Punjab-Haryana High Court
At Chandigarh vs State Of Haryana on 13 September, 2013
Author: K.C.Puri
Bench: K.C.Puri
Verma Sunil
2013.10.22 11:56
Criminal Appeal No. S. 597 SB of 2001 1 I attest to the accuracy and integrity
of this document
Punjab and Haryana High Court
Chandigarh
IN THE HIGH COURT OF PUNJAB AND PUNJAB
AT CHANDIGARH
Criminal Appeal No. S. 597 SB of 2001
Date of decision 13.9.2013.
Subhash Chand
....... Appellant
versus
State of Haryana
...... Respondent
1. Whether Reporters of Local Newspapers may be allowed to
see the judgment? yes
2. To be referred to the Reporters or not? yes
3. Whether the judgment should be reported in the Digest? yes
CORAM :- HON'BLE MR.JUSTICE K.C.PURI.
Present :- Shri A.P.S.Mann, Advocate for the appellant.
Shri Amit Kaushik, Senior DAG, Haryana.
K.C.PURI, J.
Challenge in this appeal is the judgment dated 14.5.2001 and order dated 15.5.2001 passed by Shri Surinder Kumar, learned Additional Sessions Judge, Faridabad vide which the accused-appellant Subhash Chand has been convicted under Sections 489, 489-B and 420 of the IPC and sentenced him to undergo imprisonment and to pay a fine as under :-
Verma Sunil 2013.10.22 11:56 Criminal Appeal No. S. 597 SB of 2001 2 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh Under Section 489B, IPC RI for five years and payment of Rs.500/- as fine Under Section 489C, IPC RI for three years and payment of Rs.300/- as fine Under Section 420 IPC RI for three years and payment of Rs.300/- as fine.
2. In default of payment to further undergo RI for two months. However, all the sentences were ordered to run concurrently.
3. The law was set in motion by lodging the report by Jagdish, Cashier, Punjab National Bank, Sector 15, Faridabad on 2.9.1996, who has stated that accused presented currency notes of Rs.11,000/- for preparing a bank draft. On a close scrutiny it was revealed that ten notes of the denomination of 100/- each valuing Rs.1000/- were found to be fake. During the investigation the fake currency notes were sent to the concerned quarter for verification and those notes were found to be fake currency notes. After investigation challan against the accused was presented in the Court against the accused.
3. On appearance of the accused, copies of documents as relied upon by the prosecution were supplied to the accused free of costs. The Illaqua Magistrate vide order dated 24.3.1998 committed the case to the Court of Session for trial as offence alleged against the accused was triable by said learned Court. The trial Court framed charges under Sections 420, 489-B and 489-C of the IPC against the accused to which he pleaded not guilty and claimed trial.
4. The prosecution in order to prove guilt of the accused, examined PW-1 Jagdish Bhadana, Cashier, PW-2 Mukhtiar Singh Head Verma Sunil 2013.10.22 11:56 Criminal Appeal No. S. 597 SB of 2001 3 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh Constable PW-3 Rajinder Singh Constable, PW-4 Virender Kumar, Manager of the Bank, PW-5 Bharat Kumar Khair, PW-6 SI Juthar Singh, PW-7 Tota Ram SI and closed the prosecution evidence.
5. Accused was examined under Section 313 Cr.P.C. and he denied all the incriminating evidence appearing against him. He was called upon to lead defence evidence but he did not lead any evidence and closed the same.
6. The trial Court after hearing the learned counsel for the parties convicted accused-appellants vide judgment 14.05.2001 and sentenced him vide order dated 15.05.2001, as aforesaid.
7. Feeling dissatisfied with the aforesaid judgment dated 14.05.2001 and order dated 14.05.2001, the present appeal has been preferred by the appellants.
8. I have heard learned counsel for the parties and have gone through the records of the case with their able assistance.
The learned counsel for the appellant has submitted that prosecution has failed to prove the guilt of the accused beyond reasonable doubt.
It is submitted that star witness of the prosecution is Jagdish Bhadana Cashier (PW-1). However, this witness in the cross-examination has categorically stated that accused Subhash Chand was not the man who came to him. No slip for preparation of draft has been produced. So, in these circumstances the prosecution story is doubtful.
I have considered the said submissions.
Verma Sunil 2013.10.22 11:56 Criminal Appeal No. S. 597 SB of 2001 4 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh Jagdish Bhadana Cashier (PW-1) has categorically stated in the examination-in-chief that he identified the accused present in the Court. Non-production of any slip for preparation of draft does not disprove the fact that accused approached Jagdish Bhadana Cashier (PW-1).
The counsel for the appellant has further submitted that according to the case of the prosecution appellant presented currency note valuing Rs.11,000/- and out of which only 1000/- were found to be fake. It is submitted from the statement of Bharat Kumar Khair (PW-5) Chemist Grade-I in the bank is relevant. He has stated that currency notes which were examined by him were difficult to judge as fake by a layman. It is submitted that to prove the ingredient of offence under Sections 489-B, 489- C and 420 of the IPC, the prosecution is required to prove the fact that appellant has the knowledge that such currency notes are fake. It is submitted that none of the prosecution witnesses had stated that the accused/appellant had the knowledge of the fact that currency notes were fake and in spite of that he has produced the same to use them as genuine. It is submitted that even in the statement recorded under Section 313 of the Cr.P.C., no question has been put to the appellant that he had the knowledge that currency notes are fake and in spite of that he has produced the same for preparing a draft. To fortify his arguments learned counsels for the appellant has relied upon authority Umashanker vs. State of Chhattisgarh reported in AIR 2001 SC page 3074 and M. Mammutti vs. State of Karnataka reported in AIR 1979 SC 1705.
Verma Sunil 2013.10.22 11:56 Criminal Appeal No. S. 597 SB of 2001 5 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh I have considered the said submissions and find force in that submissions.
The Hon'ble Apex Court in authority Umashanker's case (supra) observed that without mens rea, the offence under Sections 489B and 489C cannot be said to have been made out. In authority M. Mammutti 's case (supra) also the Hon'ble Apex Court held that where no specific question is put to the accused to find out whether accused knew that notes are counterfeit and there is no such evidence led by the prosecution about the knowledge, in that case conviction under Sections 489B and 489C of the IPC cannot sustain. The facts of both the cases are similar to that of present case. The accused no doubt was found in possession of ten fake currency notes. No evidence has been produced that he was in the knowledge of the fact that currency notes are fake nor such question was put to him in his statement under Section 313 of the Cr.P.C. In the absence of evidence of mens rea, the accused/appellant cannot be convicted under Sections 489B, 489C and 420 of the IPC, moreso when according to Bharat Kumar, Chemist Grade-I (PW-5) it is very difficult to find out whether the currency notes are fake by a layman. It is not out of place to mention here that State counsel is fair enough to concede that no other case is stated to be pending against the appellant of similar nature.
Other facts which militate against the case of the prosecution is the statement of Virender Kumar, Manager, who has stated that accused remained there and was produced before the police on the same day. Of Verma Sunil 2013.10.22 11:56 Criminal Appeal No. S. 597 SB of 2001 6 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh course that statement is against the record as according to the investigating officer, the accused was arrested on 7.9.1998.
So, in view of the above discussion, the appeal is accepted. The judgment of the trial court stands set aside and the accused stands acquitted by giving him benefit of doubt.
A copy of this judgment be sent to the trial Court for strict compliance.
September 13, 2013 (K. C. PURI) sv JUDGE