Calcutta High Court (Appellete Side)
‐ vs ‐ on 17 February, 2020
Author: Shivakant Prasad
Bench: Shivakant Prasad
IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:
The Hon'ble Justice Shivakant Prasad C.R.A. 362 of 2016 Md. Sahbuddin & Anr.
‐Vs.‐
The State of West Bengal
For the appellant : Mr. Sourav Chatterjee
Mr. Dipayan Kundu
Mr. Avinaba Patra
Mr. Priyom Biswas
Ms. Mili Saha
For the state : Mr. Ranabir Roychowdhury
Mr. Mainak Gupta
Heard on : 17.02.2020
Judgment on : 17.02.2020
Shivakant Prasad, J:-
The instant appeal is directed against the judgment and order of conviction and sentence dated 29th April, 2016, passed by the learned Additional District and Sessions Judge, 4th Court, Malda convicting the appellants for the offence punishable under Section 489C of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000/‐ each in default to suffer rigorous imprisonment for six months each.
The prosecution case leading to the instant appeal is that on 06.02.2015, at about 03.30 hrs Asstt Sub‐Inspector, Ram Niwas of 125 Bn BSF, 17 Mile, Baisnabnagar Malda received a secret information that some Indian Nationals carrying fake currency notes to Malda Railway Station from Bordering village Ghoshtola and as per instruction of their superior he along with troops of BSF reached at Malda Railway Station at about 07.00 hrs and after reaching at Malda Railway Station they contact with officers of RPF & GRPS Malda Railway Station and informed about movement of suspects and as per identification of source he along with BSF, RPF and GRPS troops surrounded and detained them who were found loitering on the Platform No.2 in Malda Railway Station and on performance of legal formalities, suspects were searched and after searching Rs.1,16,000/‐ of 116 pieces Fake Indian Currency notes of denomination of Rs.1000/‐ each was recovered from the possession of accused Md. Sahabuddin which was wrapped in one black colour poly bag in right pocket of his pant along with one Samsung (Duos) mobile handset black colour with one Aircel SIM Card and one Samsung (Duos) mobile handset blue colour with one Airtel SIM, one piece of genuine Indian Currency notes of Rs.500/‐ and one piece of genuine Indian Currency Notes of Rs.100/‐, one PAN Card bearing No.CKNPP6542B in the name of Parvej, one SBI Tiny Card in the name of Md.
Sahabuddin, one voter identity card in the name of Saidun Khatun W/o Md. Sahabuddin. He also recovered Rs.1,68,000/‐ of 336 pieces of Fake Indian Currency Notes denomination of Rs.500/‐ each from the possession of Md. Esrafil which was wrapped in one black colour polybag in his black colour small bag which was kept in right hand along with one Micromax mobile handset white colour Model with two Airtel SIM cards and genuine Indian Currency Notes five pieces of Rs.500/‐ and two pieces of Rs. 100/‐ and one voter Identity Card in the name of Md. Esrafil and one identity card issued by Panchayat Pradhan of Bihar Govt. in the name of Md. Esrafil. Then the complainant seized the said FICN and other articles in presence of independent witnesses on the spot and labeled the FICN. The suspected persons confessed that the seized notes are fake and they procured the same to traffic the FICN from Kabir Miya of Goshtola, PS‐Kaliachak, Dist‐ Malda in order to circulate the same in different parts of the country.
On the basis of a complaint lodged by the complainant, Malda (T) G.R.P.S. case was started under Section 489B/489C/120B of the Indian Penal Code and charge sheet was submitted against both the accused persons‐appellants under the said offence after completion of investigation. The learned Additional Sessions Judge proceeded with the trial after framing of charges under Section 489B/489C/120B of the Indian Penal Code to which the accused persons‐appellants had abjured the guilt and claimed to be tried.
