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2014 DIGILAW 328 (TRI)

Abdul Sahid v. State of Tripura

2014-09-01

S.C.DAS

body2014
JUDGMENT S.C. Das, J. 1. This criminal appeal under Section 374 of Cr. P.C. is directed against the judgment and order of conviction and sentence dated 21.12.2010 passed by the learned Sessions Judge, North Tripura, Kailashahar in Sessions Trial Case No. S.T. 44(NT/K) of 2009, whereunder the learned Sessions Judge found the accused-appellants guilty of the charge framed against them under Section 489C of IPC and sentenced them to suffer R.I. for five years and to pay a fine of Rs. 5,000/- each, in default of payment of fine to suffer S.I. for six months. 2. Having felt aggrieved the convict-appellants preferred the present appeal. 3. Heard learned counsel, Mr. S. Datta, for the appellants and learned Additional Public Prosecutor, Mr. R. C. Debnath, for the State-respondent. 4. In a short compass, the prosecution case is that on 30.12.2007 at about 0345 hours P.W. 1, the informant, Sri. Bidhu Bhusan Das, Inspector of police, Officer-in-charge of Kailashahar Police Station received a secret information over telephone that a transaction of huge quantity of fake Indian currency notes will be held at Debasthal Tea Estate on that day i.e. 30.12.2007 in the early morning and the informer did not disclose his identity or further details. The information was entered in Kailashahar P.S. G.D. Entry No. 1403 dated 30.12.2007 and thereafter the O/C of the P.S., Inspector Sri. Bidhu Bhushan Das with Sub-Inspector Sri. Parendra Reang(P.W. 7), Provisional Sub-Inspector Sri. Samaresh Das (P.W. 3) along with other police staff and TSR personnel left for Debasthal Tea Estate and they laid ambush in some places of the Tea Estate area. In the morning at about 0845 hours they found three persons with a numberless motor bike arrived in the Tea Estate and stopped their motor bike. They could somehow sense the presence of police and immediately tried to flee away towards the jungle leaving the motor bike on the road. The police personnel chased behind them and detained them red handed. On being asked they disclosed their names as Md. Abdul Sahid, Md. Masuk Ali and Md. Kuddus Ali. On search of their person, police recovered 30 numbers of 500 denomination fake Indian currency notes from the pocket of accused Md. Abdul Sahid and similar 30 numbers of 500 denomination fake Indian currency notes from accused Kuddus Ali. From accused Md. On being asked they disclosed their names as Md. Abdul Sahid, Md. Masuk Ali and Md. Kuddus Ali. On search of their person, police recovered 30 numbers of 500 denomination fake Indian currency notes from the pocket of accused Md. Abdul Sahid and similar 30 numbers of 500 denomination fake Indian currency notes from accused Kuddus Ali. From accused Md. Masuk Ali 17 numbers of 500 denomination and 1 number of 1000 denomination of fake Indian currency notes were recovered. Police also recovered from them one mobile phone, one extra Sim card, one calculator and one pocket diary. In total 77 numbers of 500 denomination and 1 number of 1000 denomination of fake currency notes were recovered from the possession of the accused persons for which they could not give any satisfactory reply. On interrogation, they stated that they brought those fake notes to use in the market. Accordingly, police arrested the accused persons and seized the fake currency notes and other articles found in possession of the accused persons and took them to police station. 5. P.W. 1, Inspector, Sri. Bidhu Bhushan Das, O/C of the police station suo moto lodged the FIR and accordingly, Kailashahar P.S. Case No. 214/2007 under Section489(A)/489(B)/489(C) read with Section 34 of IPC was registered and S.I. Sri. Parendra Reang was entrusted with the charge of investigation. 6. Investigation was immediately taken up by CID of police and Inspector Sri. Babul Das(P.W. 8) of CID first investigated the case and thereafter Inspector of CID Sri. Shyama Prasad Das(P.W. 5) also investigated the case in part and again finally investigation was taken up by Inspector of CID Sri. Babul Das and he submitted the charge sheet against the accused persons for having possession of counterfeit currency notes. During investigation, those fake currency notes were sent to State Forensic Science Laboratory for examination and report. The report was received from the Director of State Forensic Science Laboratory and it was reported that all those 77 numbers of 500 denomination and 1 number of 1000 denomination were fake Indian currency notes. 7. In course of trial, the learned Sessions Judge framed charge against the accused persons under Section 489(C) of IPC to which they pleaded not guilty and claimed to be tried. 