed that, Kailash Singh
received again I.40,000/- from her husband for job by avoiding training.
Rahul Singh and Rehan and Mukesh taken blood sample on one slide and
again after coming to Mumbai Kailsh Singh took I.10,000/-.
56. Further, Sarla Sunil Ghuge (PW8) deposed that, the
Appointment Letter of Pravin Shelke was bogus. Despite giving
Appointment Letter at Kasara, she did not join. Thus, according to her she
has been cheated by accused persons by fabricating false documents and
by conducting bogus medical test.
-- 27 of 41 --
Judgment --28-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
57. P.I. Mr. Umesh Chindhu Sonavane (PW9) is the Investigating
Officer and formal witness. According to him as per written complaint he
registered F.I.R. No.302/2024. As per the contention of the complainant,
accused persons have received I.10,00,000/- assuring him job in Railway
and cheated him. The Investigating Officer during his investigation
collected the relevant documents. For truthfulness of Appointment Letter
he sent letters to Railway Recruitment Board, Kalkata and Prayagraj, those
are at (Exh.-39) to (Exh.-41).
58. Investigating Officer P.I. Mr. Umesh Chindhu Sonavane (PW9)
further deposed that, Railway Recruitment Board replied for the
documents sent by Investigating Officer, have not been issued by the
Railway Recruitment Board. The said report cum reply are at (Exh.-45)
and (Exh.-46). He arrested accused Kailash Rajpal Singh. According to him
other accused despite of search did not found during investigation. He
found that, accused induced the informant and witnesses about securing
job in Railway and received huge amount and cheated them. Therefore, he
sent chargesheet.
59. Ld. A.P.P. Shri Joshi for the State submits that, though Danish
Alam and other accused are not arrested, evidence of prosecution should
be scrutinized by taking into consideration the spirit of section 34 and 120
(B) of Indian Penal Code. Ld. A.P.P. Shri Joshi for the State further submits
that, offence against accused is financial with common intention to cheat
to the victims and induced them to deliver the huge amount. There is
conspiracy and it is case of fake recruitment in Railway and fraud. All the
witnesses specifically deposed that, accused Danish involved in the
offence.
-- 28 of 41 --
Judgment --29-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
60. So far as, Kailash Rajpal Singh is concerned Ld. A.P.P. Shri
Joshi for the State submits that, Kailash was doing job as Agent of Danish
Alam. He used to search the needy persons and arranged the meeting with
Danish. The common intention of all accused is earning money by
deceiving innocent people. He further submits that, Railway Officer
Sushilkumar Gupta (PW10) has given details about the process of Railway
Recruitment in Railway. However, no notification has been issued, which
has been created by accused persons in order to gain money by showing
Recruitment in Railway and cheated informant and witnesses/victims.
61. Ld. A.P.P. Shri Joshi for the State further submits that, all the
witnesses, who are victims are specifically deposed about how they have
been cheated. How fake assurances were given for job by issuing fake
Application Forms, how fake training given, at Kalkata and how fake
Medical Tests taken, at Kalkata. He further submits that, delay for lodging
F.I.R. is specifically deposed by informant Dhanraj (PW1) at paragraph
No.35 of his evidence. He has been threatened by Danish Alam, therefore,
informant could not file the complaint within time.
62. Further, Ld. A.P.P. Shri Joshi for the State submits that, each
witness have given particulars about money, which they have given to
accused Danish Alam. He specifically drew my attention to evidence of
Sunil Gughe (PW7) and Sarla Gughe (PW8) and submits that, evidence of
these witnesses shows involvement of accused Kailash Rajpal Singh and
from the evidence of these witnesses it has come on record that, accused
Kailash Rajpal Singh has taken I.11,000/- for submitting form and also
I.40,000/-. Therefore, from the evidence on record itself it transpired that,
accused Kailash Rajpal Singh was by joining hands with other accused
-- 29 of 41 --
Judgment --30-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
cheated informant and victims. Therefore, accused is liable for
punishment.
63. In support of his arguments he relied on the case of Liyakat
V/s. State of Uttarakhand AIR 2008, SC 1537 wherein it has been held
that,
Circumstantial evidence is an indirect mode of proof
by drawing inference from fact closely connected to
facts in issue. Silence of accused is vital
circumstances, which adds to chain of circumstances.
