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1971 Supreme(Ker) 150

Judges : K.SADASIVAN
KARIM KUNJU ALIAS KARIM - Appellant
Versus
STATE - Respondent
Case No : Crl. R. P. No. 119; 127 of 1971
Decided On : 08/17/1971
Advocates Appeared :
M. N. Sukumaran Nair; N. A. Muraleedharan; For Petitioner C. Sankaran Nair; For Respondent

The main legal point established in the judgment is that the evidence of an illegitimate trap laid by a police officer and his associates must be corroborated by other untainted evidence, and without such corroboration, the evidence cannot be accepted.

Headnote:

CONSPIRACY - Criminal Conspiracy - S.120 (B), S.489 (B), S.489 (C) - The court discussed the alleged criminal conspiracy between the police officer and the accused, highlighting the unorthodox nature of the conspiracy and the criticism it received from the Supreme Court. The court emphasized that the accused were lured into the crime by the police officer and that the crime itself was engineered by the police officer. The judgment cited various Supreme Court cases to establish that the trap laid by the police officer was an 'illegitimate trap', making the police officer and his associates accomplices. The court concluded that the evidence of the police officer and his associates must be corroborated by other untainted evidence, which was lacking in the present case. The court ultimately set aside the conviction and acquitted the accused.

Fact of the Case:

The accused were charged with offenses falling under S.489(C), 489(B), and 420 read with S.120(B) and 489(B) and (C) of the I.P.C. The prosecution alleged that the accused conspired to exchange counterfeit currency notes for genuine notes and were caught in a trap laid by a police officer.

Finding of the Court:

The court found that the trap laid by the police officer was illegitimate and criticized the unorthodox nature of the conspiracy. The court emphasized that the evidence of the police officer and his associates must be corroborated by other untainted evidence, which was lacking in the present case. The court set aside the conviction and acquitted the accused.

Issues: The main issue was the legitimacy of the trap laid by the police officer and the nature of the alleged conspiracy between the police officer and the accused.

Ratio Decidendi: The court established that the trap laid by the police officer was illegitimate, making the police officer and his associates accomplices. The court emphasized the need for corroboration of their evidence by other untainted evidence, which was lacking in the present case.

Final Decision: The court set aside the conviction and acquitted the accused.

Judgment :-

1. These revision petitions are preferred by the accused in Sessions Case No. 13 of 1970 on the file of the Assistant Sessions Judge, Alleppey. Crl. R. P. 119 of 1971 is by accused Nos. 2 and 4 and Crl. R. P. 127 of 1971 is by accused 1 and 3. They were convicted by the learned Assistant Sessions Judge and sentenced under S.120 (B) read with S.439 (B) and S.489 (C) of the. I. P. C. All the accused (accused Nos.1 to 4) have been convicted under S.120 (B) read with S.489 (B) and sentenced to rigorous imprisonment for a period of two years each. Accused Nos.1 and 3 have been further convicted under S.489(C) and sentenced to rigorous imprisonment for a period of two years each. Accused No.1 has further been convicted under S.420 read with S.511 of the I.P C. and sentenced to rigorous imprisonment for two years. The sentences have been directed to run concurrently. The conviction and sentence have been confirmed in appeal by the Sessions Judge of Alleppey.

2. The prosecution case stated briefly is as follows: Accused Ho 4 along with accused 5 and 6 who have been acquitted, were charged by the Central Bureau of Investigation, Special Police Establishment, Cochin for offences falling under S.489(C), 489(B) and 420 read with S.120(B) and 489(B) and (C) read with S.511 I.P.C. The prosecution alleged that the six accused persons conspired together in room No. 41 of Narasimhapuram Lodge at Alleppey, and at the surrounding places on 31-8-1969 and on 1-9-1969 with the object of commiting acts falling under S.489(C) and (B) and 420 I.P.C., and entered into an illegal agreement with Pw1 Ramanandan, Sub Inspector of Police/ CBI/ SPE/Cochin who had posed himself as the son of a rich planter, to exchange counterfeit currency notes of 2 rupee denomination for genuine notes of the same denomination. The agreement was that the accused would part with such counterfeit notes worth Rs. 75,000 in exchange for genuine notes of the same denomination worth Rs. 25,000. Pw1 had earlier met the 3rd accused at Pachalam near Ernakulam and bad enquired of him if he could supply counterfeit notes in exchange for genuine notes. Pw1 who had disguised himself as the son of a planter, told the 3rd accused that counterfeit notes were required for distribution among the employees of his estate towards their wages. 3rd Accused told Pw1 that he was not possessed of any counterfeit currency but to his knowledge such false currency could be had from accused Nos. 1, 2, 4 and 5 who were residing at Alleppey. This interview between Pw1 and the 3rd accused took place on 30-8-1969 as instructed by 3rd accused. Pw1 went to Alleppey the next day and presented himself at the Narasimhapuram Lodge at about 7 p. m 3rd accused was already waiting there and he took Pw1 to room No. 41 of the Lodge where accused Nos. 1, 2, 4 and 5 were present. He introduced Pw1 to them, 3rd accused then told Pw1 that he had discussed the matter already with them and that further details could be talked over by Pw1 himself. Pw1 accordingly told the accused that he had come to purchase counterfeit notes. 5th accused then told Pw1 that they had only counterfeit notes of 2 rupee denomination and they were prepared to exchange two such notes for one genuine note. Pw1 then wanted them to show him specimen notes that they had. At the bidding of 5th accused 4th accused took out from the pouch of his belt a bundle containing about one hundred 2-rupee currency notes and handed them over to Pw1 who on scrutiny found that they were counterfeit notes of good imitation. Pw1 returned the notes and told the accused that he could raise Rs. 25,000 immediately if they were prepared to exchange at the rate of 3 counterfeit notes for one genuine. The accused thereupon went out of the room and conspired between them for some time and came back to the room and told Pw.1 that the offer was acceptable to them. It was suggested to Pw.1 that he should come the next day in the same room at about the same time with Rs.
























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