7. In course of trial, the learned Sessions Judge framed charge against the accused persons under Section 489(C) of IPC to which they pleaded not guilty and claimed to be tried. The charge so framed against the accused persons reads as follows- "CHARGE I, Shri A. Pal, Sessions Judge, North Tripura, Kailashahar, do hereby charge you, namely, 1. Md. Abdul Sahid, 2. Md. Masuk Ali, And 3. Md. Kuddus Ali, as follows:- That, on 30.12.2007 at about 0845 hours at Bhagaban Nagar-Muraibari road (Debasthal) under Kailashahar P.S. you Kuddus Ali had in your possession of Rs. 15,000/- only out of which 500/- denomination 30(thirty) Nos., you Abdul Sahid had in your possession of Rs. 15,000/- only (out of which 500/- denomination 30(thirty) Nos. and you Md. Masuk Ali had in your possession of Rs. 9,500/- (out of which 500/- denomination 17(seventeen) Nos. and 1000/- denomination 1(one) No. Indian forged/counterfeit notes knowing or having reason to believe the same to be forged or counterfeit and intending to use them as genuine and that you thereby committed an offence punishable under Section 489C of the Indian Penal Code and within my cognizance. And I hereby direct that you be tried on the said charge by this Court of Sessions." 8. The prosecution examined 9 witnesses to prove the charge and proved the seized fake currency notes, one mobile phone, one Sim card, one calculator and a pocket diary and also proved the FIR, seizure lists as well as the hand sketch map of the place of occurrence. After closure of the prosecution evidence, the accused persons were examined under Section 313 of Cr. P.C. and in their turn, they declined to adduce any defence evidence. The defence case is nothing, but a bare denial of the prosecution case. 9. Out of the prosecution witnesses, P.Ws. 1, 2, 3 and 7 are all police personnel, who took part in the raid and recovery of the alleged fake currency notes from the possession of the accused persons and out of them, P.W. 1 is the inspector of police and the O/C of the P.S., who lodged the FIR. P.Ws. 2 and 7 are the Sub-Inspectors of police and P.W. 3 is the Constable of Kailashahar P.S. P.Ws. P.Ws. 2 and 7 are the Sub-Inspectors of police and P.W. 3 is the Constable of Kailashahar P.S. P.Ws. 4 and 9 are the witnesses to the seizure and out of them, P.W. 4 was declared hostile by the prosecution and he was cross-examined by the prosecution referring to his previous statement. P.W. 6 is the Headmaster of Yajokhowra S.B. School, wherefrom the Admission Register in respect of accused Kuddus Ali was seized and he proved the seizure list. 10. Learned Sessions Judge considering the evidence on record found the accused appellants guilty of the charge framed against them and sentenced them as stated herein before. 11. P.Ws. 1, 2, 3 and 7 are all witnesses to the alleged recovery of fake currency notes and detention of the accused persons. They made categorical statement that on 30.12.2007 at about 0345 hours P.W. 1, the O/C of the Kailashahar P.S. received a secret information over telephone from an unknown person that huge quantity of fake Indian currency notes are going to be transacted in the early morning on that day at Debasthal Tea Estate and on that information, P.W. 1 along with P.Ws 2, 3 and 7 and other police staff and TSR personnel rushed to Debasthal Tea Estate and they laid ambush in different places of the Tea Estate to nab the miscreants. At about 0845 hours three young men with a numberless motor bike arrived there in the Tea Estate and they stopped the motor bike on the road. In the meantime, they could somehow sense the presence of police and were trying to run away towards the jungle, but the witnesses along with other police personnel chased behind them and caught them red handed. The witnesses categorically stated that on search 30 numbers of 500 denomination fake Indian currency notes were seized from each of the accused Md. Abdul Sahid and Md. Kuddus Ali and 17 numbers of 500 denomination and 1 number of 1000 denomination fake currency notes were seized from accused Md. Masuk Ali. The recovered currency notes at a first glance were found to be fake currency notes and on query by the police officers the accused persons stated that they brought those notes to sell in Indian market. Kuddus Ali and 17 numbers of 500 denomination and 1 number of 1000 denomination fake currency notes were seized from accused Md. Masuk Ali. The recovered currency notes at a first glance were found to be fake currency notes and on query by the police officers the accused persons stated that they brought those notes to sell in Indian market. Police seized the currency notes and also seized a mobile phone, one calculator, one extra Sim card and one pocket diary from the possession of the accused persons and also seized the motor bike by preparing seizure lists. The seizure lists and seized materials, except the motor bike, were produced before the Court and those were proved in trial. 12. Learned Sessions Judge in his judgment elaborately discussed the evidence of all the witnesses particularly the evidence of four eyewitnesses of the search and seizure and I find no justification at all to reproduce the oral evidence of those witnesses afresh. 