Madras High Court
Sudharsan … vs State Represented By on 19 July, 2022
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
Crl.A.No.196 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.A.No.196 of 2020
Sudharsan … Appellant
Versus
State represented by
The Inspector of Police,
Baluchettychatram Police Station,
Kanchipuram District.
Cr.No.46 of 2015 ... Respondent
Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C., to set
aside the judgment passed against the appellant on 06.02.2020 in
S.C.No.62 of 2017 on the file of the learned Additional Sessions Judge,
(Fast Track Court) at Kanchipuram, Kanchipuram District, Kanchipuram
Division and acquit him all the charges.
For Appellant : Mr.R.Anbalagan
For Respondent : Mr.S.Vinoth Kumar
Government Advocate (Crl. Side)
JUDGMENT
The sole accused in Crime No.46 of 2015 of Baluchettychatram Police Station is the appellant in this case. P.W.5, namely Prema, lodged a complaint that on 28.01.2015 at about 20.30 hrs, when she was indulging in vegetable vending at the weekly market of Baluchettychatram, a person, https://www.mhc.tn.gov.in/judis 1/10 Crl.A.No.196 of 2020 who was having a few 100 rupee notes, tendered a 100 rupee note to her after buying vegetables for Rs.10/-. Upon seeing the said note in the light, she felt that it was shining and recollected that even a week ago, when she was indulging in cloth selling in Kaveripakkam weekly market, one person had given two 100 rupee notes and when she gave to the Bus Conductor, the Conductor told her that it was xerox note and immediately, she had torn both the said notes. Therefore, realising that it is the same person who is attempting to cheat her, she caught hold of the person with the help of another shop owner, namely Kumar and she straightaway handed over him to the respondent Police. On the strength of the said complaint, a case in Crime No.46 of 2015 under Sections 489A, 489B and 489C was registered and was taken up for investigation by P.W.8 and after completion of investigation, P.W.8 laid a Final Report proposing the accused guilty of the offences under Sections 498A, 498B, 498C and 498D.
2. The case was taken on file as P.R.C.No.10 of 2017 by the learned Judicial Magistrate No.II, Kancheepuram and after appearance of the accused and furnishing of copies as per Section 207 of the Code of Criminal Procedure, the learned Magistrate committed the case to the Principal Sessions Court, Chengalpattu, upon which, the case was taken on https://www.mhc.tn.gov.in/judis 2/10 Crl.A.No.196 of 2020 file as S.C.No.62 of 2017 and was committed to the Trial Court. Thereafter, upon considering the materials on record, the Trial Court framed charges under Sections 489A, 489B, 489C and 489D and upon being questioned about the charges, the accused denied the charges and stood trial. In order to bring home the charges, the prosecution examined P.Ws.1 to 8 and marked Exs.P-1 to P-18 and also produced M.Os.1 to 5. Upon being questioned about the material evidence on record and the incriminating circumstances as per Section 313 of the Code of Criminal Procedure, the accused denied the same as false. Thereafter, no evidence was let in on behalf of the defence and therefore, the Trial Court proceeded to hear the learned Public Prosecutor on behalf of the prosecution and the learned Counsel for the accused and upon appreciation of the evidence, by the judgment, dated 06.02.2020, the Trial Court found the accused guilty of all the four charges under Sections 489A, 489B, 489C and 489D and imposed ten years Rigorous Imprisonment and a fine of Rs.30,000/- and in default of payment of fine, to undergo one year Rigorous Imprisonment each for all the three charges under Sections 498A, 498B and 489D while imposing seven years Rigorous Imprisonment and a fine of Rs.10,000/- in respect of the charge under Section 489C. Aggrieved by the same, the present Appeal is filed before this Court.
https://www.mhc.tn.gov.in/judis 3/10 Crl.A.No.196 of 2020
3. Heard Mr.R.Anbalagan, learned Counsel for the appellant and Mr.S.Vinoth Kumar, learned Government Advocate (Crl. Side) for the respondent.
