Delhi District Court
State vs . Khalil Ahmad @ Khalil Mota on 20 December, 2010
IN THE COURT OF MS. NISHA SAXENA: ADDL. SESSIONS JUDGE
05(NE): KARKARDOOMA COURTS: DELHI.
SC No.104/10
Date of institution:06.12.2006
Date of transfer:06.3.2010
Date on which reserved for orders:20.12.2010
Date of delivery of order: 20.12.2010
State Vs. Khalil Ahmad @ Khalil Mota
S/o Sh. Hanif Ahmed
R/o Dabri Mohalla, Sangam Vihar,
Loni, Ghaziabad, UP.
FIR No.784/06
PS Welcome
U/s 489B/489C IPC
JUDGMENT:
1. On 07.10.2006 HC Pramod Kumar received a telephonic message from secret informer that a person who sold fake currency notes at Pulia Janta Colony, Jafrabad and doubled the amount of fake currency notes in exchange of genuine notes given, may be apprehended with fake currency notes which were transported from Pakistan, if a raid is conducted. This information was conveyed to SI Akshay Kumar who organized a raiding party at the direction of ACP consisting of HC Pramod Kumar, HC Sanjay Kumar, Ct. Parvej Alam, HC Naseem Khan, Ct. Ved Prakash, Ct. Sunil Kumar and Ct. Amit Tomar. They reached the informed place along with FIR No.784/06 PS Welcome 1/24 secret informer i.e Pulia Janta Colony, Welcome. HC Pramod Kumar was made a decoy customer and Ct. Parvez Alam was directed to be a shadow witness. Inspector Akshay Kumar gave 1000/ rupee note bearing no. 1AR140529 to HC Pramod Kumar bearing his signatures. After waiting for sometime secret informer informed them that the accused was coming. When accused came HC Pramod Kumar started talking with him and told him that he was sent by Bhura Bhai. HC Pramod Kumar gave him one note of Rs. 1000/ and thereafter the accused delivered one counterfeit note of Rs.1000/ and two notes of Rs. 500/ denomination to HC Pramod Kumar. HC Pramod Kumar gave a signal by raising his hand over his head and the accused was surrounded by the raiding party. HC Pramod Kumar handed over fake currency notes i.e one note of Rupee 1000/ and two notes of Rs. 500/ denomination to Inspector Akshay Kumar who kept the same in an envelope and fixed the seal of AK over it. From the search of the accused one genuine note of Rs. 1000/ was recovered from the inner pocket of his kurta. He was also carrying a blue color cloth bag which was checked and on checking it was found containing 29 fake currency notes in the denomination of Rs. 1000/ each and 38 fake currency notes of Rs. 500/ each. The said counterfeit currency notes were recovered from the accused and were seized. Accused was arrested. The next day accused led the police party to village Kairana, District Muzaffar Nagar and pointed out the house of Bhure. Fake currency notes seized from the accused were sent to FIR No.784/06 PS Welcome 2/24 Currency Press, Nasik. After completing the other formalities, the charge sheet u/s 489B/489C IPC was filed before the Court. Supplementary chargesheet was filed in respect of accused Shamim @ Bhure who was declared a proclaimed offender on 9.3.2007. He was later on apprehended and discharged vide order dated 27.3.2008.
2. On the accusations, charge u/s0 489(B)/489(C)IPC was framed against the accused to which he pleaded not guilty and claimed trial.
