Telangana High Court
Pasupula Ganesh, Gopalpet Village And ... vs The State Of Telangana, Rep Pp., on 21 January, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
THE HONOURABLE SRI JUSTICE K.SURENDER
AND
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
CRIMINAL APPEAL No.625 OF 2017
JUDGMENT:(per Hon'ble Sri Justice K.Surender) This appeal is filed by appellant/accused No.1 aggrieved by the judgment, dated 07.03.2017, passed in S.C.No.178 of 2014 on the file of IX Additional District and Sessions Judge, Wanaparthy, convicting the appellant/accused No.1 for the offence punishable under Sections 489-A, 489-C and 489-D of Indian Penal Code (for short 'IPC').
2. Heard learned counsel for the appellant and learned Additional Public Prosecutor for respondent-State.
3. Briefly, the case of the prosecution is that PW4 is the Inspector of Police and PW1 is the Constable. On 21.08.2011, at about 10:30 a.m., PW4 received information about a person trying to sell fake currency notes at Polytechnic College ground, Wanaparthy. The said information was entered in general diary. PW4 informed MRO, Wanaparthy and requested to provide assistance of two independent mediators. PW4 along with PW1 went to 2 KS, J & NBK, J Crl.A.No.625 of 2017 the Polytechnic ground after picking up PW2 and LW5 who are the independent witnesses provided by the MRO. The appellant/accused No.1 was running away from the Polytechnic College ground. The appellant was chased and caught. In his possession, MOs.1 to 169 counterfeit currency notes were found. Along with the fake currency notes, the appellant was taken to the police station. In the presence of PW2 and PW3, confession was recorded. Pursuant to the confession, appellant took the officers to his house and one printing machine and other equipment which was allegedly used to print fake currency notes were found and seized. According to PW4, the appellant also demonstrated as to how he was making fake currency notes. Thereafter, the investigation was handed over to PW5. Basing on the confession of the appellant, accused Nos.2 to 4 were arrested. The involvement of accused Nos.2 to 4 was revealed by the appellant during the course of investigation and accordingly all the four accused were charge sheeted. While filing the charge sheet, the involvement of three others who are accused Nos.5 to 7 was also found by the police, however, they were not tried since they were absconding.
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4. Learned Sessions Judge framed charges under Sections 489-A, 489-B, 489-C and 489-D of IPC against the appellant and three other accused. All of them pleaded not guilty. Learned Sessions Judge on the basis of evidence of PWs.1 to 5 and MOs.1 to 370, convicted the appellant/accused No.1. However benefit of doubt was extended to accused Nos.2 to 4.
5. Having gone through the record, appellant was found in possession of fake currency notes. Thereafter, at his instance, police allegedly seized printing machinery which was used for preparing fake currency notes.
6. The offence regarding the counterfeit currency notes which were seized from the possession of the appellant was on account of the alleged confession that was made by the appellant during the course of investigation in the presence of PW3. According to the investigating officer, the appellant had demonstrated as to how he was preparing the fake currency notes. The said recovery and the manner in which fake currency notes were printed was shown by the appellant to the investigating officer and a video was recorded, however the said video was not produced during trial. The entire seizure is disputed by the appellant.
4 KS, J & NBK, J Crl.A.No.625 of 2017 PWs.1, 3 and 5 are police officials. PW2 and PW3 are independent mediators who were present during the search and seizure. Other than the evidence of police officials and mediators, there is no other evidence to show that it was the appellant/accused No.1 who was involved in printing fake currency notes. The owner of the premises from where the printing machine was seized, was not examined. No documents were filed to show that the premises from where the seizure was effected was in the exclusive possession of the appellant. No neighbours were examined.
7. According to prosecution case after the arrest of accused Nos.2 to 4, fake currency notes were also found in their possession. PW1 is the witness to the seizure of equipment, i.e., MOs.356 to 370 at the instance of appellant/accused No.1. It cannot be said conclusively that it was the appellant who was involved in printing fake currency notes, since it was not proved by the prosecution that the premises from where the machinery was seized was owned or rented by the appellant.
8. Admittedly the appellant was found running from polytechnic college ground, where he was apprehended. None of the witnesses were examined to state that any fake 5 KS, J & NBK, J Crl.A.No.625 of 2017 currency notes were passed on to them or the appellant had used fake currency notes.
9. Section 489A of IPC reads as under:
"489A. Counterfeiting currency-notes or bank- notes.--
Whoever counter-feits, or knowingly performs any part of the process of counterfeiting, any currency-note or bank-note, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation.-- For the purposes of this section and of sections 489B, 489C, 489D and 489E, the expression "bank-note" means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for money."
10. Section 489B of IPC reads as under:
"489B. Using as genuine, forged or counterfeit currency-notes or bank-notes.--
Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
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11. Section 489C of IPC reads as under:
"489C. Possession of forged or counterfeit currency-notes or bank-notes.--
Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both."
12. Section 489D of IPC reads as under:
"489D. Making or possessing instruments or materials for forging or counterfeiting currency- notes or bank-notes.--
Whoever makes, or performs, any part of the process of making, or buys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency-note or bank-note, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
13. For the reasons discussed above, the Sections 489-A, 489-B and 489-D of IPC are not attracted. However, the possession of fake currency notes is proved by the prosecution, in so far as the appellant is concerned.
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14. The conviction against the appellant/accused No.1 under Sections 489-A, 489-B and 489-D of IPC are hereby set aside. However, the conviction of the appellant for the offence under Section 489-C of IPC is sustained. As no other cases are pending against the appellant, the sentence of imprisonment under Section 489-C of IPC is reduced to 3½ years from 7 years. Since the appellant is on bail, the trial Court shall cause his appearance and send him to jail to serve out remaining part of the sentence.
15. Accordingly, Criminal Appeal is partly allowed.
_________________ K.SURENDER, J ____________________________ NAGESH BHEEMAPAKA, J Date: 21.01.2025 Kgk