4. At the outset, as contended by the learned Counsel for the appellant, this case essentially rests on the seizure of the impugned note, namely M.O.1, which is supposed to be a xerox copy of 100 rupee note from the appellant/accused. The case of the prosecution is that P.W.5, Prema, who is a vendor in the weekly market, lodged a complaint and a reading of the complaint as well as the printed F.I.R, it would be clear as if a stranger had tried to sneak that 100 rupee note by purchasing vegetables for Rs.10/-. It is essential to extract the relevant portion of the complaint, which is as hereunder:-
“,d;W 28/01/15k; njjp ,ut[ Rkhu; 20/30 kzpf;F ghYbrl;o rj;jpuj;jpy; thu re;ijapy; fha;fwp tpahghuk; bra;j bfhz;oUe;jnghJ xU egu; 10 U:gha;f;F fha;fwp th';fpf;bfhz;L mtu;
itj;jpUe;j rpy EhW U:gha;
nehl;oypUe;J xU EhW U:gha; nehl;il vd;dplk; bfhLj;jhu;/ me;j nehl;il tpsf;F btspr;rj;jpy; ghu;j;j nghJ tHtHg;ghft[k; Vw;f;fdnt fhntupg;
ghf;fj;jpy; Vkhe;J bgw;w bgw;w https://www.mhc.tn.gov.in/judis 4/10 Crl.A.No.196 of 2020 b$uhf;!; 100 U:gha; nghynt ,Ue;jjhy; re;njfg;gl;L me;j egiu ghu;j;j nghJ Vw;f;fdnt xU khjj;jpw;F Kd;g[ fhntupg;ghf;fk; re;ijapy; ,uz;L b$uhf;!; EhW U:gha;
bfhLj;J Vkhw;wpa egu; vd;W
milahsk; bjupe;J bfhz;L vd;
gf;fj;jpy; fha;fwp fil nghl;l Fkhu; vd;gtu; cjtpa[ld; Xl epidj;jtiu gpoj;J tprhupj;njhk;/ mtu; jdJ bgau; Rju;rd; taJ 31. j-bg/ Fkhu;. 37-18B, nrJuhau; bjU. nlhy;nfl; rpd;d fh";g[uk; vd;W bjuptpj;jhu;/ nkw;go gpog;gl;l Rju;rd; vd;w egiua[k; vd;id Vkhw;wp bfhLj;j xU b$uhf;!; EhW U:gha; nehl;ila[k; j';fsplk; M$u;gLj;Jfpnwd;. vd;dplk; b$uhf;!; EhW U:gha; nehl;il bfhLj;j Vkhw;wp nkw;go egu; kPj eltof;if vLf;FkhW jhH;ika[ld; nfl;Lf; bfhs;fpnwd;/ ”
5. In this context, during the cross-examination of P.W.5, Prema, she has admitted as follows:-
“.... vjpupa[k; vd;id nghynt thure;ijapy; FHe;ijfs; tpisahl;L bghUl;fis tpw;gid bra;gtu; vd;W nghyPrhu; tprhuizapy; brhy;ytpy;iy vd;why; rupjhd;//// ” Therefore, the very basis of the case of the prosecution that the accused tried to sneak in a 100 rupee xerox note is shattered by the very evidence of P.W.5 itself.
6. To top it all, P.Ws.1 and 2, who were examined as important https://www.mhc.tn.gov.in/judis 5/10 Crl.A.No.196 of 2020 witnesses for the seizure of 100 rupee note from the appellant, had deposed as follows:-
Evidence of P.W.1:-
“ehd; jw;nghJ jpUg;g[f;FHp fhydp.
ghYbrl;o rj;jpuk; m";ry;.
fh";rpg[uj;jpy; FoapUf;fpnwd;/ ,e;j
tHf;F gw;wp vdf;F vJt[k; bjupahJ/
29/01/2015k; njjp mjpfhiy 12/30
kzpf;F ehDk; jpdfuDk;. ghYbrl;o
rj;jpuk; fhty; epiyak; tHpahf
tPl;ow;F bry;Yk; nghJ me;j ,lj;jpd;
tHpapy; fhty; Ma;thsu; v';fis
epWj;jp rhl;rp ifbaGj;J nghLk; go
brhd;dhu;/ ifbaGj;J nghl;nld;/
vd;dplk; fhl;lg;gLk; ghh;it kfrupy; cs;s ifbaGj;J vd;DilaJ jhd; mJ m/rh/M/1 MFk;/ vd;id nghyPrhu; tprhupj;jhu;/ vjpup jug;gpy; FWf;F tprhuiz?
vd;dplk; tpsf;fk; brhy;yp
ifbaGj;J nfl;ftpy;iy. vjw;fhf
vd;W vdf;F bjupahJ/ fhty;
epiyaj;jpy; vj;jid ifbaGj;J
nghl;nld; vd;why; "hgfk; ,y;iy/ me;j ifbaGj;J v';F nghl;ljhf "hgfk; cs;sjh vd;why; ,y;iy/” Evidence of P.W.2:-
“ehd; jw;nghJ nky;Xz;othf;fk;
fhydp. ghYbrl;o rj;jpuk; m";ry;.