3. Prosecution has examined 10 witnesses in support of is case. ● PW1 is HC Pramod Kumar who went as a decoy customer to the accused to purchase the fake currency notes. All his belongings including purse were handed over to Ct. Surender by the IO and same were seized by the IO vide seizure memo Ex.PW1/A. He handed over the genuine note of Rs. 1000/ to the accused and the accused handed over two fake currency notes of Rs. 500/ denomination and one currency note of Rs. 1000/ denomination to him. Accused was also carrying a thaila containing 29 currency notes in the denomination of Rs. 1000/ each and 38 notes of Rs. 500/ each denomination which were seized vide seizure memo Ex. PW1/B. A separate seizure memo was also prepared of the thaila recovered from the accused, vide Ex PW1/C. Accused Khalil was arrested vide memo Ex. PW1/D. He was interrogated and his disclosure statement was recorded vide Ex. PW/E. On the next day the accused was produced before the Court and was taken on police remand. Police party along with accused went to Village FIR No.784/06 PS Welcome 3/24 Kairana, District Muzaffar Nagar where he pointed out house of accused Bhure and the pointing out memo to this effect is Ex. PW1/F. The currency note of Rs 1000/ denomination bearing signatures of IO SI Akshay Kumar which was used to effect the deal with the accused is proved as Ex. P1. The 30 currency notes in the denomination of Rs. 1000/ and 40 currency notes in the denomination of Rs. 500/ have been collectively proved as Ex. P2 and Ex. P3 and the blue colour thaila which the accused possessed is Ex. P
4. ● PW2 is HC Naseem Khan. On 29.11.2006 on the direction of ASI Devender Singh he collected three parcels duly marked A, C and D from malkhana Police Station Welcome to deposit the same at Currency Notes Press, Nasik Road, Maharashtra for examination and as long as the parcels remained with him it was not tempered.
● PW3 is Inspector Akshay Kumar. After apprehension of the accused and seizure of the currency notes, he prepared a ruqqa vide Ex. PW3/A and got the FIR registered. Further investigation was handed over to ASI Devender who prepared site plan Ex. PW3/B at his instance. He has also identified the envelop of khaki color mentioning serial no. mark A in which three fake currency notes were sent for comparison to Government Press Nasik which was also containing two transparent polythene mark C and D and is collectively proved as Ex. P5.
● PW4 is Dr. Joy Tirkey, the then ACP in Inter State Cell, Crime Branch, FIR No.784/06 PS Welcome 4/24 Chanakya Puri. SI Akshay Kumar had informed him regarding the secret information received and he directed SI Akshay Kumar to conduct a raid and apprehend the person.
● PW5 is HC Subodh Kumar who has proved the DDs no 9 and 10 recorded by SI Akshay Kumar on 07.10.06 vide Ex. PW5/A and Ex. PW5/B respectively. He also proved DD no. 2 dated 08.10.2006 in the handwriting of ASI Devender Kumar as Ex. PW5/C. ● PW6 is Ct. Parvez Alam who was a shadow witness to HC Pramod Kumar who was the decoy customer for the accused.
● PW7 is HC Trilok Chand who proved the FIR as Ex. PW7/A. ● PW8 is Inspector Jitender Singh. He was present in the office of ACP ISC, Chanakya Puri when SI Akshay Kumar conveyed the information regarding trafficking the Indian counterfeits currency notes. At about 2.00 AM on 08.10.2006 ASI Devender Singh produced accused Khalil Ahmed in front of him and conveyed the entire facts.
● PW9 is SI Devender Kumar. On 07.10.09 the investigation of the case was handed over to him after registration of the case. He proved the site plan prepared at the instance of SI Akshay Kumar. Accused was arrested after conducting his personal search vide memo Ex.PW9/A. He recorded his disclosure statement. On 15.10.06 HC Pramod Kumar returned seal of SI Akshay Kumar in his presence and he had prepared the handing over memo to this effect vide Ex.PW9/B. On 29.11.06 he sent the case property to Govt. FIR No.784/06 PS Welcome 5/24 Press Nasik for examination through HC Naseem Khan and the report of examination of the case property of Nasik Note Press is Ex. PW9/C. ● PW10 is ASI Bhanu Pratap who stated that on 07.04.07 he handed over the result of case property to HC Naseem Khan for handing over the same to IO vide entry PW10/A. Photocopy of RC no. 248/21/06 is Ex. PW10/B and the receipt regarding the receiving of the case property by Currency Note Press, Nasik is Ex.PW10/C.
