STATE OF H P Vs. SURYA PARKASH

JUDGEMENT

(1.) Instant criminal appeal filed under Section 378 Cr.PC, is directed against the impugned judgment of acquittal dated 26.8.2016, passed by the learned Additional Sessions Judge (II), Una, District Una, H.P., whereby the respondent-accused came to be acquitted of the offence punishable under Sections 489-C of the IPC.

(2.) Brief facts, shorn of unnecessary details, as emerge from the record, are that an FIR Ext.PW-6/A dated 23.10.2009, came to be registered at Police Station, Sadar District Una, H.P., against the respondent accused for the alleged commission of offence punishable under Section 489-C of the IPC. As per story of prosecution, on 23.10.2009, Sub Inspector Rajinder Sharma (PW6) was on patrolling duty at a place called Peernigaha in District Una, where he found three persons including respondent-accused wandering in suspicious conditions. Since aforesaid persons were unable to answer the query of above named sub-Inspector, they were searched by the police. During search of the respondent accused, three currency notes of denomination of Rs. 100/- bearing Nos. 4AG661121, 4AG661122 and 4AG661122, six currency notes of denomination of Rs. 50/- bearing Nos. JEA124901, JEA124901, 9AS700129, 9AS700129, 5MM740663, 5MM740663 and three currency notes of the denomination of Rs. 10/- bearing Nos. 33V404394, 93A224081, 86D722367, were recovered from his pants. As per prosecution story, police after recovery of aforesaid currency, immediately sent a communication to the Deputy Manager, State Bank of Patiala, Una, with request to verify the currency notes as mentioned herein above, who in turn informed that currency notes of Rs. 100/- and Rs.50/- as mentioned herein above, are fake, whereas notes in denomination of Rs. 10/- are original/genuine. On the basis of aforesaid report, police registered an FIR Ext.PW6/A, on the complaint of Sub-Inspector (PW6), who later on himself investigated the matter. Subsequent to the recovery, police after completing the necessary codal formalities, sent the currency Ext.PX to SFSL Junga, who also reported that currency notes of denomination of Rs. 100/- and Rs. 50/- are not genuine, while currency denomination of Rs. 10/- are genuine.

(3.) After completion of the investigation, police presented challan in the competent Court of law i.e. learned Judicial Magistrate, Ist Class, Court No.II, Una, H.P., who after taking cognizance of the matter committed the case to the Court of learned Additional Sessions Judge-II Una District Una, H.P. for trial. Learned Additional Sessions Judge, on being satisfied that primafacie case exists against the respondent accused, framed charges against him for the commission of offence punishable under Section 489-C of the IPC, to which he pleaded not guilty and claimed trial. Prosecution with a view to prove its case, examined as many as six witnesses, whereas respondent accused, in his statement recorded under Section 313 Cr.PC., denied case of the prosecution and claimed himself to be innocent.