13. P.Ws. 4 and 9 are the witnesses to the seizure. Though they admitted their signatures in the seizure lists, but did not materially support the prosecution case. Out of them, P.W. 4 was declared hostile, but P.W. 9 was not declared hostile. The case was investigated by the CID, i.e. P.Ws. 5 and 8 and in course of investigation the seized fake currency notes were sent to the State Forensic Science Laboratory for examination and report and accordingly, the State Forensic Science Laboratory(SFSL) examined those fake currency notes and the Director of the State Forensic Science Laboratory, Narshingarh sent the report, which has been placed on record. It has been reported that all those 78 numbers of currency notes were fake and not genuine. 14. Learned counsel, Mr. Datta, has submitted that seizure lists were prepared in connection with G.D. Entry No. 1403 dated 30.12.2007 of Kailashahar P.S., but no copy of that G.D. Entry was placed on record. Since no copy of G.D. Entry is placed on record, it raises a suspicion about the prosecution case as a whole. 14. Learned counsel, Mr. Datta, has submitted that seizure lists were prepared in connection with G.D. Entry No. 1403 dated 30.12.2007 of Kailashahar P.S., but no copy of that G.D. Entry was placed on record. Since no copy of G.D. Entry is placed on record, it raises a suspicion about the prosecution case as a whole. Learned Additional P.P., on the other hand, has submitted that P.W. 1, the O/C of the P.S., made a clear statement in the FIR as well as in his deposition that a secret information was received over telephone from one unknown person, which was entered in the G.D. Entry No. 1403 and after making that G.D. Entry, the police officer went out for Debasthal Tea Estate and detected the offence and, therefore, as a natural consequence, the seizure lists, since prepared at the spot were recorded mentioning the G.D. Entry number. 15. On perusal of the FIR, which is proved as Exbt.-P/1, I find that P.W. 1, the O/C of the P.S. made a clear statement that the secret information he received over telephone from one unknown person was entered in G.D. Entry No. 1403 dated 30.12.2007 and he along with other police staff and TSR went out for Debasthal Tea Estate. Copy of the G.D. Entry has not been produced during trial. No challenge was also advanced from the side of the defence for non-production of that G.D. Entry. In the given facts and circumstance of the case, I find nothing to draw an adverse inference against the prosecution for non-production of the copy of G.D. Entry since it was made simply based on a secret information from an unknown person about transaction of fake currency notes which likely to occur at Debasthal Tea Estate. I find no merit in the submission of learned defence counsel to raise any doubt about the prosecution case simply on the ground of non-production of a copy of G.D. Entry. 16. The next argument advanced by learned counsel, Mr. Datta is that the alleged fake currency notes were not packed and sealed on the spot. Except oral evidence that the seized currency notes were fake, there is no other legally admissible evidence to show that the notes alleged to have recovered from the possession of the accused persons were fake currency notes and so, the accused persons are entitled to get an order of acquittal. Except oral evidence that the seized currency notes were fake, there is no other legally admissible evidence to show that the notes alleged to have recovered from the possession of the accused persons were fake currency notes and so, the accused persons are entitled to get an order of acquittal. Learned Additional P.P., per contra, has submitted that the currency notes were seized on the spot and those were sent to the State Forensic Science Laboratory for examination and report and the report was collected and placed on record. The report shows that those were fake currency notes. The defence has no case except denial of prosecution case. No doubt can be raised regarding alleged seizure of fake currency notes from the possession of the accused persons. Further the police officers made clear statements that the seized currency notes appeared to be fake at a glance in naked eye. However, those were sent to the State Forensic Science Laboratory for examination and report and the report is placed on record, which shows that those 78 numbers of currency notes were fake. The report has not been formally exhibited, but since it is a scientific report submitted by the State Forensic Science Laboratory, it may be considered, though it was not formally marked as exhibit. 17. I have meticulously gone through the evidence on record. It appears that P.Ws 1, 2, 3 and 7 made categorical statement that 77 numbers of 500 denomination fake currency notes and 1 number of 1000 denomination fake currency notes were seized from the possession of the three accused persons. The statement made by those P.Ws has not been shaken in any manner. They are found to be cogent, consistent and confident in respect of the evidence adduced by them. The trial Court placed implicit reliance on their statement. On perusal of the oral evidence of those witnesses, I find that their statement has not been shaken in any manner and there is no ground to throw out the statement of those P.Ws 1, 2, 3 and 7 regarding recovery of the fake currency notes with other articles from the possession of the accused persons. Seizure lists have been proved by P.Ws 1 and 7. Those were prepared in presence of P.Ws 4 and 9. P.Ws 4 and 9 admitted their signatures in the seizure lists, but did not support the rest of the statement. Seizure lists have been proved by P.Ws 1 and 7. Those were prepared in presence of P.Ws 4 and 9. P.Ws 4 and 9 admitted their signatures in the seizure lists, but did not support the rest of the statement. I am, therefore, of the considered opinion that merely because those fake currency notes were not packed and sealed on the spot, the prosecution case cannot be doubted as a whole. Further, as I find, the police officers made categorical statement that those were fake currency notes and seized from the possession of the accused persons. 