4. Statement of accused was recorded u/s 313 Cr PC in which he denied the prosecution case and pleaded that nothing was recovered from him, he was not arrested by the police at the spot but was lifted from a bus when he was coming from his daughter's house at Kairana after handing over her ID gift.
5. In his defence accused has examined four witnesses. ● DW1 is Mehfooz who stated that on 10.7.06 he was sitting in a bus and the accused was sitting one seat ahead of him. The bus was going from Panipat to Meerut. Five or six police officials came in the bus and they made the accused deboard the bus. He also got down from the bus and inquired from the police officials. The police told him that the accused was being taken to verify the address of someone. After doing his work he went to the house of sister of accused at about 4.00 or 5.00 PM who was residing in Kasba Kairana, District Muzaffar Nagar, UP and told his sister that the accused had been taken by the police.
● DW2 is Shabana, daughter of the accused. She stated that in the month FIR No.784/06 PS Welcome 6/24 of Ramzan her father had come to her house along with some gifts. Thereafter at about 2.00 PM her father left her house. After sometime her aunt Asiyan (bua) had come to her house and informed her that her father had been taken by the police person from the bus.
● DW3 is Shehjad, son of the accused who stated that on 06.10.2006 at about 9.0010.00 AM six police officials came to his house and asked him about his father. He told that he had gone to town Kairana, District Muzaffar Nagar, UP to deliver Iddi to his daughter. Police apprehended him and took him to Public Inter College, Loni, Ghaziabad near bus adda. They put him in the gypsy parked there and he was taken to village Kairana where he saw his father accused Khalil boarding a bus. Two police officials held him in the gypsy while four police officials in uniform also got into the bus and compelled accused to deboard and brought him to gypsy. Thereafter they were brought to Delhi and they started accusing him and his father of dealing in fake currency notes. They freed him, the next morning on 07.10.2006 at about 9.00 am and stated that his father would be left after interrogation. They also took his signatures on certain papers. ● DW4 is Asiyan, sister of the accused. She stated that at about 44 ½ years back while she was waiting for a bus to Delhi at Kairana Bus Adda she witnessed that accused Khalil Ahmed was being forced by the police to get off the bus heading to Delhi. When she inquired from them it was told that they wanted to make certain inquiries from him and he would be set free FIR No.784/06 PS Welcome 7/24 after they made inquiries.
● I have heard Addl. PP for the State and defence Counsel Mr. M.I. Malik and gone through the entire record meticulously and scrupulously including the documents proved on record and testimony of the witnesses. ● The testimony of the prosecution witness PW1 H.C. Pramod Kumar is very significant, he has stated that on 7.10.2006, he was posted as Head Constable in Interstate Crime Branch, Chanakya Puri, Delhi. He received a telephonic message from secret informer that one person used to sell fake currency note at Pulia Janta Colony, Jafrabad. He doubled the amount of the fake currency notes in exchange of genuine notes given. The said information was given by him to SI Akshay Kumar who further gave information to Inspector Jitender Kundu ACP/ISC who ordered immediate raid to be conducted. The said information was recorded vide DD NO.9 dated 7.10.2006 by SI Akshay Kumar at about 4.30 P.M. SI Akshay Kumar formed a raiding party consisting of H.C. Sanjay Kumar, H.C. Naseem Khan, Const. Parvez Alam, Const. Ved Parkash, Const. Sunil Kumar and Const. Amit Tomar. The police through a government gypsy No.DL1CJ 3853 driven by H.C. Jai Singh and another gypsy No.DL1CF7129 driven by H.C. Bijender reached at Peeli Kothi, Jafrabad, Road No.66. The departure entry regarding both the vehicles and police officials was made vide DD No.10. SI Akshay Kumar briefed the raiding party. In the meantime, the informer met SI Akshay Kumar and he was asked about the FIR No.784/06 PS Welcome 8/24 secret information who confirmed the same. SI Akshay Kumar made him a decoy customer to purchase the fake currency notes from the said person. Const. Parvez Alam was asked to stand as a shadow witness. He was in civil clothes. All his belongings including purse were handed over to Const. Surender by the I.O. SI Akshay Kumar handed over to him one currency note of Rs.1000/ denomination bearing No.1AR140529 after putting his signatures on it. The handing over memo was prepared regarding the said currency note. Thereafter, he directed him to purchase fake currency