The central legal point established in the judgment is the requirement of substantial and compelling reasons to challenge an acquittal, the presumption of innocence, and the caution exercised by the court in taking away the right of an acquitted accused.

S.P. Garg, J.

1. State has preferred the petition for leave to appeal against the judgment dated 16.01.2007 in Sessions Case No.168/2001 by which the respondents were acquitted of all charges in case FIR No. 237/1999 under Sections 489B/489C/489D/467/120B IPC.

2. I have heard the learned Additional Public Prosecutor and the learned counsel for the respondents and have examined the record. Allegations against R-1 were that he used two fake currency notes in the denomination of Rs.100/- each to purchase bus tickets from Kasturi Lal at Kashmeri Gate, ISBT to go to Haridwar. DD No.16A was lodged and R-1 was apprehended. On his search, 27 more fake currency notes were recovered. Pursuant to R-1s disclosure statement 67 fake Kisan Vikas Patras with an identity slip were recovered from his house. He recovered fake currency notes from Naresh Chaudhary (R-5)s possession. Printing material and fake currency notes were also recovered from Adil Ahmad (R-2) and Mukhtiar (R-3). R-5 was allegedly found in possession of 7 fake currency notes. R-2 and R-3 led the police to M/s S.A. Prints Okhla, Phase-II and recovered ink, plastic sheet and paper bearing imprints of Rs.100/-. During the course of investigation, R-3 disclosed that his cousin Imtiaz (R-4) had helped him by preparing a floppy of currency notes. It lead to R-4s arrest and he disclosed that the said floppy was with R-6. The prosecution examined 13 witnesses. In their 313 statement, the respondents pleaded false implication. On appreciating the evidence and considering the rival contentions of the parties, the Trial Court by the impugned judgment acquitted the respondents in the absence of cogent and reliable proof.

3. Learned APP for the State urged that the minor discrepancies emerging in the PWs deposition were not enough to discard their version in entirety. The respondents were found in possession of fake currency notes and Kisan Vikas Patras. Material to prepare and forge fake currency notes was recovered from their possession or at their instance. The Trial Court did not give due weightage to handwriting experts report and he was of the opinion that the signatures on the identity slip were forged by R-1. The police officials had no ulterior motive to falsely implicate the respondents with whom they had no prior animosity. The Trial Court did not appreciate that recoveries were effected pursuant to the disclosure statements and were admissible under Section 27 of the Evidence Act. Learned counsel for the respondents urged that vital discrepancies in witnessess version compelled the Trial Court to reject prosecution case. It recorded specific findings in that regard which need no interference. The floppy in question was never recovered. Daily Diary 16-B was fabricated. First Information Report was lodged on the basis of the contents of the Daily Diary. The recovery was effected prior to recording statements of respondent.

4. I have examined the findings of the Trial Court minutely and find no illegality or irregularity. Trial Court referred to various contradictions, discrepancies and lapses to give benefit of doubt to the respondents and disbelieved and discarded the prosecution case. R-4 was suspected to have prepared a computer floppy used for preparing counterfeit currency notes. Admittedly, the floppy could not be recovered. There was no other evidence to show as to where, when and by what mode, R-4 prepared the floppy. There is no evidence that R-4 had access to the computers at his office. The Trial Court noted that Investigating Officer did not make efforts to find out if any particular computer at the office was used by R-4 by getting a computer forensic expert to analyse the hard disk. Statement of co-accused was not admissible to prove the guilt that R-4 prepared the floppy.

5. Allegations against R-3 were that he was found in possession of six fake currency notes in the denomination of Rs.100/- each and one plastic sheet used for preparing forged/counterfeit cu