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2002 DIGILAW 1152 (PNJ)

Gulzar Singh v. State Of Punjab

2002-10-30

NIRMAL SINGH

body2002
Judgment Nirmal Singh, J. 1. This appeal is directed against the order of the learned Additional Sessions Judge, Gurdaspur whereby the appellant has been convicted and sentenced to undergo R.I. for 4 years and to pay a fine of Rs. 500/-, in default of payment of fine, to undergo further R.I. for 3 months under Section 489-C I.P.C. 2. The case of the prosecution is that S.I. Harmail Singh along with other police officials and Jarnail Singh son of Nazir Singh were present at the Bus Stand, Ghuman where Tirlochan Singh came to him and made a statement that the appellant had purchased two soda-water bottles from him and handed over him forged currency notes of the denomination of Rs. hundred. On this information, a case was registered against the appellant and he was arrested. 3. After the arrest of the appellant, the appellant was interrogated on 15.6.1985 in the presence of ASI Gian Singh and Kundan Singh, Ex-Sarpanch of Village Mari Panwan. During interrogation, he disclosed that he had kept four forged currency notes of denomination of Rs. 100/- and he can get the same recovered. His statement was reduced into writing vide Ex.PE. The appellant led the police party to the place of disclosure and got recovered the forged currency notes Exhibits P-7 to P-10. The same were taken into possession. 4. The currency notes which were recovered from the possession of the appellant were sent to the Government of India Bank Press, Devdass (Dewas ?) (M.P.) for examination. The same were found to be counterfeit/forged vide report Ex.P-4. 5. After the completion of the investigation, the appellant was challaned and was charge-sheeted under Sections 489-B and 489-C for which the appellant pleaded not guilty to the charge and claimed trial. 6. The prosecution in order to prove its case, examined Tirlochan Singh (PW- 1), ASI Jarnail Singh (PW-2), Harmail Singh (PW-3), and ASI Gian Singh (PW-4). 7. When the appellant was examined under Section 313 Cr.P.C. to explain the incriminating circumstances appearing in the prosecution evidence, the appellant took the following plea :- "I am innocent and have been falsely implicated in this case. One Sarbjit Singh alias Babli of village Harchowal was apprehended by the C.R.P.F. at the liquor vend Harchowal for passing on a forged currency note. He named me and the police came to the village to enquire about me. One Sarbjit Singh alias Babli of village Harchowal was apprehended by the C.R.P.F. at the liquor vend Harchowal for passing on a forged currency note. He named me and the police came to the village to enquire about me. Since I was not present in the house, the respectables promised to produce me in the police station on my return. When I appeared in the police station I was kept there for 2 days and later on Sarbjit Singh was let off and I was falsely involved in this case." 8. The appellant was called upon to lead evidence in his defence. In his defence he has examined Iqbal Singh (DW-1) and Baljit Singh as DW-2. 9. After hearing the P.P. for the State and the counsel for the accused and perusing the record, the learned Additional Sessions Judge convicted and sentenced the appellant as referred to in para 1 of the judgment. Aggrieved by the same, the present appeal has been preferred. 10. Mr. T.P.S. Mann, learned counsel for the appellant submitted that the learned trial Court has not appreciated the evidence on record in right perspective. He submitted that mere possession of a counterfeit or forged currency is no offence till it is proved by the prosecution that the accused has the knowledge that it is a counter-feit/forged currency. He contended that no evidence has been led by the prosecution that the appellant was aware that it is a counterfeit/forged currency which was in the possession of the appellant. 11. The contention raised by the learned counsel for the appellant is without any foundation. The appellant was apprehended when he purchased two soda- water bottles from Trilochan Singh. Trilochan Singh gave the information to the police that appellant has given forged currency. On this information appellant was apprehended and from his possession five forged currency notes Exhibits P-2 to P-6 were recovered. These notes were taken into possession vide recovery memo Ex.PC. The appellant was interrogated by SI Harmail Singh. On 15.6.1985 in the presence of ASI Gian Singh and Ex-Sarpanch Kundan Singh, he made a disclosure statement that he had kept concealed forged currency notes in an empty Dabba of a telcom (talcum ?) powder in his house and he could get the same recovered. The disclosure statement was recorded in the presence of an independent witness - Kundan Singh, Ex-Sarpanch. The disclosure statement was recorded in the presence of an independent witness - Kundan Singh, Ex-Sarpanch. In pursuance of that disclosure statement, the appellant got recovered the currency notes Exhibits P-7 to P-10. So, from this it has been established that appellant was in the knowledge that he is in possession of counterfeit currency notes Exhibits P-7 to P-10 and the appellant was using the said currency. 12. The next contention raised by the learned counsel for the appellant is that the case of the prosecution is based on the statement of the official witnesses which cannot be relied upon without any corroboration of an independent witness. He submitted that the independent witness has not supported the case of the prosecution. The submission raised by the learned counsel for the appellant is not tenable. Trilochan Singh was an independent witness in whose presence the forged currency notes Exhibits P-2 to P-6 were recovered from the possession of the appellant. He has not supported the case of the prosecution in toto but he has admitted that the recovery memos Exhibits PB and PC were signed by him. Learned trial Court has rightly observed as under :- "He admitted that the recovery memos Exhibits PB and PC were signed by him. Had the accused would not have been apprehended in his presence and forged currency notes Ex.P-1 produced by him and the forged notes Exhibits P-2 to P-6 recovered in his presence from the personal search of the accused, there was no occasion for Trilochan Singh to have appended his signatures on these seizure memos. Trilochan Singh though, in the examination-in-chief stated that he was not aware as to who had given him the forged currency notes Exhibits P-1, as many customers come to him, but in cross-examination, he readily admitted that the accused was not the person who gave him the forged currency note Ex.P-1. This only shows that Trilochan Singh is not a truthful witness and has been prevailed upon by the accused." 13. Furthermore, there is no law that the evidence of an official witness cannot be relied upon. When the case is based on the official witness, it puts the Court on its own guard to scrutinise the evidence with great care and precaution. 14. Learned counsel for the appellant has failed to point out any contradiction between the statement of the official witnesses. When the case is based on the official witness, it puts the Court on its own guard to scrutinise the evidence with great care and precaution. 14. Learned counsel for the appellant has failed to point out any contradiction between the statement of the official witnesses. The evidence of official witness is material on all the points regarding the date, time, place and the manner in which the recovery has been affected from the appellant. There is no enmity either alleged or proved between the Investigator and the appellant. When there is no enmity between the appellant and Harmail Singh, the Investigator, then there is no question of falsely implicating the appellant. So, it has been established that the currency notes have been recovered from the possession of the appellant and this counterfeit currency was in the knowledge of the appellant. Thus, the offence under Section 489-C I.P.C. is made out and the learned trial Court has rightly convicted and sentenced the appellant. However, taking into consideration the fact that only five currency notes have been recovered from the appellant and the appellant is facing trial since 15.6.1985 and thus from a period for more than 17 years, the appellant has suffered the agony of trial. There is no evidence on record to show that before and after the registration of the case, the appellant has indulged in any other criminal activity. So, taking into consideration all these facts and circumstances, the sentence of the appellant is reduced from 4 years to 2 years. However, the sentence of fine is maintained. With this modification in the sentence, the appeals fails and is dismissed. Appeal dismissed.