notes from the said person in the denomination of Rs.500/ and Rs.1000/. Informer told him that he should say to the said person that this money was sent by Bhura Bhai and at around 7.15 P.M. a person with beard wearing kurta and tehmad was seen coming from the side of Janta Colony. The secret informer pointed out towards the said person and thereafter he left. He told to the said person that he was sent by Bhura Bhai and the person asked him as to how much fake currency was required. He told that at present he was having only Rs.1000/ and asked him to provide fake currency in the denomination of Rs.1000/ and Rs.500/. He handed over the genuine note of Rs.1000/ to the said person and in lieu of that he handed over two fake currency notes of Rs.500/ denomination and one currency note of Rs.1000/ denomination. He checked those notes and they appeared to be fake. He pointed out towards the raiding party by putting his hand on his head. On receipt of the said signal, the police party took custody of the FIR No.784/06 PS Welcome 9/24 said person. He handed over the said currency note to the IO who seized the same vide a sealed pullanda with the seal of AK and the envelop was given mark A. IO interrogated the said person who disclosed his name as Khalil Ahmad @ Khalil Mota. He was searched. He was found in possession of one note of Rs.1000/ inside the pocket of his baniyan which was handed over to him. Thereafter the thaila belonging to the accused was checked. The thaila was containing 29 currency notes in the denomination of Rs 1000/ each and 38 notes of Rs. 500/ denomination. All notes were fake currency notes. One pullanda was prepared in respect of recovered fake currency notes from the thaila and the same was seized. A separate seizure memo was prepared in respect of thaila which was recovered from the accused. SI Akshay Kumar prepared a ruqqa and sent Ct. Parvej Alam for registration of the FIR at police station Welcome. ASI Devender reached at the spot from police station Welcome. SI Akshay Kumar handed over further investigation to ASI Devender who prepared site plan at the instance of SI Akshay Kumar and arrested the accused. Accused was interrogated and his disclosure statement was also recorded. Thereafter the police party along with the accused came to the police station Welcome and deposited the case property. Accused was taken to the office of ISC, Chanakya Puri, New Delhi. On the next day accused was produced in the Court and was taken on police remand and police party along with the accused went to Village Kairana, District Muzaffar Nagar where the accused pointed out house of FIR No.784/06 PS Welcome 10/24 accused Bhure. One Khaki envelop sealed with the seal of AK having serial mark B containing a currency note of Rs. 1000/ denomination bearing signature of IO SI Akshay Kumar was identified by the witness as Ex. P1. The said currency note is genuine and was used to the effect the deal with the accused. Another sealed parcel with the seal of CNP, Nasik (Government Press) containing 30 currency notes in the denomination of Rs. 1000/ and 40 currency notes in the denomination of Rs. 500/ (fake currencies) were identified by the witness as having recovered from the accused. The fake currency notes of Rs. 1000/ are collectively Ex.P2 and Rs.500/ are collectively Ex. P3. The said currency notes included the currency notes which were given by the accused in exchange of genuine note. Another sealed parcel sealed with the seal of AK containing a blue coloured thaila which the accused was carrying, was identified by the witness as Ex. P4.
6. This witness has been corroborated by PW3 Inspector Akshay Kumar who stated that on the basis of receipt of secret information by HC Pramod regarding a person by the name of Khalil who used to deal in the fake currency from Pakistan, a raiding party was formed. HC Pramod Kumar was deputed as a decoy customer and Ct. Parvez Alam was deputed as a shadow witness. He handed over a currency note of Rs. 1000/ to HC Pramod to strike a deal with the accused. HC Pramod had a talk with the accused and thereafter he gave a signal to the police party. The accused was apprehended. HC Pramod handed over to him a currency note of Rs.1000/ and two FIR No.784/06 PS Welcome 11/24 currency notes of Rs. 500/. The currency note of Rs.1000/ as well as Rs. 500/ were fake. Accused was carrying a blue color bag which was checked and it was found containing 29 fake currency notes in the denomination of Rs. 1000/ each and 38 fake currency notes of denomination of Rs. 500/ each. He seized the currency notes and the bag which was containing fake currency notes. He prepared a ruqqa and got the FIR registered and further investigation was handed over to ASI Devender.