64. Further, he relied on the case of Manipal V/s. State f Haryana,
AIR 2004, SC 2158 – (Para. No.11), wherein it has been observed that,
Reaction of witnesses to an incident is differ from
person to person.
65. Further, Ld. A.P.P. Shri Joshi for the State relied on the case of
Shvappa V/s. State of Karnataka AIR 2008 S.C. 1860, wherein it has been
held that,
Minor discrepancies or improvements would not
justify rejection of their testimony otherwise reliable.
S
ome discrepancies are bound to accrue because of
sociological back ground of witnesses and also time
gap between date of occurrence and date on which
they give their depositions.
-- 30 of 41 --
Judgment --31-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
66. Ld. A.P.P. Shri Joshi for the State for the State relied on the case
of Anil Rai V/s. State of Bihar JT 2001 (6) S.C. 515, wherein it has been
held that,
The mere fact that, the court gave the permission to
the public prosecutor to coss examine his own
witness by declaring him hostile does not completely
efface the evidence of such witness. The evidence
remains admissible in the trial and there is no legal
bar to base conviction upon his testimony if
corroborated by other reliable evidence.
67.
Ld. A.P.P. Shri Joshi for the State for the State relied on the
case of Ramdas & Ors. V/s. State of Maharashtra (2007)2 S.C.C. 170,
wherein it has been held that,
Merely delay in lodging F.I.R. is not necessarily fatal
to the case of prosecution.
68. Ld. A.P.P. Shri Joshi for the State relied on the case of Naryan
Chetanram Chaudhary V/s. State of Maharashtra, wherein it has been held
that,
Improvements, which deals of narration extracted in
chief or cross can not be term, as Material
Improvements so as to discard evidence.
69. Ld. A.P.P. Shri Joshi for the State relied on the case of Rurdra
V/s. Sate of Maharashtra, wherein it has been held that,
-- 31 of 41 --
Judgment --32-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
Mere delay in lodging F.I.R. is not necessary fatal to
the case of prosecution.
70. Ld. A.P.P. Shri Joshi for the State for the State relied on the
case of State of H. P. V/s. Gian Chand (2001) 6 S.C.C. 71, wherein it has
been held that,
Delay in lodging F.I.R. can not be used as ‘ritualistic
formula’ for doubting the prosecution case and
discarding the same sole on the ground of delay in
lodging F.I.R. Delay has the effect of putting the court
on its guard to search any explanation has been
offered for delay. If delay is explained to the
satisfaction of court. The delay can not itself be a
ground for disbelieving and discarding entire
prosecution case.
71. Ld. A.P.P. Shri Joshi for the State for the State relied on the
case of Wasudeo Chotelal @ Ramchandra Yadav V/s. State of Maharashtra
2010 ALL MR (Cri) 673 (Paragraph No.31), wherein it has been held that,
Case should be decided on the basis of evidence
before court and not statement recorded by police.
72. Ld. Advocate Shri Tiwari for accused submits that, the version
of each witness is different. The investigation is faulty. The Investigating
Officer did not paid visit to the venue, wherein alleged Medical Fit Tests
have been conducted and to the venue of training center. He further
submits that, role of Mr. Saude is clouded with doubt. The evidence of
-- 32 of 41 --
Judgment --33-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
Sarla Ghuge is not at all trustworthy, as she has given fatal admissions in
her cross examination. Even evidence of Sunil Ghuge (PW7) is different
from the version of Sarla Ghuge (PW8). Further, he submits that, most of
witnesses deposed about amount has been sent through Hawala.