18. P.W. 7 made a clear statement that those notes appeared to be fake currency notes in the naked eye. This statement of P.W. 7 has not been denied or disputed. The currency notes were placed before the Court and those have been proved and marked as exhibits. No question raised by the defence that at a first sight those cannot be doubted as fake currency notes. The police officers working in the post of Inspector or Sub-Inspector of police are also expert in dealing with the criminal cases and they cannot be put at par with the ordinary people and on their first sight while they can affirm that those were fake currency notes which was subsequently affirmed by the State Forensic Science Laboratory, I find nothing to doubt the prosecution case on that score. 19. What was the conduct of the accused persons is also very relevant. The witnesses stated that they arrived at the Tea Estate with their numberless motor bike and somehow they could sense the presence of police and tried to flee away. The guilty mind of the accused persons might have prompted them to escape from the spot seeing the presence of police since they knew the fact that they were in possession of fake currency notes. 20. In addition to the above evidence of police personnel, I find that the seized fake currency notes were sent to the State Forensic Science Laboratory and the Director of the State Forensic Science Laboratory forwarded the report, which is placed on record. The report shows that all those 78 numbers of currency notes alleged to have seized from the possession of the accused persons were fake. That report has not been formally exhibited. The report shows that all those 78 numbers of currency notes alleged to have seized from the possession of the accused persons were fake. That report has not been formally exhibited. It was the duty of the prosecution as well as the Sessions Judge trying the case to formally mark it as an exhibit. The prosecution failed to discharge its duty. The Sessions Judge also acted like a silent spectator. It was the duty of the Sessions Judge also to see and to take into account all the material aspect of the evidence of a case before the Court. While the State Forensic Science Laboratory's report was already placed before the Court and it was in the record, it could have been formally marked as exhibit even by the trial Court suo moto. A trial Judge cannot be a mere spectator but should control a criminal trial by actively participating therein to find out the truth. For not formally marking it as exhibit, I find no legal impediment for the Court in looking into that piece of evidence, which is a report of Government Scientific Experts. Section 293 of Cr. P.C. empowers the Court to take into consideration such piece of evidence. Section 293 of Cr. P.C. reads as follows:- "293. Reports of certain Government scientific experts. - (1) Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code. (2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report. (3) Where any such expert is summoned by a Court and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf. (3) Where any such expert is summoned by a Court and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf. (4) This section applies to the following Government scientific experts, namely:- (a) any Chemical Examiner or Assistant Chemical Examiner to Government; (b) the Chief Controller of Explosives; (c) the Director of the Finger Print Bureau; (d) the Director, Haffkeine Institute, Bombay; (e) The Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science laboratory; (f) the Serologist to the Government. (g) any other Government scientific expert specified, by notification, by the Central Government for this purpose." 21. In view of the above provision, since it is a report communicated by the Director of State Forensic Science Laboratory in respect of fake currency notes, I find no impediment at all to take it into account and to arrive at a conclusion that it has been amply proved that those 78 numbers of currency notes seized from the possession of the accused-persons were fake currency notes. 