7. PW9 is SI Devender Kumar who stated that on 7.10.2006, the investigation of the case was marked to him after registration of the case. He prepared a site plan at the instance of SI Akshay Kumar. He arrested accused Khalil Ahmad, after conducting the personal search. He recorded his disclosure statement. On 08.10.06, accused was produced in the court and was sought on police remand. Accused took him and his team members to the house of one Bhurra @ Shamim in Kasba Kairana, District Muzaffar Nagar and pointed out the aforesaid place and stated that he had taken the fake currency notes from accused Bhura. He also proved the report of Nasik Note Press as Ex.PW9/C which has not been disputed by the defence.
8. As per the report of General Manager, Currency Note Press, Nasik, the 70 suspected notes which were referred for examination were counterfeit notes.
Paper : Not Genuine
Main Watermark : Imitated Security Thread: Imitated
FIR No.784/06 PS Welcome 12/24
Paper Thickness : Thicker
Printing Colours : Ink Shades are not matching
Colour Registration : Not correct
Numbering: : Not as per genuine note
It is also stated that:
ON FRONT: The intaglio effect for words "GUARANTEE BY THE CENTRAL GOVERNMENT" and figure "500" & "1000" is absent. The body printing and tint printing lacks sharpness. The words "MAHATMA GANDHI"
are unsharp. The rosette design in the centre of the notes lacks sharpness and is broken. The R.B.I. seal lacks sharpness and fine details of Ashoka Pillar are missing. Intaglio printing is absent. "OVI" effect for figure "500" & "1000" is not distinct.
ON BACKS: Floral design lacks sharpness and printing ink colours do not match with the genuine note. Intaglio printing is absent
9. Another witness PW6 Const. Parvez Alam who was a shadow witness has also supported the prosecution case. He has reiterated what has been stated by the other witnesses. He stated that H.C. Pramod Kumar was made as a decoy customer and he was directed to be a shadow witness. H.C. Pramod Kumar was given a 1000/ rupee note bearing signatures of SI Akshay Kumar having number 1AR140529. He was instructed to help H.C. Pramod Kumar in case of emergency. Thereafter he along with informer and HC Pramod Kumar reached Welcome Pulia and started waiting there. At about 7.15 pm one old aged person was noticed coming towards the pulia. He was wearing Kurta and tehmad. He was having blue color cloth bag in FIR No.784/06 PS Welcome 13/24 his right hand. The informer pointed out towards that person and left the spot. H.C. Pramod Kumar started talking with him and told him that he was sent by Bhura Bhai. That person asked how much money was required. H.C. Pramod Kumar gave one note of Rs.1000/ to that person and thereafter that person delivered one note of Rs.1000/ and two notes of Rs. 500/. H.C. Pramod perused the notes and gave appointed signal by raising his hand over his head. Thereafter the members of the raiding surrounded the accused whose name was revealed as Khalil @ Mota. H.C. Pramod Kumar handed over the notes which were given to him by the accused. Search of accused was conducted and one genuine note of Rs.1000/ which was signed by SI Akshay Kumar and Ct. Surender was recovered from the inner front pocket of kurta worn by accused. On search of cloth bag which was in the hand of accused, 29 notes of Rs.1000/ denomination and 38 notes of Rs. 500/ denomination were found in the cloth bag. All the notes were fake currency notes.
10. From the testimony of the aforesaid prosecution witnesses it is proved that the accused Khalil Ahmed @ Khalil Mota sold fake currency notes knowing the same to be forged or counterfeit. He was also found in possession of 29 fake currency notes in the denomination of Rs.1000/ and 38 notes in the denomination of Rs.500/ knowing the currency notes to be forged and intending to use the same as genuine.
