MD MUKHTAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) 1. THE challenge in this appeal is to the judgment dated 26.3.2010 passed by the learned Additional District and Sessions Judge, Fast Track Court No.2, Bichar Bhawan, Calcutta in Sessions Trial No.3 (8)/2005 thereby convicting the appellant for committing offences under Section 489B/489C of the I.P.C. and sentencing him to suffer R.I. for 7 years and to pay fine of Rs.2,000/- for both the offences which would run concurrently.

(2.) ON 11.12.2003 at about 16.30 hours, while Satya Prakash Upadhyay, a police official attached to Amherst Street Police Station was performing round duty in the area, received an information at about 16.50 hours from the police station regarding a disturbance occurred at premises No.1, Buddha Ostagar Lane, Calcutta-9. He then and there rush to that place with Constable B. B. Chakraborty and found some people assembled there. At Premises No.1, Buddha Ostagar Lane, Calcutta, Mohan Paper House, under the proprietorship of Bijoy Mohan Das was being run. He informed that one person came to his shop to purchase 1 / 2 rim, i.e., 240 pcs of marble papers price of which was Rs.110/-. That man gave him two notes of 100 rupee, which he suspected to be fake. He detained the person inside the shop and informed the local people as well as the Police Station. The local people assembled there and they also found that 100 rupee notes given by him to Bijoy Mohan Das were countefeit. The Police Officer Mr. Upadhyay then entered into the shop and found the appellant Md. Mukhtar sitting inside the room with two 100 rupee notes in his left hand. Those two 100 rupee notes were bearing same serial No.4TA-988989. The man was thoroughly searched in presence of others by Mr. Upadhyay, recovered from his left side pocket of trouser, 9 pieces of 100 rupee denomination note bearing same serial No.4TA-988989. Those 11 number of fake currency notes were seized under a seizure list in presence of Binoy Mohan Das and other witnesses. Mr. Upadhyay also recorded statement of Binoy Mohan Das which he signed and on the basis of which the Amherst Street Police Station Case No.292 of 2003 dated 11.12.2003 was registered. Md. Mukhtar was taken to Police Station and on the basis of his statement, 23 pieces of fake notes of 100 rupee were recovered from the premises at 77, Noor Mahamad Munsi Lane, Howrah-1 bearing same serial number. On the basis of statement of Md. Mukhtar, Amherst Street Police official with the help of Howrah Police Official had been to the house of one Tapan Bose and recovered blank rubber stamp, 12 number of rubber stamp of different office, gram panchayet, bank and institute etc., two number of blank ration cards, 7 blank transfer certificate, two blank birth certificate, one surrender certificate of ration card and 10 number of forged court fees stamp of Rs.10/- etc. from his possession. The matter was investigated into and charge sheet was filed against the appellant Md. Mukhtar for committing offence under Section 489B/489C of I.P.C. and against Tapan Bose under Section 259/473/474 of I.P.C.

(3.) HE contended further that the statement of an accused can only be accepted and admitted into evidence under Section 27 of the Evidence Act when it leads to discovery of fact. In the instant case, the Ext.9, i.e., the statement of Md. Mukhtar cannot be accepted and admitted as evidence under Section 27 of the Evidence Act by segregating some portion of it. The last submission of Mr. Chakraborty was that mensrea being one of the main ingredients for the offences under Section 489B/489C of the I.P.C., simple recovery of fake currency notes and effort to use the same do not constitute any offence under Section 489B and 489C of the I.P.C.