22. Learned counsel, Mr. Datta has further submitted that P.Ws 4 and 9, who are witnesses to the alleged seizure of fake currency notes, have not supported the prosecution case. He has also submitted that the hand sketch map of the place of occurrence shows that one Smt. Parbati Bouri and Sri. Suklal Urang had their house near the place of occurrence. Though they were listed in the list of prosecution witnesses, but they have not been examined. So, an adverse inference can be drawn against the prosecution case. Learned Additional P.P. has submitted that though P.Ws 4 and 9 did not support the crux of the prosecution case, but they have admitted their signatures in the seizure lists and the presence of police on the spot. Their evidence will be in aid of the other items of prosecution evidence. Regarding non-examination of Smt. Parbati Bouri and Sri. Suklal Urang, learned Additional P.P. has submitted that their non-examination cannot have any effect on the prosecution case since the prosecution case is otherwise proved on the evidence of P.Ws 1, 2, 3 and 7. 23. Their evidence will be in aid of the other items of prosecution evidence. Regarding non-examination of Smt. Parbati Bouri and Sri. Suklal Urang, learned Additional P.P. has submitted that their non-examination cannot have any effect on the prosecution case since the prosecution case is otherwise proved on the evidence of P.Ws 1, 2, 3 and 7. 23. I have meticulously gone through the materials on record. P.W. 4 is a witness to the seizure and he simply stated that on 30.12.2007 he went to Debasthal Tea Estate and saw the police and public and police counting some currency notes. As per direction of the police he went to the P.S. and signed some papers and he identified his signature in the seizure list of the currency notes etc. and his signature was marked as Exbt.-2/1. He was declared hostile by the prosecution and in cross-examination he denied the suggestion made by learned P.P. that fake currency notes were seized in his presence. 24. P.W. 9 is another witness to the seizure list. He stated that he had a Tea Stall at Debasthal Tea Estate and on the date of occurrence at about 09-30 am he heard hue and cry in the tea garden area and he went out to that place and found police personnel and public. He also stated that he heard some counterfeit currency notes were caught red handed. He do not know from whose possession those currency notes were seized. On that day in the evening Darogababu came to his shop and told him about the seizure of counterfeit currency notes from one Abdul Sahid and two others and he signed the seizure list. He proved his signature in the seizure list. He was not declared hostile by the prosecution. 25. What we may fairly be discerned from the statement of P.Ws 4 and 9 are that police arrived at Debasthal tea garden on 30.12.2007 and some fake currency notes were seized from some persons. Seizure lists were prepared and they signed the seizure lists later on. 26. It is a settled law that a hostile witness cannot be relied solely to arrive at a conclusion of a fact. But the evidence of a hostile witness cannot be discarded as a whole. Seizure lists were prepared and they signed the seizure lists later on. 26. It is a settled law that a hostile witness cannot be relied solely to arrive at a conclusion of a fact. But the evidence of a hostile witness cannot be discarded as a whole. That part of the statement of the hostile witness, which is either supporting the prosecution case or the defence case, may be taken into account coupled with other evidence on record. The Court should not fully rely on the evidence of a hostile witness to arrive at a conclusion because primarily the witness, who is declared hostile, is to be presumed to have no regard for the truth. The evidence of a hostile witness, therefore, is not to be discarded as a whole simple because he is declared hostile. His evidence to that extent which is supporting the case of either side may be taken into consideration and I find that the evidence of P.W. 4 is simply supporting that part of the evidence of the prosecution that fake currency notes were seized from the possession of the accused persons. P.W. 9 also did not support the seizure list prepared in his presence, but he has also proved his signature in the seizure list and at least that much of fact is proved from their evidence that the police officers went to the Debasthal Tea Estate in the morning of 30.12.2007, detained three persons with fake currency notes, seized the fake currency notes and they signed in the seizure list later on. They cannot be relied as a whole, but that part of the statement of P.Ws 4 and 9, which is corroborated by the evidence of P.Ws 1, 2, 3 and 7 can be safely relied on and the trial Court has done the same and I find nothing wrong in doing so. 27. Smt. Parbati Bouri and Sri. Sukumar Urang are two listed witnesses of prosecution, but they have not been examined. For non-examination of a particular witness, there is no rule that adverse inference must be drawn against the prosecution. It is the defence to show that non-examination of a particular witness has created a great doubt about the authenticity of the prosecution case. There is nothing in the evidence on record to show that non-examination of Smt. Parbati Bouri and Sri. Sukumar Urang was fatal for the prosecution. It is the defence to show that non-examination of a particular witness has created a great doubt about the authenticity of the prosecution case. There is nothing in the evidence on record to show that non-examination of Smt. Parbati Bouri and Sri. Sukumar Urang was fatal for the prosecution. In the absence of any such evidence on record, I find nothing to draw an adverse inference simply on the ground of non-examination of those witnesses. 