HODA SK. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 20th/21st April, 2015 passed by the learned Additional Sessions Judge, 1st Court, Jangipur, Murshidabad in Sessions Serial No. 1461 of 2014 (77/2014) corresponding to Sessions Trial No. 05(June)/2014 convicting the appellant for commission of offence punishable under Sections 489B/489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for one year more for the offence punishable under Section 489B IPC and to suffer rigorous imprisonment for seven years and to pay fine of Rs.3,000/-, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Section 489C IPC; both the sentences to run concurrently.

(2.) The prosecution case as alleged against the appellant and co-accused namely, Monirul Islam (a juvenile in conflict with law) is to the effect that on 10th October, 2013 at about 10:35 hrs. Amit Bhakat, PSI of Police, de-facto complainant in the instant case attached to Samserganj Police Station received secret information from source that two persons were coming from Baisnavnagar area with fake Indian currency notes (in short 'FICN'). They would reach Dhulian ferry ghat for delivering the same as genuine. He diarised the information vide Samserganj Police Station G.D. Entry No.491 dated 10th October, 2013 and as per the direction of Officer-in-charge, Samserganj Police Station he proceeded to the spot with other police personnel after making a diary entry being Samserganj Police Station G.D. Entry No. 492 dated 10th October, 2013. The raiding party arrived at Dhulian ferry ghat around 10:50 hrs. and kept watch. At that time the source pointed out two persons who were moving suspiciously in the said ferry ghat. Seeing the police party the persons tried to flee away but they were apprehended. In presence of local witnesses, the aforesaid persons were searched and four bundles containing 100 numbers of FICN of Rs.1,000/- in each bundle, i.e. Rs.4,00,000/- in all, were recovered from a black plastic carry packet which was carried by the appellant in a red and black handbag in his right hand. Some genuine currency notes were also recovered from his possession. From the other co-accused namely, Monirul Islam, five bundles containing 100 numbers of Rs.500/- in each bundle and one bundle containing 97 numbers of Rs.500/- each, i.e. Rs.2,98,500/- in all, wrapped in a black plastic carry packet were recovered. The currency notes suspected to be fake were seized under a seizure list which was signed by witnesses and accused persons. The currency notes were kept in ten yellow envelopes marked as Exhibits A to J respectively. On the written complaint of Amit Bhakat (PW1), Samserganj Police Station Case No. 345 of 2013 dated 10.10.2013 under Sections 489B/489C IPC was registered for investigation. In the course of investigation, currency notes were sent for forensic examination at Bharatiya Reserve Bank Note Mudran Private Limited, Shalboni, West Midnapore. After receipt of the report from the Bharatiya Reserve Bank Note Mudran Private Limited stating that the notes were fake, charge-sheet was filed against the appellant. The case being a sessions triable one was committed to the Court of Sessions and transferred to the court of the learned Additional Sessions Judge, 1st Court, Jangipur, Murshidabad for trial and disposal. Charges were framed under Sections 489B/489C IPC against the appellant. The appellant pleaded not guilty and claimed to be tried. Case of co-accused namely, Monirul Islam (a juvenile in conflict with law) was referred to the Juvenile Justice Board for enquiry. In the course of trial, prosecution examined 9 witnesses and exhibited a number of documents. In conclusion of trial, the trial Judge by the impugned judgment and order dated 20th/21st April, 2015 convicted and sentenced the appellant, as aforesaid.

(3.) Mr. Goutam Wilson, learned advocate appearing for the appellant argued that the evidence of official witnesses have not been supported by the independent witnesses namely PW 6 and 7. They deposed that they had signed the currency notes as well as the seizure list at the police station. He also pointed out the discrepancies in the evidence of PW 1 with regard to number of FICNs seized from the accused persons He also submitted that the examination of the appellant under section 313 of the Cr.P.C. was not in accordance with law. He also submitted that there is no evidence on record to show that the appellant was trying to use the currency notes as genuine. Hence, ingredients of offence punishable under Section 489B of the Indian Penal Code is not disclosed in the instant case.