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2017 Supreme(Del) 1598
IN THE HIGH COURT OF DELHI AT NEW DELHI
P.S. TEJI, J.
KAMAL LAL – Appellant
Versus
STATE – Respondent
Crl. Appeal No. 831 of 2001
Decided On : 22-05-2017
For the Appellant : Mr. Mukesh Kaushik.
For the Respondent: Mr. Panna Lal Sharma.
The main legal point established in the judgment is the reliance on testimonies of prosecution witnesses and expert opinion to establish the guilt of the appellant in possession of counterfeit currency notes.
Headnote:
Counterfeit Currency - Criminal Law - IPC 489-B, 489-C - The court discussed the recovery of counterfeit currency notes from the appellant, the testimonies of prosecution witnesses, and the expert opinion confirming the counterfeit nature of the recovered notes. The court upheld the conviction under Section 489-C IPC based on the evidence presented.
Fact of the Case:
The appellant was convicted under Section 489-C IPC for possession of counterfeit currency notes. The case involved the recovery of counterfeit currency notes from the appellant and the testimonies of prosecution witnesses.
Finding of the Court:
The court found the appellant guilty based on the evidence presented, including the testimonies of prosecution witnesses and the expert opinion confirming the counterfeit nature of the recovered notes.
Issues: The issues included the appellant's connection to the recovered counterfeit currency notes, the lack of independent witnesses during the arrest and seizure, and the purpose of the alleged recovery of currency notes.
Ratio Decidendi: The court relied on the testimonies of prosecution witnesses, the expert opinion confirming the counterfeit nature of the recovered notes, and the lack of evidence to support the appellant's claims of false implication.
Final Decision: The appeal filed by the appellant was dismissed, and the impugned judgment and order on sentence dated 16.10.2001 were upheld. The appellant's bail bond was forfeited, and he was directed to surrender before the trial court within fifteen days to serve out the remainder of his sentence.
P.S. TEJI, J.
1. By this appeal filed under Section 374(2) of Cr.P.C. the appellant seeks to challenge the impugned judgment dated 16.10.2001, passed in SC No. 296/1997 in a case registered as FIR No. 83/1992 under Section 489-B/34 of IPC, at Police Station Greater Kailash, Delhi whereby the appellant has been convicted under Section 489-C IPC and order on sentence dated 16.10.2011 vide which he has been awarded the rigorous imprisonment for a period 3 years and fine of Rs. 25,000/- in default of payment of fine to further undergo simple imprisonment for 6 months.
2. The facts emerging from the record are that on 10.04.1992, accused Daya Nand came to a petrol pump while driving his car bearing registration No. DIA-5470 and asked for 5 litres of petrol. After taking petrol, he handed over Rs. 500/- currency note to the salesman Nand Kishore who did not find water mark and security thread on the note. He showed the note to his colleague Badam Singh and also informed his owner. The police was called thereafter, and accused Dayanand was handed over to the police along with the currency note. Thereafter, accused Dayanand made a disclosure statement stating therein that this note was handed over to him by Kamal Lal and he took the police to the General Taxi stand, Khanna Market where 92 counterfeit currency notes in the denomination of Rs. 500/- were recovered from appellant Kamal Lal and were seized by the police. The accused Nand Lal took the police to the house of the accused Satnam Singh, where further he took the police to the house of Dinesh Bhatt. Genuine currency notes amounting to Rs. 50,000/- were recovered from the house of Dinesh out of which the first and last note of five packets amounting to Rs. 25,000/- were found signed by the accused Kaman Lal.
3. On the basis of apprehension of accused persons and recovery of counterfeit currency notes, FIR under Section 489-B/34 IPC was recorded and accused persons were arrested. After completion of investigation, charge sheet was filed in the Court.
4. Charge under Sections 489-B and 489-C IPC were framed against the accused persons. Accused persons pleaded not guilty and claimed a trial.
5. The prosecution had examined as many as ten prosecution witnesses namely PW-1 Nandkishor, PW-2 Harjeet Singh, PW-3 Parasnath, PW-4 HC A.K. Sharma, PW-5 Hashim A. Rizvi, PW-6 HC Jagpal Singh, PW-7 ASI Ved Prakash, PW-8 HC Suresh Pal, PW-9 Const. Mahavir, PW-10 V.K. Khanna.
6. After conclusion of prosecution evidence, statements of the accused persons were recorded under Section 313 Cr.P.C. Two defence witnesses were examined by the accused persons.
7. Upon considering the facts, evidence led and the material on record, the appellant was held guilty by the learned Additional Sessions Judge, Delhi and by an order dated 16th October, 2001, the appellant was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 25,000/- and in default of payment of fine to undergo simple imprisonment for 6 months under Section 489-C of IPC. However, the remaining accused persons were acquitted of the charges framed against them.
8. The main grounds of challenge are that the learned Trial Court failed to appreciate that there was no evidence on record to connect the accused/appellant with the commission of the alleged offence. The appellant was not named in the FIR and it was only on the disclosure statement of the accused Daya Nand that the accused/appellant Kamal Lal was arrested. The arrest as well as the seizure of 92 counterfeit notes was not done before any independent witness although there were number of persons present there. But the prosecution did not bring any independent witness in the trial also that one prosecution witness PW-3 namely Paras Nath who as per the prosecution was said to have provided 3 counterfeit currency notes to the police as per his statement under Section 161 Cr.P.C. these counterfeit currency notes were alleged to have been provided by
