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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RATNAKER BHENGRA, J.
Kailash Mandal – Appellant
Versus
The State of Jharkhand – Respondent
Cri. Appeal (SJ) No. 600 of 2003
Decided On : 09-10-2017
Counterfeit Currency - Criminal Appeal - Indian Penal Code - Sections 489-B, 489-C
Fact of the Case:
The appellant was convicted under Sections 498-B and 489-C of the Indian Penal Code for using and possessing counterfeit currency notes.
Finding of the Court:
The court upheld the judgment of conviction, finding that the appellant had given two counterfeit notes of Rs. 500/- and was in possession of forged currency notes. The court reduced the appellant's sentence considering his age and lack of prior criminal record.
Issues: The issues included the possession and use of counterfeit currency notes, the appellant's awareness of the notes being counterfeit, and the procedural aspects of seizure and expert examination.
Ratio Decidendi: The court relied on the evidence of the expert report, which confirmed that the notes were counterfeit, and considered the appellant's age and lack of prior criminal record in reducing the sentence.
Final Decision: The criminal appeal was partly allowed with a modification in the sentence, and the appellant was discharged from his liability of bail bond.
1. Heard both the counsels.
2. Present criminal appeal is directed against the judgment of conviction and order of sentence dated 30.1.2003, passed by learned Addl. Sessions Judge, Fast Track Court No. II, Deoghar in Sessions Case No. 204 of 2002, whereby and whereunder, the sole appellant was conviction under Sections 498-B and 489-C of the Indian Penal Code and sentenced to rigorous imprisonment for five years and to pay a fine of Rs. 2,000/- and in default of payment of fine to undergo simple imprisonment for six months under Section 489-B of the Indian Penal Code. Appellant was further sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo simple imprisonment for four months under Section 489-C of the Indian Penal Code. Both the sentences were ordered to run concurrently.
3. The prosecution case as per the written report of the informant Ravish Kumar, PW-1, is that on 17.12.2001 at about 3.00 a.m. in the course of checking of the passengers detrained by 3232 DN at Exit Gate at Platform No. 1 he detected one passenger named Kailash Mandal without ticket and accordingly charged him to pay Rs. 84/- as excess fare and the accused handed over a note of Rs. 500/- which was found to be doubtful and forged by the informant as such he again demanded the note to be replaced. Then accused replaced the note with Rs. 500/- note but it was bearing the same number of Rs. 500/- note. Both the notes were bearing the same numbers and series as 8 CV 797269. Then the informant charge-sheeted the accused for travelling without ticket bearing charge-sheet No. 1776891 dated 17.12.2001 and handed over the two pieces of forged notes of Rs. 500/- along with the said accused person to the Rail Police, Jasidih.
4. On the basis of this written report, Jasidih Rail P.S. Case No. 018 of 2001 dated 17.12.2001 under Sections 489-B and 489-C of the Indian Penal Code was registered and investigation was taken up.
5. After the investigation, charge-sheet no. 5 of 2002 dated 15.3.2002 under Sections 489-B and 489-C of the Indian Penal Code was submitted against the accused. Learned Railway Magistrate, Madhupur at Madhupur took the cognizance and committed the case of the Court of Sessions. Charges were framed under Sections 489-B and 489-C of the Indian Penal Code, which were explained to the accused to which he pleaded not guilty and claimed to be tried.
6. Prosecution examined altogether four witnesses in support of its case. On conclusion of trial, appellant was convicted and sentenced as aforesaid. Hence, this appeal.
7. PW-1 Ravish Kumar, Senior Ticket Collector, is the informant of the case. He deposed that on 17.12.2001 at about 3.00 a.m. he was on duty at Exit Gate at Platform No. 1 of Jasidih Railway Station as Senior Ticket Collector. In course of checking of the passengers of 3232 DN train, he detected one passenger named Kailash Mandal without ticket and asked him to pay Rs. 84/- as excess fare. The accused handed over a note of Rs. 500/- which was found to be doubtful as such he again demanded the note to be replaced, the accused replaced the note with one more note of Rs. 500/- but the both notes were bearing the same number. Then this witness charge-sheeted the accused and handed over the two pieces of suspicious notes along with the accused to G.R.P. Jasidih. During his evidence, he has proved the written report as Ext.1, charge-sheet as Ext.2 and signature on seizure list as Ext.3, 3/1, 3/2.
8. PW-2 Radha Ballabh Prasad was Chief Ticket Inspector, Jasidih Railway Station. He deposed that on 17.12.2001 at 7.00 a.m. when he came at Jasidih Railway Station on duty, the informant-Ravish Kumar told him that one man was detected by him without ticket, who in demand of charge delivered him Rs. 500/- forged currency note. The ticket-less passenger was handed over to the Jasidih Rail P.S. along with charge-sheet and written report by the informant. This witness has proved
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