STATE OF KERALA Vs. GEORGE

JUDGEMENT

(1.) State of Kerala challenge the acquittal order dated 31.03.2003 in S.C. No. 307/2002, on the file of Additional Sessions Judge (Adhoc-I) Ernakulam. The above case is charge sheeted by the Detective Inspector, CBCID (CFS), Ernakulam against the respondents herein alleging the offence punishable under Section 489A read with 34 IPC.

(2.) The prosecution case in short is as follows; the accused Nos. 1 to 5 along with two Tamilians who were brought by the 5th accused in furtherance of common intention to make unlawful gain and decided to print counterfeit currency notes of rupees 100/- and 50/- denominations. In pursuance of the said intention, the 2 nd accused gave seventy five Rs. 100/- notes and ninety Rs. 50/- notes to the Tamilians and printed counterfeit currency notes from the room adjacent to the cattle shed of the 3rd accused on 19.07.1990 and from the room adjacent to the bathroom of the house of 1st accused. On 22.07.1990, PW5, Circle Inspector of Police seized the printed counterfeit notes of rupees 50/- and 100/- denominations along with equipments used for printing from the pathayam situated on the ceiling room of the house No. VI/4 of Kalloorkkad Panchayath belonging to the 1st accused. Therefore, it is alleged that, the accused committed the offence under Section 489A read with 34 IPC . The case was detected by the Circle Inspector of Police Muvattupuzha on 22.07.1990. Thereafter, the investigation was handed over to CBCID (CFS), Ernakulam. The accused Nos. 1 to 4 faced trial in this case.

(3.) To substantiate the case, the prosecution examined PW1 to PW4. Exhibits P1 to P13 are the exhibits marked on the side of the prosecution. Exhibits D1 and D2 are the exhibits marked on the side of defense. MO1 to MO12 are the material objects. After going through the evidence and documents, the trial court found that the accused Nos. 1 to 4 are not guilty under Section 489A read with 34 of IPC . Therefore, the accused Nos. 1 to 4 were acquitted by the trial court. Aggrieved by the acquittal order, this criminal appeal is filed.