Possession of counterfeit currency, even without independent witness corroboration, can sustain a conviction if knowledge of its nature is inferred from circumstances.

JUDGMENT :

RAJNEESH KUMAR GUPTA, J.

1. The present criminal appeal has been filed under Section 374 Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C’) by the Appellants, namely, Aashim and Mehtab Jahan challenging the judgment dated 4th January, 2012 (hereinafter referred to as ‘impugned judgment’) and the Order on Sentence dated 6th January, 2012 (hereinafter referred to as ‘impugned Order In Sentence’) passed by the learned Additional Sessions Judge-II (North), Tis Hazari Courts, Delhi (hereinafter referred to as ‘Trial Court’) in Sessions Case bearing No. 63/2011 arising out of FIR bearing No. 146/2008 registered at Police Station-Lahori Gate.

2. Vide the impugned judgment, the learned Trial Court convicted the Appellants under Section 489C of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and sentenced them to undergo 03 years of Simple Imprisonment (hereinafter referred to as ‘SI’), each along with a fine of Rs. 10,000/- each and in default of payment of fine, to undergo SI for 05 months.

3. In brief, the Prosecution case is that on 31st July, 2008, at about 04:45 PM, SI Surender Singh (PW- 4) was on patrolling duty near Fatehpuri Masjid, Chandni Chowk. While on patrolling duty, a secret information was received that a young man and a woman, who were engaging in the selling of counterfeit currency notes were present near Backar Watch Company, Chandni Chowk and were waiting for the customers.

Acting upon the said information, a raiding team was formed. At about 04:45 PM, on the pointing out of the secret informer, both the Appellants were apprehended. From the search of the Appellant-Aashim, 12 counterfeit currency notes of Rs.500/- each, were recovered from the back pocket of his trousers. From the search of the Appellant-Mehtab Jahan, 8 counterfeit currency notes of Rs.500/- each, were recovered from a small black purse. The recovered currency notes were seized and sealed in separate pullandas (‘cotton cloth’). Thereafter the FIR was got registered under Sections 489B/489C/34 IPC. The exhibits were forwarded to the Currency Note Press (hereinafter referred to as ‘CNP’), Nashik, for expert examination and the currency notes were opined as counterfeit. After investigation, the chargesheet was filed in the Court.

Separate charges under Section 489C of the IPC were framed against the Appellants, to which they pleaded not guilty and claimed trial. The Prosecution in order to prove its case has examined 11 witnesses. The statements of the Appellants were recorded under Section 313 of the Cr.P.C., wherein the Appellants had denied the incriminating evidences and pleaded innocence and claimed false implication and have also examined one witness in their defence. The trial resulted in conviction, as aforesaid. Being aggrieved and dissatisfied with the Impugned Judgment, the present appeal has been preferred by the Appellants.

4. Ld. Counsel for the Appellants has argued that the Trial Court has passed the impugned judgment on the basis of submisers and conjectures, which is against the facts of the case. The alleged counterfeit currency notes are planted upon the Appellants. The recovery of the alleged counterfeit currency notes from the possession of the Appellants is doubtful, as no public witness has been a part of the investigation. All the Prosecution witnesses are Police officials and their evidence does not inspire confidence as they are interested witnesses. As the Prosecution has failed to prove its case, therefore, it is prayed that the impugned judgment be set aside and the Appellants be acquitted.

5. On the other hand, ld. APP for the State has a