Bombay High Court
Padma W/O. Arun Thaware vs State Of Maharashtra Thr. P.S., P.S.O. ... on 1 February, 2019
Author: V.M. Deshpande
Bench: V. M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPEAL NO. 536 OF 2018
APPELLANT : Smt. Padma W/o Arun Thaware,
Aged about 42 years, Occu. Labour,
R/o Teka Naka, Pachpaoli, Nagpur.
VERSUS
RESPONDENT : State of Maharashtra,
Though the Police Station Officer,
Police Station, Pachpaoli,
Nagpur.
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Mrs. H. S. Dhande, Advocate appointed for the appellant.
Mr. A. M. Joshi, A. P. P. for the respondent/State
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CORAM : V. M. DESHPANDE, J.
DATE : FEBRUARY 01, 2019
ORAL JUDGMENT
1. The present appeal is directed against the judgment of conviction and order of sentence passed by the learned 2 nd Ad-hoc Additional Sessions Judge, Nagpur, dated 05.2.2018 in Sessions Trial No. 417 of 2017, whereby the Court below has convicted the appellant for the offences punishable under Sections 489-B and 489-C of the Indian Penal Code and directed to suffer rigorous imprisonment for Seven years for conviction under Section 498-B ::: Uploaded on - 08/02/2019 ::: Downloaded on - 15/03/2019 14:11:55 ::: 2 APEAL536.18.odt and rigorous imprisonment for Five years for conviction under Section 489C. The Court below directed that both the sentences shall run concurrently.
2. I have heard Smt. H.S. Dhande, the learned counsel appointed through the High Court Legal Services Sub-Committee, Nagpur for the appellant and Mr. A. M. Joshi, the learned Additional Public Prosecutor for the State.
3. Smt. Dhande, the learned counsel for the appellant submitted that the appellant is a poor uneducated lady. Therefore, she was unable to differentiate between genuine currency-notes and counterfeit-notes. It is also her submission that the husband of the appellant was not made accused as according to her, the counterfeit was taken from his pocket. She submitted that seizure panchanama is not proved and therefore, prayed for upsetting the judgment and order of conviction.
4. Per contra, Mr. Joshi, the learned Additional Public Prosecutor has supported the impugned judgment and prayed for dismissal of the appeal.
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5. Crime No. 630/2017 for the offences punishable under Sections 489-B and 489-C was registered with Police Station, Pachpaoli, Nagpur on the basis of oral report (Exh.10) lodged by Bhaurao Meshram (PW1). As per the evidence of PW6 Gajanan Karnewad, PSI, on 14.7.2017 he received telephonic information from Control Room that one woman was found with counterfeit- notes. He along with police staff went to Sushant Steel Center. Bhaurao Meshram (PW1) is the owner of Sushant Steel Center.
6. As per oral report (Exh.10) of Bhaurao Meshram, on 14.7.2017 when he was doing his business at his utensil shop, one unknown lady came to his shop, purchased some utensils worth Rs.300/- and gave a note of Rs.2,000/-. The report further recites that he got some suspicion about the said note. Therefore, he ascertained her identity. She disclosed her name as Padma Thaware, resident of Teka naka. He also made a telephone to police and informed them. Thereafter, the police came and made inquiries with the said lady. Her search was taken by a lady Police Constable and she was found to be in possession of three counterfeit-notes each of Rs.2,000/-.
7. After the registration of crime, the Investigating Officer ::: Uploaded on - 08/02/2019 ::: Downloaded on - 15/03/2019 14:11:55 ::: 4 APEAL536.18.odt Gajanan Karnewad (PW6) sent the counterfeit-notes to the Reserve Bank of India and Currency Note Press, Jail Road, Nashik along with the letters, which are at Exh.19 and 20. Further investigation was carried out by PW7 Purushottam Mohekar. He filed the charge- sheet.
8. PW1 Bhaurao Meshram states on oath from the witness box on the line of recitals in the first information report (oral report Exh.10). During the course of the trial, before the Court he identified the lady. Nothing could be brought on record during the course of his cross-examination of this witness to discredit his testimony.
9. PW2 is Farhaj Hada. He runs a mobile shop. His mobile shop is situated in front of Sushant Steel Center, owned by PW1 Bhaurao. His evidence would show that owner of Sushant Steel Center gave him a call and therefore, he reached to his shop and found that the currency-note tendered by the appellant as a valid tender for purchasing utensils was a counterfeit. Presence of this prosecution witness was fixed in the cross-examination of PW1 Bhaurao.
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10. PW3 is Manoj Thote, a panch witness. He has proved the panchanama (Exh.14), which shows that in his presence, lady P.C. Bharti made search and at that time three counterfeit-notes each of Rs.2,000/- were found in possession of the appellant. Lady PC Bharti is examined by the prosecution as PW5. Thus, evidence of PW3 Manoj is duly corroborated by PW5 Bharti. In that view of the matter, the submission of the learned counsel for the appellant that the seizure memo is not duly proved, is required to be rejected.
11. PW4 is Vitthal Thote. He is also the adjacent shop owner of PW1 Bhaurao. He supports and corroborates PW1 Bhaurao.
12. Exh.21 is the report on the examination of suspected forged Indian currency / Bank-notes. The authenticity of Exh.21 is never in dispute. Exh.21 clearly shows that the Assistant manager (Technical Operation) found that the seized notes which were sent to Currency Note Press, Nasik, were spurious one and were not genuine.
13. Sections 489-B and 498-C of the Indian Penal code reads as under :
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6 APEAL536.18.odt "489-B - 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."
"489-C - Making or possessing instruments or materials or 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 forgoing 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."
14. Evidence of PW1 Bhaurao Meshram shows that after purchasing utensils worth Rs.300/-, the appellant tendered a note of Rs.2,000/- towards the price of utensils. As such, the spurious note was used and therefore, in my view, the offence punishable under Section 489-B of the Indian Penal Code was completed. ::: Uploaded on - 08/02/2019 ::: Downloaded on - 15/03/2019 14:11:55 :::
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15. Insofar as offence under Section 489-C is concerned, not only that, the prosecution has proved the possession of spurious notes, but the intention on the part of the appellant to use the same as genuine one, is established on record. In view of this, merely because the appellant is an illiterate lady, cannot be a defence and cannot get herself out of the clutches of law.
16. On re-appreciation of the prosecution case, I am of the view that the learned Judge of the Court below has not committed any error in convicting the appellant. Hence, I pass the following order.
ORDER
1. The criminal appeal is dismissed.
2. The judgment of conviction and order of sentence passed by the learned 2nd Ad-hoc Additional Sessions Judge, Nagpur, dated 05.2.2018 in Sessions Trial No. 417 of 2017, convicting the appellant for the offences punishable under Sections 489-B and 489-C of the Indian Penal Code, is hereby maintained.
3. Smt. H. S. Dhande, the learned counsel who is appointed to represent the appellant, is entitled to receive her professional fees from the High Court Legal ::: Uploaded on - 08/02/2019 ::: Downloaded on - 15/03/2019 14:11:55 ::: 8 APEAL536.18.odt Services Sub-Committee, Nagpur, which is quantified at Rs.5,000/-.
V.M. Deshpande, J.
Diwale ::: Uploaded on - 08/02/2019 ::: Downloaded on - 15/03/2019 14:11:55 :::