Counterfeit currency notes - Discrepancy in time of arrest- -Acquittal.

K.S.Garewal, J.

1. Pirthi Singh, Auction Clerk of Municipal Corporation, Bathinda was tried by learned Additional Sessions Judge Bathinda for possession of Rs. 34,900.00 counterfeit currency. The learned trial Judge passed Judgment against Pirthi Singh on November 12, 2003, found him guilty for an offence under Section 489-C of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 31/2 years and to pay a fine of Rs. 1000.00 , in default of payment of fine he was further sentenced to undergo rigorous imprisonment for six months, Prithi Singh has filed this appeal to challenge his conviction and sentence.

2. The investigation against Pirthi Singh began on November 11. 2002 when S.I. Gulzar Singh (P,W. 7) alongwlth other members of the police party was present at the Kotfatta bus stand and received secret information that Pirthi Singh dealt in fake and counterfeit currency and if he was arrested at the bridge of the Kotfatta drain, where he was present, fake currency could be recovered from him. The case was registered and after associating Vijay Kumar, S.I. Gulzar Singh (P.W. 7) and ASI Fulvir Singh (P.W. 6) apprehended Pirthi Singh at the said bridge. Pirthi Singhs search was conducted and 349 notes of Rs. 100.00 each were recovered. His further search also revealed a valid driving licence, an arms licence and a gold ring. The currency notes were sent to Reserve Bank of India for verification. The bank reported that the notes were forged notes. It was found that the paper was rough and thick, size of the notes was slightly shorter than that of genuine notes, colour of the notes was different, water mark was not available and the notes were photo copies. The recovery memo of these notes also showed that many notes bore the same number e.g. there were 13 notes bearing the same No. 6SG 333613 and 16 notes bearing No. 7SG 666317 etc. etc. After completion of Investigation, Pirthi Singh was sent up for trial. At the trial charge was framed against the appellant under Section 489-C, IPC to which he pleaded not guilty and claimed trial.

3. The main witnesses examined by the prosecution were HC Manjit Singh (P.W. 1), HC Jagjit Singh (P.W. 2), Raj Singh Assistant Manager, Reserve Bank of India (P.W. 3), ASI Baldev Singh (P.W. 4), HC Maghar Singh (P.W. 5). ASI Fulvir Singh (P.W. 6) and S.I. Gulzar Singh (P.W. 7).

4. After completion of prosecution evidence, accused was examined without oath under Section 313, Cr. P.C. He denied various items of prosecution evidence appearing against him and stated that a criminal case under Section 409, IPC was got registered against him by the official of the Municipal Corporation while he was working there but he was acquitted in the said case. It was due to that reason that he was got implicated in this case with the connivance of the police. When called upon to enter his defence, Pirthi Singh examined Harbhajan Singh (D.W. 1) who testified regarding the time, date and place of Pirthi Singhs arrest and that he had been arrested on January 11, 2002 at 10-15 a.m. from in front of his own house. Similar was statement of Jagjit Singh (D.W. 2). Pirthi Singh also examined Nand Kishore of the Telegraph Office to prove dispatch of some telegrams by Pirthi Singhs son Beant Singh on January 11, 2002 at 3.00 p.m. regarding Pirthi Singhs kidnapping by C.I.A. Staff. Beant Singh himself appeared; as D.W. 4 who corroborated this fact. Lastly, Vijay Kumar (D.W. 5) testified that on January 11, 20012 he had been called upon by the police to sign certain papers but he was categoric that no fake currency notes had been recovered from Pirthi Singh on that day. Papers relating to the recovery of the notes in question were got signed from him.

5. After the closure of the defence evidence learned trial Judge proceeded to pronounce his verdict and held that prosecution has proved the case regarding the recovery of the currency notes from Pirthi Singh.

6. learned Counsel for the appellant has ar