28. Learned counsel, Mr. Datta, next argued that P.Ws 1, 2, 3 and 7 are all police personnel and since they are not supported by any independent witness, the evidence of those police officers cannot be relied on for recording conviction. Learned Additional P.P. has submitted that there is no law that the evidence of a police officer is to be discarded only on the ground that they are police officers. 29. The Supreme Court in the case of Nathusingh V. The State of Madhya Pradesh, reported in AIR 1973 SC 2783 : (1974) 3 SCC 584 in the given facts and circumstances of the case has held that police officers can be relied where no hostility in the case has been shown. In the case of Ram Kumar V. State(NCT) of Delhi, reported in : AIR 1999 SC 2259 : (1999) 9 SCC 149 , the Supreme Court has observed that merely because of non-examination of any individual witness, evidence of police officers, who were found to be credible, cannot be discarded. 30. In the given facts of this case, the O/C of the P.S., P.W. 1, received secret information that a transaction of huge quantity of fake Indian currency notes is going to be held in the morning at Debasthal Tea Estate and on that information the police party arrived there and laid ambush in different places. At about 0845 am three accused persons arrived there with a numberless motor bike and they stopped the motor bike, kept it on the road and in the meantime they could sense the presence of police and tried to flee away from the spot. Police chased them and caught them red handed. On search, the fake currency notes, as stated herein before, were seized from their possession. The motor bike, one calculator, one mobile phone, one extra Sim card and one pocket diary were also seized from the possession of the accused persons. Police chased them and caught them red handed. On search, the fake currency notes, as stated herein before, were seized from their possession. The motor bike, one calculator, one mobile phone, one extra Sim card and one pocket diary were also seized from the possession of the accused persons. Lower Court record shows that the motor bike was subsequently by order of the Court given to the possession of the accused. The two independent witnesses, i.e. P.Ws. 4 and 9 supported the presence of police at Debasthal Tea Estate and recovery of the fake currency notes. I find no reason at all to disbelieve the cogent evidence of P.Ws 1, 2, 3 and 7 simply because they are police personnel. There is nothing in law that a police personnel cannot be a truthful witness. It is not proper to distrust a police officer without ground therefor. There is nothing on record nor even a suggestion that the police officers, who had detected the offence had any sort of hostility against the accused persons, rather it is evident that the accused persons were not known to the police officers before the alleged offence was detected. Simply because the police officers detected the offence based on secret information, their evidence cannot be discarded and I find no justified reason at all to discard their evidence only on that score. 31. Section 114 Illustration (e) of the Evidence Act clearly spells out that judicial and official act is to be presumed to have performed regularly. It is the duty of a police officer to detect an offence and to book the offenders to book as per law. Based on secret information the police officer proceeded to the spot and detected the offence and brought them to book for which they should not be suspected without reasonable ground. Since I find no infirmity in the evidences of the police officers, I cannot accept the submission of Mr. Datta to throw doubt on the prosecution case simply because of the material witnesses are police officers. 32. Learned counsel, Mr. Datta at the end has submitted that ingredients of Section 489C has not been proved. According to him, the accused persons cannot be punished simply for the possession of fake currency notes unless it is proved that they were transacting or using the same. 32. Learned counsel, Mr. Datta at the end has submitted that ingredients of Section 489C has not been proved. According to him, the accused persons cannot be punished simply for the possession of fake currency notes unless it is proved that they were transacting or using the same. Learned Additional P.P. has submitted that mere possession of fake currency notes with the knowledge that those were fake notes, which may be used as genuine is enough to record a conviction under Section 489(C) of IPC. 33. Section 489A to 489E deals with various economic offences in respect of forged or counterfeit currency notes or bank notes. The word "counterfeit" is defined in Section 28 of IPC. The object of legislature in creating these provisions is not only to protect the economy of the country but also to provide adequate protection to currency notes and bank notes. The currency notes are, in spite of growing accustomedness to the credit cards system, still the backbone of the commercial transactions by multitudes in our country. But these provisions are not meant to punish unwary possessors or users. 