The prosecution examined as many as nine witnesses to substantiate charges leveled against the accused persons‐appellants and after closure of the evidence the accused persons/appellants were examined under Section 313 of the Cr.P.C. to which both of them declined to adduce evidence and claimed that they have been falsely implicated. The learned Trial Judge after having heard both parties and considered the evidence of PWs 1, 2, 4, 5, 6, 7, 8 and 9 including the seizure list in respect of the seizure of 336 pieces of Fake Indian Currency Notes from the possession of the appellants and finding that those Fake Indian Currency Notes have been tested on examination by the scientific experts as Fake and counterfeit Currency Notes, held the appellants namely, Sahabuddin and Esrafil guilty of the charge punishable under Section 489C of the IPC for the possession of those Fake Indian Currency Notes from them, and after giving them an opportunity of being heard on the question of sentence as per provision of Section 235(2) of the Cr.P.C., the learned Judge sentenced each of them to suffer rigorous imprisonment for 7 years and to pay fine of Rs.5,000/‐ each with default clause.
The grounds taken in this appeal is that the learned Trial Judge has not considered the evidence on record and the scope and ambit of the proceeding not undertaken in proper and justifiable manner.
It is pointed out that out of 9 witnesses of the prosecution including some of the documents, 5 witnesses are interested witnesses including Border Security Force and Railway Protection Force who have not deposed anything in criminality against the appellants and remaining witnesses being the de facto complainant, seizure list witness and the Investigating Officer and so also Manager, Bharatiya Reserve Bank who have deposed, the learned Judge based the conviction on their version without seeking corroboration from any independent eye witnesses. It is also submitted that PWs 3 and 8 have stated details of the incident for the first time before the Court and they were never interrogated by the Investigating Officer.
Sanatan Biswas, PW 5 in his deposition attested that he has no personal knowledge about the preparation of seizure list in railway station, as notes were counted in his presence. He being the witness of seizure list stated that the police authority had interrogated him but he has failed to identify the notes which were seized on the date.
It is further submitted that the learned Judge has also failed to take into consideration the prosecution witnesses no.1 who, in his deposition, has stated that label on Fake Indian Currency Notes was not written by the de facto complainant and he put his signature over label on the seized Fake Indian Currency Notes and even de facto complainant has no knowledge about the number of seized notes.
It is further argued that the striking variation in the version of the PW 6, Krishna Gopal Dutta, in respect of the incident of the examination of the witnesses in connection with incident creats doubt about the veracity of the prosecution case as he has no knowledge about the incident. Again it is submitted that the learned Judge has failed to consider that the PW 4, Ram Ekbal Ram and PW7 S.I. Kamal Krishna Roy had no knowledge about the preparation of the seizure list.
Thus, it is submitted that the seized Fake Indian Currency Notes do not bear any identification mark. Currency Notes to assail the judgment impugned.
I have heard the learned advocate appearing for the appellants and the State and on perusal of the judgment impugned together with the evidence on record and the documentary evidence, particularly, the seizure list and the scientific report in respect of the Fake Indian Currency Notes, I find that the learned Judge has rightly held the appellants guilty of the offence punishable under Section 489C of the IPC for having possessed huge number of Fake Indian Currency Notes which were intended to be used as genuine. So, I do not find any ground sufficiently made to differ from the view taken by the Trial Court upon the judgment of conviction for the charge under Section 489C of the IPC against the accused person.
Mr. Chatterjee, learned advocate appearing for the appellants, has submitted that the appellants have already suffered sentence of 5 years for the charge under Section 489C of the IPC. I am of the view that the learned Judge has awarded maximum sentence of 7 years as provided in the provision of Section 489C of the IPC which enjoins that whoever is in possession of forged or counterfeit currency notes or bank notes which deals with possession of any forge 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.
It is submitted that the appellants are young boys and have future and on that ground it is submitted that the appellants have already undergone the term sentence and it could be sufficient to meet the ends of justice.
The sentence is the subject matter of discretion of the Trial Court. Since the huge quantity of Fake Indian Currency Notes were found in the possession of the accused‐ appellants, the learned Trial Judge in his discretion has sentenced each of them to maximum punishment of rigorous imprisonment of 7 years. However, considering the age group of the appellants, a term period of sentence for R.I. for 6 years instead of 7 years rigorous imprisonment would meet the ends of justice, in my opinion.
With the above modification, the Criminal Appeal being CRA 362 of 2016 is allowed in part.
A copy of this judgment together with LCR be sent down to the learned Trial court forthwith for necessary note in the Sessions Trial Register and for doing the needful. An extract of this judgment be also sent to the Superintendent, concerned Correctional Home for his information and for necessary action.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon completion of all necessary formalities.
(Shivakant Prasad, J.) K.S./s.biswas