11. Ld. Defence Counsel has pointed out to the inconsistencies / FIR No.784/06 PS Welcome 14/24 discrepancies in the statements of the prosecution witnesses. PW3 Inspector Akshay Kumar stated that at about 6.15 P.M. a person having beard and wearing kurta and payjama came at Pulia while PW1 H.C. Pramod Kumar stated that at 7.15 P.M. a person with beard wearing kurta and tehmad was seen coming from the side of Janta Colony. PW3 also stated that he prepared ruqqa and handed over the same to H.C. Pramod Kumar for registration of FIR at police station Welcome though PW1 H.C. Pramod Kumar has categorically stated that SI Akshay Kumar prepared ruqqa and deputed Const. Parvez Alam for registration of FIR at police station welcome. PW6 Const. Parvez Alam has also stated that ruqqa was prepared and was given to him around 9.45 P.M. with the direction to get the case registered. PW3 has also stated that he did not recollect if he had mentioned in his statement u/s 161 Cr.P.C. that H.C. Pramod was sent with the ruqqa. He was confronted with the statement u/s 161 Cr.P.C. where Const. Parvez Alam was deputed with ruqqa. Therefore, there is discrepancy in the statement of PW3 Inspector Akshay Kumar wherein he stated that FIR was got registered through H.C. Pramod Kumar. PW6 Const. Parvez Alam stated that there were total 9 officials in the raiding party excluding drivers of the vehicles and all the officials were in civil dress. Though PW3 Inspector Akshay Kumar stated that the raiding party members were 1012 in number.
12. Further, PW4 Dr. Joy Tirkey, the then ACP Inter State Cell, Crime FIR No.784/06 PS Welcome 15/24 Branch, Chanakya Puri, has stated that at about 4.30 P.M. while he was in his office with Inspector Jitender Kundu, SI Akshay Kumar came there and informed him about the information received by H.C. Pramod about a person dealing in fake Indian currency. He directed SI Akshay Kumar to conduct a raid. On the same day in the evening ASI Devender produced this person identified as one Khalil Ahmad. In his cross examination, he stated that the accused was produced before him around 9 or 9.30 P.M. PW6 Const. Parvez Alam stated that he reached the spot around 10.45 P.M. after getting the FIR registered and remained at the spot for one hour. While Inspector Jitender Kundu PW8 stated that at about 2 A.M. on 8.10.2006, ASI Devender produced accused Khalil Ahmed in front of him and conveyed the entire facts. ASI Devender stated that he remained at the spot for about 1 ½ hour after reaching there and reached police station Welcome at about 12 mid night. He left police station Welcome at about 12.15 P.M. and they reached Crime Branch Office at about 1.00 A.M. However, the above discrepancies are minor in nature. The evidence of the witnesses read as a whole undoubtedly have a ring of truth. Minor discrepancies on trivial matters not touching the core of the case or not going to the root of the matter, do not permit rejection of the evidence as a whole. Minor omissions in the statements of the witnesses are never considered to be fatal. The prosecution evidence may suffer from inconsistencies here and discrepancies there, but that is a shortcoming from which no criminal case is free. The FIR No.784/06 PS Welcome 16/24 main thing to be seen is whether those inconsistencies go to the root of the matter or pertain to insignificant aspects thereof. In the deposition of the witnesses there are always normal discrepancies, however, honest and truthful they may be. These discrepancies are due to normal errors of observations and normal errors of memory due to lapse of time. Therefore, an undue importance is not to be attached to omissions, contradictions and discrepancies as long as they do not go to the heart of the matter and shake the basic version of the prosecution case.