34. The Apex Court in the case of K Hasmi V. State of Tamil Nadu, reported in AIR 2005 SC 128 has held that the object of legislature in enacting this Section is to stop the circulation of forged notes by punishing all persons who knowing or having reasons to believe the same to be forged do any act which could lead to their circulation. 35. In the case of State of Kerala V. Mathai Verghese, reported in (1986) 4 SCC 746 : AIR 1987 SC 33 , the Apex Court while explaining the purpose of the above provision has held - "That manifest purpose of the provision is to protect people from being deceived or cheated by ensuring that a person accepting a currency note is given a genuine currency which can be exchanged for goods or services and not a worthless piece of paper which will bring him nothing in return, it being a counterfeit or a forged currency note." 36. The offence, no doubt, is one of exceptional nature and gravity and the offence must be dealt with ruthlessly if the charge is brought home according to law. A court of law should not be influenced with the gravity of the offence alone and pass a judgment based on inadequate or cripple evidence. The offence, no doubt, is one of exceptional nature and gravity and the offence must be dealt with ruthlessly if the charge is brought home according to law. A court of law should not be influenced with the gravity of the offence alone and pass a judgment based on inadequate or cripple evidence. The Court should consider the legal evidence and pass judgment according to law. 37. Section 489C of IPC reads as follows:- "489C. Possession of forged or counterfeit currency-notes or bank-notes. - Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both." 38. A bare reading of the provision makes it abundantly clear that if a person is found to be in possession of forged or counterfeit currency notes or bank notes and if it is found that he was intending to use the same as genuine or that it must be used as genuine, the offence shall be presumed to have committed. In the present case, the accused persons were found to be in possession of fake currency notes. They went to the tea garden obviously with the intention of transacting the same. On seeing the police personnel they tried to flee away which suggests their guilty mind of having in their possession of those huge quantity of currency notes and except that inference, no other inference can be drawn in the given facts and circumstances of the case. They were not found at the time of making the exact transaction. Their intention has to be inferred from the facts and circumstances of the case. They were in possession of the fake currency notes. Obviously, they went there with the object of transacting them. They could not transact, but it is clear that they were in possession of the fake currency notes with a view to use the same as genuine. In order to sustain a conviction under Section 489C of IPC, it is simply essential to establish that the accused intended to use the forged notes as genuine or that they might use them as genuine. In order to sustain a conviction under Section 489C of IPC, it is simply essential to establish that the accused intended to use the forged notes as genuine or that they might use them as genuine. While the accused persons were caught red handed with fake currency notes and they could not give any otherwise account for having possession of such huge numbers of fake currency notes, only presumption available to be drawn is that they intended to use them as genuine and, therefore, there is no other way, but to arrive at a unescapable inference that they have been in possession of the fake currency notes with a view to use the same as genuine. I, therefore, find no merit in the argument advanced by learned counsel, Mr. Datta. 39. To conclude, learned counsel, Mr. Datta has submitted that at least taking into account the facts and circumstances of the case, the accused persons should be given the benefit of doubt. 40. It is a settled law that truth always suffers from some infirmity when projected through human process. The Supreme Court has observed that judicial quest for perfect proof often accounts for police presentation of fool-proof concoction. So, while it is necessary that proof beyond reasonable doubt should be adduced in a criminal case, it is not necessary that it should be perfect. 41. Lord Denning in Bater Vs. Bater, (1950) 2 ALL ELR 458 at page 459 has observed that doubt must be of a reasonable man and standard adopted must be a standard adopted by a reasonable and just man for coming to a conclusion considering the particular subject matter. 