1. Ambit and purpose of Section 27 of the Evidence Act has once again arisen for consideration in this case. To that, I may refer little later, first facts of the case. The case of prosecution is use of forged / counterfeit currency note as a genuine note by the appellant and the other accused. The story, as presented by the prosecution, sounds improbable and material on record rules out even remote possibility of conviction. However, the story does find acceptance at the hands of the trial court and material on record failed to shake judicial conscience of the court of first instance. Story unfolded in a moment would show why it is improbable and reference to evidence would show how and why the case is unacceptable.

2. It said to have happened on 26.12.1983. Two ladies (A1 and A2) said to have come to the complainant’s shop / larry. The complainant at the relevant time was doing business of ready-made garments and other ancillary items. A1 had said to have selected one towel which was priced at Rs.8/-. A1 gave Rs.100/-note (Article 1). The said currency note appeared as suspicious to the complainant as its number on left hand side and right hand side does not tally. This m