STATE OF BIHAR Vs. MITHILESH TIWARY

JUDGEMENT

(1.) The State of Bihar, has preferred this appeal, under section 378 (1) and (3) of the Code of Criminal Procedure, 1973, assailing the judgment and order, dated 06.10.2012, passed by the learned Additional Adhoc District and Sessions Judge-I, East Champaran, Motihari in Session Case No. 485 of 2010 arising out of Raxual (Haraiya) P.S. case No. 48 of 2010, whereby he has recorded acquittal of the sole respondent, who stood charged for the offences punishable under Sections 489A, 489B and 489C of the Indian Penal Code, giving him benefit of doubt.

(2.) The First Information Report was registered on the basis of written report of one Sujit Pal, Assistant Commandant, 13th Batalian of Seema Surakasha Bal (SSB), E-Coy, Pantoka, according to which, he received a confidential information to the effect that a person was coming from Nepal with fake currency notes, each of 1000/- denominations, totalling Rs. 1 lac and that he would be handing it over to a person at a place behind Dunkan Hospital, Raxaul. Acting on the said confidential information, the informant constituted a special team and reached near Dunkan Hospital to intercept the said person. On 31.03.2010, at 17.15 hours, a young man was found in suspicious condition and, seeing the team of SSB, he started fleeing away. He was chased and, upon search, 101 fake Indian currency notes each of 1000/- denominations were recovered from his pocket. On query, the person disclosed his name as Mithilesh Tiwari. He is said to have subsequently confessed his guilt, and the confessional statement was recorded by the informant. Thereafter, the informant forwarded the said accused to the local police Station along with fake Indian currency notes, the seizure list and the confessional statement. Based on the said report, the said Raxaul (Haraiya) P.S. Case No. 48 of 2010 was registered on 01.04.2010.

(3.) The police, upon completion of investigation, submitted charge-sheet, where after cognizance was taken. Subsequently, charges under Sections 489A, 489B and 489C of the Indian Penal Code were framed against the said accused, who is respondent in the present appeal. He pleaded innocence and accordingly trial against him commenced. From the judgment under appeal, it transpires that altogether 12 witnesses were examined out of which P.W.1 (Jagdish Mandal), P.W.2 (Ganesh Kumar) and P.W.3 (Niraj Kumar) did not support the prosecution case and accordingly, they were declared to be hostile to the prosecution.