42. The Supreme Court in the case of K. Gopal Reddy V. State of Andhra Pradesh, reported in AIR 1979 SC 387 : (1979) 1 SCC 355 has held that "a reasonable doubt", it has been remarked, "does not mean some light, airy, insubstantial doubt that may flit through the minds of any of us about almost anything at some time or other; it does not mean a doubt begotten by sympathy out of reluctance to convict; it means a real doubt, a doubt founded upon reasons". 43. In the case of Krishna Pillai Sree Kumar & anr. 43. In the case of Krishna Pillai Sree Kumar & anr. V. State of Kerala, reported in AIR 1981 SC 1237 , the Supreme Court has observed that it is no doubt true that the prosecution evidence does suffer from inconsistencies here and discrepancies there but that is a short coming from which no criminal case is free. The main thing to be seen is whether those inconsistencies etc., go to the root of the matter or pertain to insignificant aspects thereof. In the former case, the defence may be justified in seeking advantage of the incongruities obtaining in the evidence. In the latter, however, no such benefit may be available to it. 44. I would further like to refer here the observation of Hon'ble Justice B.N. Agarwal in the case of Krishna Mochi & ors. V. State of Bihar, reported in (2002) 6 SCC 81 , wherein His Lordship has observed:- "It is matter of common experience that in recent times there has been a sharp decline of ethical values in public life even in developed countries much less developing one, like ours, where the ratio of decline is higher. Even in ordinary cases, witnesses are not inclined to depose or their evidence is not found to be credible by courts for manifold reasons. One of the reasons may be that they do not have courage to depose against an accused because of threats to their life, more so when the offenders are habitual criminals or high-ups in the Government or close to powers, which may be political, economic or other powers including muscle power. A witness may not stand the test of cross-examination, which may be sometimes because he is a bucolic person and is not able to understand the question put to him by the skilful cross-examiner and at times under the stress of cross-examination, certain answers are snatched from him. When a rustic or illiterate witness faces an astute lawyer, there is bound to be imbalance and, therefore, minor discrepancies have to be ignored. These days it is not difficult to gain over a witness by money power or giving him any other allurence or giving out threats to his life and/or property at the instance of persons, in/or close to powers and musclemen or their associates. These days it is not difficult to gain over a witness by money power or giving him any other allurence or giving out threats to his life and/or property at the instance of persons, in/or close to powers and musclemen or their associates. Such instances are also not uncommon where a witness is not inclined to depose because in the prevailing social structure he wants to remain indifferent. It is most unfortunate that expert witnesses and the investigating agencies and other agencies which have an important role to play are also not immune from decline of values in public life. Their evidence sometimes becomes doubtful because they do not act sincerely, take everything in a casual manner and are not able to devote proper attention and time. Thus, in a criminal trial a prosecutor is faced with so many odds. The Court while appreciating the evidence should not lose sight of these realities of life and cannot afford to take an unrealistic approach by sitting in ivory tower. I find that in recent times the tendency to acquit an accused easily is galloping fast. It is very easy to pass an order of acquittal on the basis of minor points raised in the case by a short judgment so as to achieve the yardstick of disposal. Some discrepancy is bound to be there in each and every case which should not weigh with the Court so long it does not materially affect the prosecution case. In case discrepancies pointed out are in the realm of pebbles, the court should tread upon it, but if the same are boulders, the court should not make an attempt to jump over the same." 45. In the given facts and circumstances of this case, I find no justification in the submission made by learned counsel, Mr. Datta that the prosecution case suffers from such infirmity that the accused persons should be given the benefit of doubt. Since I am of considered opinion that prosecution case has been established with sufficient evidence and materials, I find no justification at all to interfere in the judgment and order of conviction and sentence passed by the trial Court. Accordingly, the judgment and order of conviction and sentence passed by the learned Sessions Judge, North Tripura, Kailashahar is upheld. 46. Accordingly, the appeal stands dismissed. The appellants should serve out the sentence. 47. Accordingly, the judgment and order of conviction and sentence passed by the learned Sessions Judge, North Tripura, Kailashahar is upheld. 46. Accordingly, the appeal stands dismissed. The appellants should serve out the sentence. 47. Send back the lower court record along with a copy of this Judgment.