A Delhi court on Wednesday (October 23) acquitted former Delhi Member of Legislative Assembly (MLA) Ranbir Singh Kharb and his wife Anita Kharb in a 2006 cheating case [Ranbir Singh Kharab & Another v. State].
The case involved allegations that the couple defrauded investors who put money in a company named M/s Jyoti Fair Finance set up by the duo between 1998 and 2004.
In December 2023, a trial court convicted the couple for offences under Sections 420 (cheating) and 120-B (criminal conspiracy) of the Indian Penal Code (IPC), before sentencing them to 7 years of prison and a ₹22 lakh fine.
Additional sessions judge Kaveri Baweja has now overturned this trial court verdict on an appeal filed by the Kharbs.
The additional sessions court found that the trial court had failed to take into account the glaring contradictions and discrepancies in this case.
"It is apparent that the Prosecution has failed to bring home the guilt of the Appellants beyond the realm of reasonable doubt. In fact, there are glaring contradictions and discrepancies which have not been appreciated by the Ld. Trial Court in the impugned judgment", the sessions court said in its October 23 order.
It thus, set-aside the trial court judgment and acquitted the Kharbs.
The sessions court found stark contradictions in the documentary evidence and the oral testimonies of the prosecution witnesses. It noted that the money alleged to have been taken from one of the witnesses by way of inducement was clearly mentioned as 'loan' amount in a document which was brought on record as evidence.
The sessions court observed that it is settled law that documentary evidence must take precedence over the oral evidence.
"It is also pertinent to mention that none of the Prosecution Witnesses gave any explanation as to why the term used in receipt Ex.PW2/A is ‘loan’ or that Rs. 23 Lakhs is stated to have been taken by Appellant Ms. Anita Kharab from PW2 as a loan when the alleged victims claim that to be an ‘investment’ (sic)", the sessions court added in its order.
The appellate court also found other discrepancies in the case of the prosecution, such as the non-examination of a hand writing expert who gave his expert opinion about signatures allegedly put by Anita Kharab on a receipt brought on record as evidence.
Further, the court noted that there was no explanation as to why the company M/s Jyoti Fair Finance was not arrayed as an accused in the case, despite being the company in which the investments were allegedly made by the complainants.
The sessions court concluded that the Kharbs could not have been convicted for the alleged offences when there were so many discrepancies involved. It thus allowed their appeal and acquitted them.
Advocate AN Aggarwal appeared for Ranbir Singh Kharb and Anita Kharb while Additional Public Prosecutor Manish Rawat represented the State.
[Read Order]