fh";rpg[uj;jpy; FoapUf;fpnwd;/
28/01/2015k; njjp ,ut[ 12/30kzpf;F
ehDk; Fl;oa[k;. ghYbrl;o rj;jpuk;
fhty; epiyak; tHpahf gzp Koj;J
https://www.mhc.tn.gov.in/judis 6/10 Crl.A.No.196 of 2020 tUk; nghJ me;j ,lj;jpd; tHpapy;
fhty; Ma;thsu; xU ,lj;jpy; ,Ue;J
vGjp bfhz;oUe;jhu;/ me;j tHpahf
brd;w v';fsplk; fhty; Ma;thsu;
v';fis klf;fp v';F ngha; tUfpwPu;fs;
vd;W nfl;lhu;/ eh';fs; ntiy Koj;J tpl;L tUfpnwhk; vd;W bfhd;ndhk;/ mg;nghJ fhty; Ma;thsu; v';fsplk; kfrupy; ifbaGj;J nfl;lhu;. ehDk; Fl;o vd;w g[c&;gyp';fKk; ifbaGj;Jg; nghl;nlhk;/ vd;dplk; fhl;lg;gLk; ghh;it kfrupy; cs;s ,uz;lhtJ ifbaGj;J vd;DilaJ jhd;/ mJ m/rh/M/2 MFk;/ vd;id nghyPrhu; tprhupj;jhu;/ vjpup jug;gpy; FWf;F tprhuiz?
v';F ifbaGj;J nghl;nld;
vd;why; fhty; epiya gf;fj;jpy;
btspapy; ifbaGj;Jg; nghl;nld;/ Ch;
fhtyh;fs; vd;gjw;fhf vd;id ifbaGj;J nghl brhd;dhh;fsh vd;why;
ntiy Koj;J tpl;L tUk; nghJ
v';fis klf;fp ifbaGj;J nghl
brhd;dhh;fs; eh';fs; ifbaGj;J
nghl;nlhk;/”
7. The Investigating Officer also, in his cross-examination, answered as follows:-
“g[fhh; bfhLj;jtUk;. me;j
re;ijapy; g[fhh;jhuUk; fil nghl;L
,Ue;jhh; vd;W brhd;dhy; rhpjhd;/
M$h; vjphpa[k; ehd;F fil js;sp
bghk;ik fil nghl;L ,Ue;jhh; vd;W
brhd;dhy; "hgfk; ,y;iy/ g[fhh;jhuhplk;
5E}W U:gha; nehl;Lfs; itj;jpUe;jij bfhLj;J KG 500U:gha; nehl;L ntz;Lk; vd;W vjphpaplk; nfl;lhu; vd;W brhd;dhy; mijg; gw;wp bjhpahJ/” https://www.mhc.tn.gov.in/judis 7/10 Crl.A.No.196 of 2020
8. Therefore, when the very seizure itself is doubtful and when the evidence of P.W.1, the defacto complainant, goes totally contradictory to the prosecution's case and when the mahazar witness has not supported the case of the prosecution and they have not been treated as hostile and cross- examined by the learned Public Prosecutor, I am of the view that in this case, the prosecution has miserably failed to prove the seizure of the impugned note from the appellant herein. When there is doubt as to the seizure, all the four charges under Sections 489A, 489B, 489C and 489D fall automatically and as such the conviction of the Trial Court is unsustainable. Therefore, granting benefit of doubt, the appellant has to be acquitted.
9. Therefore, this Criminal Appeal is allowed. The conviction and sentence imposed on the appellant/accused by a judgment of the learned Additional Sessions Judge, (Fast Track Court), Kanchipuram, dated 06.02.2020 for the offences under Sections 489A, 489B, 489C and 489D, is set aside.
https://www.mhc.tn.gov.in/judis 8/10 Crl.A.No.196 of 2020 19.07.2022 Index : yes/no Speaking/Non-speaking order grs To
1. The Additional Sessions Judge, (Fast Track Court) at Kanchipuram, Kanchipuram District, Kanchipuram.
2. The Public Prosecutor, High Court of Madras.
3. The Inspector of Police, Baluchettychatram Police Station, Kanchipuram District.
https://www.mhc.tn.gov.in/judis 9/10 Crl.A.No.196 of 2020 D.BHARATHA CHAKRAVARTHY, J.
grs Crl.A.No.196 of 2020 19.07.2022 https://www.mhc.tn.gov.in/judis 10/10