The admissibility of police witnesses' testimony without corroboration and the reliance on their evidence for conviction.

JUDGMENT

Sugato Majumdar, J. - The instant appeal is preferred against Judgment of conviction and Order of sentence both dated 19/09/2014 passed by the Additional District and Sessions Judge, 5th Court Malda, in Sessions Trial No. 9 of 2013 whereby the Appellant was convicted under section 489(C) of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for five years along with fine of Rs. 5,000/- in default rigorous imprisonment for another one year.

2. Secret information was received on 13/01/2013 at 12:05 hours by Assistant Sub-Inspector Uttam Kumar Das of Manikchawk Police Station, Malda that one unknown person was carrying fake Indian currency notes and was proceeding from Malda to Dharampur. He along with other police persons went to Dharampur bus stand on the basis of information so received, at 12:35 hours. At around 13:15 hours the Appellant got down from vehicle at Dharampur bus stand. The person of the Appellant was searched following usual formalities and 102 pieces of fake Indian currency notes of denomination of Rs. 500/- was seized from his possession.

3. He was arrested on the spot. Written complaint was lodged by the said ASI Uttam Kumar Das before the Officer-in-Charge Manikchawk Police Station, District - Malda. The written complaint was received on 13/01/2013 at 17:45 hours in terms of GD Entry No. 595 and Manikchawk Police Station Case No. 12 of 2013 dated 13/01/2013 under section 489(B)/489(C) of the Indian Penal Code was registered. Sub-Inspector Subimal Kumar Dey was entrusted with investigation. In course of investigation, he visited the place of occurrence and prepared rough sketch map with index, examined witnesses, collected seized articles on preparing seizure list. Seized notes were sent for examination and he received the result of examination. On completion of investigation, he filed charge sheet under section 489(B)/489(C) of the Indian Penal Code.

4. Since the case was exclusively triable by a Sessions Court, the matter was committed to the Sessions Judge and then to the Trial Court. Cognizance was taken and charges were framed under section 489(B)/489(C) of the Indian Penal Code. Charges were read over and explained to the Appellant to which he pleaded not guilty and claimed to be tried, resulting in the trial.

5. In course of trial, prosecution examined ten witnesses and produced various documents marked as Ext. 1 to 6. Seized fake Indian currency notes were marked as MAT Ext. (I), collectively. The Appellant was examined under section 313 of the Code of Criminal Procedure. The defense of the Appellant was that he was falsely implicated and he is innocent.

6. The Trial Court convicted the Appellant in terms of the impugned judgment and sentenced him as aforesaid. On being dissatisfied, the appellant preferred the instant appeal. At the time of admission of the appeal it was overlooked that there was delay of 129 days in preferring the appeal. Petition for condonation of delay is pending since then. Let the delay be condoned.

7. Mr. Khan, the learned Counsel for the Appellant submitted that the prosecution case is rife with contradictions and inconsistencies belying reliability of evidence. He argued that there are discrepancies in evidence of witnesses as to time of the incident. Some of the witnesses stated that the incident took place at 12:30 hours, some of the witnesses stated that the incident took place at 01:15 hours and some other also stated that the incident took place at about 03:30 P.M.

8. Such contrary evidence should not be relied upon by the Trial Court to convict the Appellant. The next point argued by Mr. Khan is that the whole prosecution case is based on police witnesses because the independent seizure witnesses turned hostile and they stated in evidence that at the instruction of police they signed the seizure list. It is in the submission of Mr. Khan that police witnesses are not independent witnesses as their evidence were tainted with oblique motive. The Tria