13. In the defence four witnesses have been examined who have stated that the accused was lifted while he was in a bus heading to Meerut from Panipat. However, no complaint was made to any police authority or court. DW3 Shehjad stated that on 06.10.2006 at about 9.00/10.00 A.M., six police officials came to their house and asked him about his father. He told them that he had gone to town Kairana, District Muzaffar Nagar, UP to deliver Iddi to his daughter. Police officials apprehended him and took him to Public Inter College, Loni, Ghaziabad near bus adda. They put him in the gypsy and took him to town Kairana where he saw his father accused Khalil Ahmed boarding a bus. He shouted 'Abbaji'. Police confirmed from him if he was his father. Two police officials in civil dress held him in the gypsy while four police officials in uniform also got into the bus and compelled him to deboard and from there they were brought to Delhi by Crime Branch Special Staff to their office at Chanakya Puri. They started accusing him and his FIR No.784/06 PS Welcome 17/24 father of dealing in fake currency. They freed him in the next morning and told him that they wanted to interrogate his father and after doing the interrogation they would leave him. They took his signatures on certain written papers including the arrest memo and asked him not to disclose this to anyone. In his cross examination, he stated that he did not make any complaint to police authority or court for taking his signatures by police on some papers forcibly and for extending threats to him. He also stated that he did not make any complaint to the Senior police officials or court regarding lifting of his father Khalil Ahmed, giving threats to him and taking his signatures on some papers by police even after his father was sent to J.C. in the present case. He stated that they had engaged a defence counsel. He did not make a request to his advocate to file a case against police officials regarding threats extended to him by the police. The cross examination of the witness demolishes the defence version that the accused was lifted from the bus and the statements of the defence witnesses do not inspire confidence.
14. It has also been contended by the defence counsel that no independent public witness was joined in though as per the prosecution the accused was apprehended on the basis of a secret information from a public place. Ld. Prosecutor has contended that merely because the public witnesses have not joined the investigation the police witnesses do not become doubtful if their testimony is otherwise convincing. I find force in the contention of the Ld. FIR No.784/06 PS Welcome 18/24 Addl. PP. I find weight in the plea that these days rarely any public person prefers to be a witness. It was observed by the Apex Court in a case titled as Krishna Mochi Vs State of Bihar iii (2002) SLT 250 that 'it is a matter of common experience that in recent times there has been a sharp decline of ethical values in public life even in developed countries much less a developing one, like ours, where the ratio of decline is higher. Even in ordinary cases, witnesses are not inclined to depose or their evidence is not found to be credible by the courts for manifold reasons'. It is stark reality that hardly any laity in our society prefers to be a witness in such incidents, what so ever may be the reason. Keeping in mind all these facts, I think it will not be just to let off an accused of such a grave offence on this score alone, ignoring all other evidence on record against him. It has been held by the Apex Court time and again that police officers like other state functionaries are expected to act impartially in the discharge of their functions. Same can be believed to be true in the same way as other witnesses. Shorn of citing a bevy of authorities, may I refer few cases on this point like State of Assam Vs Muhim Barkataki, AIR 1987 SC 98 wherein it was observed by the Lordships of the Superme Court that evidence of police officer cannot be underestimated merely because he is a police officer. The Apex Court in case Hazari Lal Vs State (Delhi Administration) AIR 1983 SC 873 had gone to the extent of saying that evidence of a police officer laying trap, if found reliable can be accepted FIR No.784/06 PS Welcome 19/24 without corroboration.
15. It is not the case of accused even that any of the said police officers had any enmity against him. No reason is explained as to why the accused has been falsely implicated by the police in this case. I find no ground to discard the testimony of the said police officers. No contradiction cropped up during cross examination of said witnesses.
