NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 78 of 2010 State Of Chhattisgarh, thorugh : the Police Station Kunkuri, District Jashpur (C.G.) ... Appellant versus Digitally signed by 1 – Mohanram, S/o Ramcharan Nai, aged about 31 years, Occupation –

ALLENA ANJANI KUMAR Agriculture, R/o Bodhma, Police Station – Kunkuri, District Jashpur (C.G.)

Date:

2026.01.29

10:11:46 +0530 2 – Sanjeet Tirkey, S/o Fedrik Tirkey, aged about 31 years, occupation –

Agriculture, R/o Ranpur, Police Station and District Jashpur, (C.G.)

3 – Ibrahim Ansari, S/o Aashik Ansari, Aged about 31 years, Occupation –

Unemployed, R/o Bagbudi, Police Station – Kunkuri, District Jashpur, (C.G.)

4 – Rajesh Sahu, S/o Baldeo Sahu, aged about 42 years, Occupation – Agriculture, R/o Hatiya Station Road Gitilpuri, Police Station Jagarnathpur, District Ranchi.

5 – Mujahid, S/o Ajimuddin, Aged abiout 34 years, Occupation – Agriculture, R/o Puriyokesa, Police Station Bedo, District Ranchi, (Jharkhand)

... Respondents For Appellant : Shri Atanu Ghosh, Deputy Government Advocate.

For Respondents 1 & 2 : Shri Anand Kujur, Advocate.

For Respondents 3 to 5 : Shri Sanjeev Kumar Sahu, Advocate.

(HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL)

Judgment on Board

27/01/2026

1. This Acquittal Appeal filed by the appellant / State under Section 378(1)

of the Cr.P.C. arises out of the judgment dated 12.09.2003 passed by the 2^nd Additional Sessions Judge (F.T.C.) Jashpur in Sessions Trial No. 30/2003, whereby the learned trial trial Court acquitted the respondents herein of the charge under Sections 489-B and 489-C of the IPC by giving benefit of doubt.

2. As per prosecution story, on 23.09.2002, co-accused Manoj Minj came to the house of the complainant Prafulla and purchased a Cock after paying him Rs.100/-. Thereafter, the complainant went to the shop of Bazardand and bought the goods from there and gave the same note of Rs.100/- to the shopkeeper, who said it to be a fake note. Thereafter, upon information by the complainant Prafulla, F.I.R. was registered vide Ex.P.22, which was written by P.C. Rai, Incharge of the Police Station During investigation, Manoj Minj was enquired and in the course of enquiry, it emerged that he along with the other accused persons/respondents herein, namely, Mohanram, Sanjeet Tirkey, Ibrahim Ansari, Rajesh Sahu and Mujahid brought the counterfeit currency notes from Ranchi, Jharkhand and sold the fake notes amongst the public of Jharkhand to get the real notes. Investigation was done by P.C. Rai and one fake note was recovered from the complainant Prafulla vide Ex.P.6. After that, on searching the motorcycle of the co-accused Manoj Minj, 31 fake currency notes each of 100 rupees i.e. Rs.3,100/- were recovered from the trunk of his motorcycle, which were seized vide memo Ex.P.8. Later, on the basis of memorandum statements of the co-accused Manoj Minj and the accused persons/respondents herein, 128 fake currency notes of Rs.100/- each were seized from them. Those fake notes were examined by the Reserve Bank of India, Nagpur Brancyh and upon examination, the said Bank found that those notes are fake notes.

3. During investigation, statements of witnesses were recorded. After completion of investigation, charge sheet was filed against the accused persons/respondents under Sections 489-B and 489-C of IPC and the charges were read over before the respondents, who abjured their guilt and claimed trial.

4. In order to bring home the offence, the prosecution examined as many as 10 witnesses and exhibited 33 documents in support of its case. Statements of accused/respondents were recorded under Section 313 of Cr.P.C. In their defence, the respondents did not examine any witness, but exhibited two documents as Ex.D.1 and Ex.D.2.

5. After appreciation of evidence, oral as well as documentary, the learned trial Court convicted the co-accused Manoj Minj under Sections 489-B and 489-C of IPC, while acquitting the accused persons/respondents herein of the same charge by giving benefi