73. Ld. Advocate Shri Tiwari for accused submits that, however,
Investigating Officer had not taken pains to investigate said fact. Even
from the evidence of informant it has come on record that, he used to sent
money through Hawala from Angadiya Services but said Angadiya
Services is not known by Investigating Officer nor prosecution taken pain
to record it’s evidence. Ld. Advocate Shri Tiwari for accused submits that,
the entire incident allegedly taken place in the year 2014-2015 but F.I.R.
came to be lodged in the year 2023 and there is inordinate delay for
lodging F.I.R. There is no explanation for lodging F.I.R. in the F.I.R. itself,
which is at (Exh.-7). Explanation given by informant for delay is
afterthought and cannot relied upon. Ld. Advocate Shri Tiwari for accused
submits that, in the year 2014 the informant came across about wrong and
bogus recruitment but he did not file the complaint in Mumbai as well as
in Kalkata. Therefore, no offence beyond reasonable doubt made out by
prosecution. Hence accused be acquitted.
74. Ld. Advocate Shri Tiwari for accused submits that, meetings
of minds of accused or conspiracy is not at all proved as accused Kailash
was not present at the training as well as at the time of payment and
medical test. He further submits that, the informant only stated about
presence of accused Kailash Singh in Sea Princess Hotel and other
witnesses did not support the said version of the informant. During cross
examination informant admitted that, he knows accused Kailsh Singh
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Judgment --34-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
since before the incident. No witness deposed that, accused Kailash Singh
has given any Appointment Letter etc.
75. Ld. Advocate Shri Tiwari for accused submits that, there is no
role of accused Kailash Singh in respect of forge documents, which is base
of entire story of prosecution, but in that regard there is no evidence as
well as the chargesheet also silent. The documents not at all proved by the
prosecution. The documents in respect of Mahadev Gherde (PW2), which
also have been sent to Railway Recruitment Board for verification are
xerox copies. Therefore, the report of Railway Recruitment Board and oral
evidence particularly Shri Gupta (PW10) cannot said to be admitted.
76. Ld. Advocate Shri Tiwari for accused submits that, about
omissions and contradictions regarding letters of Medical Test are given by
Danish Alam and not by Kailash Singh. Even no specific date, time has
been given in evidence of either witness. Further, he submits that, the
chargesheet has out come of faulty investigation. Therefore, prosecution
failed to prove the guilt of accused. Lastly, he prayed that, accused be
acquitted by giving benefit of doubt.
77. First of all, I would like to discuss the evidence of Mr
Sunilkumar Dudhnath Gupta (P.W.10) who is Deputy Manager in North-
Central-Railway. He is working in Indian Railway, since 1996. The post
have been filled up by Railway Recruitment Board in Railway. He has
given entire procedure for Recruitment, wherein Railway Recruitment
Board issued notification. Then Application Form from concerned
candidate have been called. Prior to 2018 candidates used to submit their
Forms in the Board or they sent through R.P.A.D. The examination was
followed after verification of application.
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Judgment --35-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
78. Further, the result of examination is published in News
Papers and succeed candidates have been called for documents verification
and after document verification selected candidates have been sent for
Medical Examination, which took place in Railway Hospital. List of
selected candidates have been prepared, as per merit. Said list used to
publish in the News Papers. Said merit list used to send to Head Office and
the Head Officer in order to fill up vacant posts sent to the Regional Office.
79. It has specifically come in the evidence of Mr. Gupta (PW10)
that, Railway Recruitment Board not used to issue any Appointment
Letter but Appointment Letters used to be issued by concerned Regional
Office, where vacancy used to be filled up.
80. It is to be noted that, during cross examination the informant
Dhanraj (PW1) has not given specific date of meeting at Sea Princess
Hotel with accused persons. Even specific dates of payment made by him
are not deposed by him. According to him at once in Sea Princess Hotel
and Twice in Kalkata he paid amount. He paid I.10,00,000/- to Danish
Alam. It has further come in the evidence that, through Anagadiya
Services he paid to Danish Alam. But no specific dates have been given by
him in his evidence nor prosecution in support of his version examined
any person from said Hawala or Anagaidya Services.
81. The informant Dhanraj (PW1) during his cross examination
admitted that, he has no evidence in respect of amount of I.Ten Lakhs
paid to Danish Alam. He further admits that, his Application Form has not
been sent by him to address given by Danish Alam. He knows Kailash
Singh since prior to the first meeting. But in his evidence he stated that,
Kailash Singh recognized himself as a Guard in Railway and shown his
Identity Card. If the informant knows Kailash Singh then as to why he
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Judgment --36-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
again asked him about his job and his Identity Card, is not at all clarified
by the Investigating Officer and informant.