16. The object of the Legislature in enacting these sections u/s 489B/489C is to stop circulation of forged notes by punishing all persons who, knowing or having reason to believe them to be forged, do any act that would lead to their circulation. The prosecution has been successful in proving that the currency notes in question were forged or counterfeit. The authenticity of the report of Currency Note Press, Nasik Road, Maharashtra, has not been challenged by the accused. It is also proved that the accused was selling or trafficking such currency notes and when he did so he knew and had reason to believe that the currency notes were forged and counterfeit. The accused has not given any explanation as to wherefrom he obtained the said forged currency notes. In Peer Mohammed 2004 Cri.L.J. 45 (Mad) and Ponnuswamy 1995 Cri.L.J. 2658 (SC) where an accused was found in the possession of forged currency notes and he gave no explanation as to wherefrom he obtained the said forged currency notes, his conviction and sentence under Section 489B and 420 IPC was upheld. In the instant case the bulk of the fake currency notes is sufficient to infer that the accused FIR No.784/06 PS Welcome 20/24 knew that the currency notes with him were fake or counterfeit. In Public Prosecutor vs Rowthula Kondal Rao, AIR 1939 Mad 96 where thirty eight counterfeit currency notes were found in the possession of the accused, it was held that the only reasonable presumption that could be drawn was that the accused was in possession of these notes with the intention of using them as genuine. The unimpeachable evidence led by prosecution clearly, indubitably and irresistibly leads to the inference that the accused had the intention to sell the notes. Such intention is proved by the circumstances that he was in possession of such and similar notes in large numbers and his possession for any other purpose is inexplicable.
17. In view of the evidence on record, I hold that the prosecution has been successful in proving that the accused was in possession of counterfeit currency notes and was selling the same knowing the same to be counterfeit. Accused is , accordingly, convicted for the offence punishable U/s 489B and 489C of IPC. Let he be heard on the point of sentence.
Announced in open court (Nisha Saxena)
Dated: 20.12.2010 Addl. Sessions Judge05(NE):
Karkardooma Courts, Delhi.
FIR No.784/06 PS Welcome 21/24
IN THE COURT OF MS. NISHA SAXENA: ADDL. SESSIONS JUDGE 05(NE): KARKARDOOMA COURTS: DELHI.
SC No.104/10
State Vs. Khalil Ahmad @ Khalil Mota
S/o Sh. Hanif Ahmed
R/o Dabri Mohalla, Sangam Vihar,
Loni, Ghaziabad, UP.
FIR No.784/06
PS Welcome
U/s 489B/489C IPC
ORDER :-
1. I have heard Ld. Addl P.P. for the State and Cl. Mr M.I. Malik on the point of sentence.
2. Ld. Counsel for the convict has contended that convict is an old man of 72 years of age and has not been keeping well, that he has been suffering from various ailments. It is further submitted that convict is the head of the family and has wife and two unmarried children to maintain. That he has no previous conviction for any offence and therefore, a request has been made for taking a lenient view. It is also stated that the convict has already undergone custody for a period of 22 months.
3. In Abdul Fakirsaheb Mamtule 2001 Cri LJ 3396, where the FIR No.784/06 PS Welcome 22/24 accused was found guilty u/s 489B/489C and 420 IPC, the sentence of seven years' rigorous imprisonment was reduced to three years' simple imprisonment. Keeping in view that 14 years had lapsed since the incident and convict was an old man of 70 years of age. Ld. Defence Counsel states that this case is fully applicable to the convict as the convict has also been suffered the ordeal of long trial since the year 2006 and has already been in custody for 22 months and is aged about 72 years.
4. In the facts and circumstances, I sentence the accused to undergo simple imprisonment for a period of 22 months and to pay a fine of Rs.50,000/ for the offence punishable u/s 489B of IPC, in default of payment of fine, convict will further undergo simple imprisonment for a period of 10 months.
5. As regards the offence u/s 489C of IPC, convict is sentenced to undergo simple Imprisonment for a period of 22 months and to pay fine of Rs.20,000/, in default of payment of fine, convict will further undergo simple imprisonment for a period of 6 months.
6. Both the sentences shall run concurrently. However, the fine shall be paid separately for each of the offence.
7. The period of detention already undergone by him during investigation, inquiry or trial may be set off against the sentence FIR No.784/06 PS Welcome 23/24 awarded in this case, in view of section 428 Cr.PC.
8. A copy of this order as well as of judgment be given to convict free of cost.
Announced in open court (Nisha Saxena)
Dated:20.12.2010 Addl. Sessions Judge05(NE):
Karkardooma Courts, Delhi.
FIR No.784/06 PS Welcome 24/24