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2025 Supreme(AP) 965

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. SRINIVAS, J.
Puli Lakshmana Swamy and Others – Appellants
Versus
The State – Respondent 
Criminal Revision Case Nos. 2012, 2014 of 2011
Decided On : 28-01-2025

Advocates Appeared:
For the Appellant : Venkatasubbaiah V.

The concurrent findings by trial and appellate courts affirm the conviction under counterfeit currency charges, with modifications to sentences based on elapsed time and the health of the accused.

Headnote:(A) Indian Penal Code - Section 489

(C) - Conviction and sentencing for counterfeit currency - Conviction upheld by High Court after trial, with modifications to sentence due to the time elapsed since the offence and the age and health of the accused - Testimony of prosecution witnesses established the guilt beyond reasonable doubt (Paras 24, 30).

(B) Criminal Procedure Code, 1973 - Section 397 r/w Section 401 - Appeals against conviction - Revisional Court not to interfere unless there's manifest error or perversity in lower courts' findings (Paras 21, 22).

Facts of the case:
Multiple accused involved in the circulation and production of counterfeit currency notes, leading to significant seizures and arrests made during the police investigation, indicating organized counterfeit activities (Paras 1-6).

Findings of Court:
While the conviction was affirmed, the sentences were modified to reflect the time served and mitigating circumstances surrounding the health and age of the accused (Paras 30, 29).

Issues: The court determined whether there was a miscarriage of justice or error in the findings of the trial and appellate courts (Paras 8, 21).

Ratio Decidendi: The High Court approved the concurrent findings of fact from lower courts, emphasizing that mere dissent from the accused's perspective was insufficient to overturn a conviction without clear errors (Paras 24, 22).

Result: Both Criminal Revision Cases are allowed in part, modifying sentences to that already undergone.

JUDGMENT :

V. SRINIVAS, J.

1. Assailing the common judgment dated 26.09.2011 in Crl.A.Nos.9 and 11 of 2009 on the file of the Court of learned I Additional Sessions Judge, West Godavari at Eluru, confirming the conviction and sentence imposed against the accused Nos.1, 5, 6 and 8 by the judgment dated 18.12.2008 in S.C.Nos.368 of 2007 and 130 of 2008 on the file of the Court of learned Principal Assistant Sessions Judge at Eluru, for the charge under Section 489(C) of INDIAN PENAL CODE (hereinafter referred to as “IPC”), the petitioners/accused Nos.1, 5 and 8 filed the Criminal Revision Case No.2012 of 2011 as well petitioner/accused No.6 filed the Criminal Revision Case No.2014 of 2011 under Section 397 r/w.401 of the CRIMINAL PROCEDURE CODE , 1973 respectively.

2. These revision cases were admitted on 28.09.2011 and the sentence imposed against the petitioners was suspended, vide orders in Crl.R.C.M.P.Nos.3005 and 3008 of 2011, respectively.

3. The shorn of necessary facts are that:

i) On 01.09.2000 at about 07.30 p.m., P.W.1, who is an agricultural coolie presented a fake Rs.100/- currency note in the provisions store of P.W.3 and then P.W.3 questioned P.W.1 about the same. On the same day, P.W.1 lodged a complaint before I Town Police Station, Eluru and the same was registered as a case in Cr.No.197 of 2000 under Section 498(A)(B) of IPC and investigated into.

ii) Then P.W.14 seized two fake Rs.100/- denomination notes from P.W.1 under the cover of mediators report.During the course of investigation, on 02.09.2000 at about 10.00 p.m., police arrested the accused No.1 and recovered four Rs.500/- denomination fake currency notes and five Rs.100/- denomination fake currency notes under the cover of Ex.P.4 mediators report. On the same day at about 11.30 p.m., police arrested accused Nos.2 and 3 at Pedana and seized thirteen Rs.500/- denomination fake currency notes, five Rs.100/- denomination fake currency note from accused No.3 under the cover of Ex.P.5 mediators report.

iii) In pursuance of information given by the accused Nso.2 and 3, on the intervening night of 2/3.09.2000 at about 01.30 a.m., police conducted raid on the house of accused No.4 at Poranki, Krishna District, seized ten Rs.500/- denomination fake currency notes and ten Rs.100/- denomination fake currency notes from accused No.4 and also seized seven Rs.500/- denomination fake currency notes and six Rs.100/- denomination fake currency notes from accused No.5 under the cover of Ex.P.6 mediators report.

iv) On the information given by accused Nos.1 to 5, police conducted raid in the Arimboor House D.No.1/2-3-2, Mangalam Street, Wadakamchery village, Triruchur District, Kerala State and found accused Nos.6 and 8, seized seven bundles of Rs.500/- denominates fake currency notes, computers, scanners, printing material etc. under the cover of Ex.P.7 mediators report, they confessed that accused No.7 is the master mind behind the preparation of counterfeit currency notes and he (A.7) had taken fake currency notes worth of Rs.42,27,000/- to Vijayawada.

v) On that, on 06.09.2000 at about 08.00 a.m., police conducted raid on Room No.201 of Sangeetha Lodge, Vijayawada, arrested Accused No.7, seized counterfeit currency note bundles worth of Rs.41,27,000/- under the cover of Ex.P.8 mediators report.

vi) Accused Nos.6 and 8 are close associates of accused No.7 and they entered into an understanding with accused Nos.1 to 5 and 10 to supply counterfeit currency notes for exchange with genuine notes. In pursuance of the same, accused No.7 with the help of accused No.6 and 8 produced the counterfeit currency notes and supplied to accused Nos.1 to 5 and 10 for the purpose of circulation.

4. After completion of investigation, P.W.16-S.I. of Police laid charge sheet and the same was taken cognizance vide P.R.C.No.37 of 2002 on the file of Court of the learned II Additional Judicial Magistrate of First Class at Eluru and committed to the Court of Sessions and numbered as S.C.No.368 of 2007

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