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2013 Supreme(UK) 763
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Singh, J.
Jyut Chaudhary and others - Appellants
Versus
State of Uttarakhand - Respondent
Criminal Appeal No. 131 of 2010
Decided On : 13.05.2013
Advocate Appeared:
Mr. Bhuvanesh Joshi, Advocate for the appellants.
Mr. P.S. Danu, Brief Holder for the State of Uttarakhand/respondent.
Mere possession of counterfeit currency notes without the requisite mens rea does not constitute an offence under Sections 489-B and 489-C IPC.
Headnote:
Counterfeit Currency - Criminal Offences - IPC 489-B, 489-C
Fact of the Case:
The appellants were found in possession of counterfeit currency notes and were charged under Sections 489-B and 489-C of the Indian Penal Code (IPC). The trial court convicted them based on the recovery of the counterfeit currency.
Finding of the Court:
The court found that the prosecution failed to prove that the appellants had the knowledge or reason to believe that the currency notes in their possession were counterfeit. The court also criticized the trial court for allowing the illiterate accused to cross-examine witnesses without providing legal assistance.
Issues: The main issue was whether the appellants had the requisite mens rea for the offences under Sections 489-B and 489-C IPC.
Ratio Decidendi: The court relied on the principle that mere possession of counterfeit currency notes without the requisite mens rea does not constitute an offence under Sections 489-B and 489-C IPC. It also emphasized the importance of providing legal assistance to illiterate accused during trial.
Final Decision: The court set aside the judgment and acquitted the appellants from the charges, criticizing the prosecution for failing to prove the mens rea required for the offences.
Alok Singh, J.
1. Present appeal is directed against the judgment and order dated 31.05.2010 passed by Sessions Judge, Haridwar, in Sessions Trial No. 128 of 2010 whereby appellants herein were held guilty for the offences punishable under Section 489-B and 489-C IPC and were sentenced to undergo rigorous imprisonment for the period of 05 years and to pay fine of Rs. 5,000/- each and in default in making payment of fine, to undergo additional imprisonment of 03 months for the offence punishable under Section 489-B; to undergo rigorous imprisonment for the period of 05 years and to pay fine of Rs. 5,000/- each and in default of making payment of fine, to undergo additional imprisonment of 03 months for the offence punishable under Section 489-C IPC.
2. As per the prosecution story, S.H.O. Kankhal, Haridwar Naveen Chandra Semwal (PW1) along with ASI Surendra Singh Bisht, SI Bhawani Shankar Pant (PW2), Constable Ajay, Constable Anil and Constable Vinod left the Thana at about 11:30 p.m. on 01.10.2009 for patrolling/vehicle checking duty; at about 02:00 a.m. appellants were seen coming on foot; seeing the police party, appellants started behaving abnormally and started walking fast; appellants were apprehended near the barrier and were asked about their identities; appellants disclosed their respective names and addresses; search was conducted on the person of the appellants; on the search from appellant no.1, 48 currency notes of Rs. 500/- domain were recovered; from appellant no.2, 44 currency notes of Rs. 500/- domain were recovered and from appellant no.3, 44 currency notes of Rs. 500/- domain, 15 notes of Rs. 100/- domain, 05 notes of Rs. 50/- domain, 03 notes of Rs. 20/- domain and 19 notes of Rs. 10 domain were recovered; having seen carefully all the currency notes so recovered from the possession of the appellants, same were found to be fictitious and counterfeit; appellants started pleadings before the police and told the police that they were the poor persons and they were able to feed their respective families out of earned income; currency notes so recovered were kept under the seal and signatures of PW1 and thereafter FIR was lodged at Thana.
3. Investigation was handed over to SI Rajendra Singh Aswal (PW4). After investigation, charge-sheet was submitted against the appellants for the offences punishable under Sections 489-B and 489-C IPC. After committal of the trial, charges were framed against the appellants for the offences punishable under Sections 489-B and 489-C IPC. All the appellants denied the charges and claimed trial.
4. To prove the prosecution case, Naveen Chandra Semwal, S.H.O. Kankhal (PW1), Bhawani Shankar Pant (PW2), Manoj Bhandari (PW3) and Sub-Inspector Rajendra Singh Aswal (PW4) were examined thereafter statements of all the appellants were recorded under Section 313 of the Code of Criminal Procedure. Having perused the records learned Sessions Judge was pleased to pass the judgment and order impugned in the present appeal.
5. I have heard Mr. Bhuvanesh Joshi, learned counsel for the appellants and Mr. P.S. Danu, learned Brief Holder for the State and have carefully perused the record.
6. All the currency notes, so recovered form the appellants, were sent to Forensic Science Laboratory, Dehradun for examination. As per the report of Forensic Science Laboratory, Dehradun all currency notes of Rs. 500/- domain were found to be forged and counterfeit, however, others were found to be genuine.
7. Order-sheet dated 04.05.2010 and 26.05.2010 reveals that counsel for the appellants/accused was not present before the court, therefore, learned trial court permitted the appellants/accused to cross-examine prosecution witnesses in the absence of their advocate. Appellants are unskilled labourers and totally illiterate, therefore, could give only suggestion to the prosecution witnesses, during their cross-examination, to the effect that they were poor labourers and they were going to Uttarkashi for labour