82. It is to be noted that in evidence of Dhanraj (PW1) there is no
evidence regarding payment to Kailash Rajpal Singh. It is particularly to be
noted here that, in all incidents the depositions of prosecution witnesses
who allegedly have been taken place at Kalkata, Kailash Singh was not
present there.
83. So far as the evidence of Mahadev Vithoba Gherde (PW2),
Krishna Kashinath Aawhad (PW3), Irfan Badsha Maneri (PW4), Nitesh
Jagannath Naik (PW5) and Vaibhav Vitthal Pawar (PW6) they did not
depose about the involvement of Kailash in the offence. They only deposed
about introduction given by Danish Alam, who received payment. But no
role attributed by Kailash Rajpal Singh in the evidence of said witnesses.
84. Sunita Sunil Ghuge (PW8) initially not supported to the
prosecution. Ld. A.P.P. Shri Joshi declared her hostile and put suggestions,
wherein she told about accused Kailash. However, during cross
examination she admitted that, she did not know whether she meet with
accused Kailash. Further, she admitted that, entire transaction was with
Mr. Saude. Therefore, they made payment to Mr. Saude. Even she further
admitted that, for submitting Form they paid I.11,000/- through Mr.
Saude and said Form has been filled up by Shri Saude.
85. It is to be noted that, in the evidence of Sunita (PW8) and
Sunil (PW7) no specific dates has been deposed by them in respect of
amount paid to Kailash. Even Sunil (PW7) during his cross examination
admitted that, he did not used to send money through Hawala to anybody.
Even he has no documents to show that, he has paid I.1,00,000/- to
Dansih Alam. He categorically admitted that, accused Kailash was never
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Judgment --37-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
present at Kalkata. Therefore, evidence of these witnesses are different
from the version of each other and also from the version of informant
Dhanraj (PW1).
86. It is to be noted that, the alleged scam or fake Recruitment
has been taken place in the year 2014-2015 and in the month of March
2024 F.I.R. on the basis of written complaint came to be lodged. I have
gone through F.I.R. (Exh.7), no explanation given, which is satisfactory to
the court. Though Ld. A.P.P. by drawing my attention to the Paragraph
No.35 of evidence of informant Dhandraj (PW1) argued about the
explanation for delay in lodging F.I.R.
87. However, in Paragraph No.35 of evidence of informant it
appears that, Danish Alam told him that, he knows Chief Minister and
Railway Minister and if the informant Dhanraj (PW1) made complaint
against him then the action will be taken against him. From the evidence
of informant it appears that, in the year 2015, he came across about the
fake recruitment scam in Railway but he kept mum for near about nine
years and more.
88. It has come in the evidence of informant Dhanraj (PW1) that,
at the first instance the medical checkup was done. He had doubt about
said medical test and secondly training at Kalkata, when door of training
center was locked and police have came there and by breaking open the
window they came out from the said training center. He came across about
fake recruitment but informant did not make any complaint in Kalkata
Police as well as in Mumbai Police soon after the main incidents.
Therefore, the threats was given to him and informant kept mum for nine
years is not at all digestible explanation on the part of informant.
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Judgment --38-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
89. Further, there is no evidence so far role of accused Kailash
regarding his inducement. Accused Kailash did not assure any job to either
witness. The entire prosecution witnesses deposed that, they have been
assured by Danish Alam. Further, to make chain of evidence which would
constitute the offence against accused, the evidence of witness Mr.
Mahadev Gherde (PW2) and others is of no use. Hence, in such
circumstances I hold that, prosecution failed to prove that, accused Kailsh
Rajpal Singh in furtherance of common intention alongwith absconded
accused cheated the informant Dhanraj (PW1) and other nine
witnesses/victims by dishonestly inducing them regarding job in Railway
and induced them to pay amount of I.62,50,000/-. Therefore, I record my
findings to the point No.1 and No.6 are in negative.
As to point No.2 to No.5 :-
90. The subject matter and evidence relating to points No.2 to
No.5 are same. Therefore, in order to avoid repetition of evidence I have
taken all points for joint consideration and discussion.
91. These points are in respect of forgery of fake documents and
use the said documents for the purpose of cheating as a genuine by the
accused persons. It is to be noted that, Investigating Officer during his
cross examination categorically deposed that, none of the witness had
given the original documents for investigation. Further, documents of Mr.
Mahadev Gherde (PW2) which have been sent by I.O. to Railway
Recruitment Board for verification are xerox copies provided by Mr.
Mahadev Gherde (PW2). Admittedly, the original documents at the time of
investigation was not with the Investigating Officer he has sent copies to
Mr. Sunilkumar Gupta (PW10). In reply (Exh.-46) the Investigating Officer
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Judgment --39-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
received documents for investigation from witnesses are not issued by
Railway Recruitment Board.
92. Now evidence of Mr. Mahadev Gherde (PW2) so far original
documents are concerned he stated that, Article Q1, Article R1 to R3 are
given by him. But he has not handed over the original documents to
Investigating Officer for investigation.
93. It is necessary to prove by the prosecution that, accused have
fabricated false documents for the purpose of cheating. The evidence to
that effect is on record is concerned none of the witness deposed that,
those fake documents prepared by accused Kailash or Danish Alam.
Further, Investigating Officer has not taken pains to obtain original
documents for the purpose of investigation, which are fake and fraudulent.
Further, it is to be noted that, Investigating Officer also not taken pains in
respect of the place, where the fake and fraudulent documents have been
prepared and forgery has been committed and who prepared false and
fabricated documents.
94. Therefore, in the line of above discussion it appears that,
there is no evidence to hold that, accused Kailash was involved to prepare
false and fabricated documents. Unless the forgery in relation to
documents is proved by the prosecution it cannot be held that, the said
forge documents have been prepared by the accused persons for the
purpose of cheating and used them as a genuine. Therefore, merely
exhibiting the documents it cannot be said that, the said documents have
been proved.
95. Further, the Appointment Letter issued to Dhanraj (PW1) is
placed on record but, who were actually prepared those documents, in
that relation there is not evidence on record. In such circumstances I hold
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Judgment --40-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
that, prosecution failed to prove the guilt of accused beyond any
reasonable doubt. Further, so far as, the case laws cited by prosecution is
concerned facts of the cited case laws and present case at hand are
altogether different. Therefore, the ratio laid down in above supra case
laws are of no use to the prosecution. Hence, I record my findings to point
No.2 to No.5 as in the negative.
As to Point No.7:
96. In view of negative findings of point No.1 to No.6 the accused
KAILAS RAJPAL SINGH is entitled to get benefit of doubt and for acquittal.
Hence, I proceed to pass the following order -
ORDER
i. The accused KAILAS RAJPAL SINGH is hereby acquitted
of the offences punishable under sections 420, 465, 466,
468, 471, 120B r/w.s. 34 of Indian Penal Code, as per
Sec. 248 (i) of the Code of Criminal Procedure.
ii. Accused is in Judicial custod since 21/03/2024,
therefore, he be set at liberty forthwith.
iii. Issue Non Bailable Warrant against absconded accused
Danish Alam and R. Singh @ Kundan Kumar.
iv. All the documents and evidence be preserved for the trial
of absconded accused.
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Judgment --41-- C.C.No.1897/PW/2024
C.N.R.NO.MHMM18-007797-2024 Maharashtra State Through Police Station-
Santacruz V/S. KAILAS RAJPAL SINGH.
v. Judicial Clerk shall inform to Jail Authority and issue
Release Warrant (Memo) forthwith.
vi. Judgment dictated and pronounced in open Court.
Date : 01/12/2025.
SRD.
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date : 01/12/2025.
Dictated on : 01/12/2025.
Transcribed on : 10/12/2025.
Signed on : 16/12/2025.
SRD
I affirm that, the contents of this P.D.F. file judgment are same word for
word, as per original judgment.
Court Name Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Name of Stenographer Sandeep Rambhau Darekar.
Date of pronounce of judgment 01/12/2025.
Date of sign of judgment 16/12/2025.
Date of upload of judgment 17/12/2025.
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