- (1.) This appeal is directed against a judgement and order dated 28/29th June, 2011 passed by the learned Additional Sessions Judge, 4th Court at Nadia in Sessions Trial no. 4(5) of 2010 thereby convicting the appellants for committing offence punishable under Section 498C of the Indian Penal Code and sentencing them to suffer R.I. for 5 years with fine of Rs. 10,000/- each.
(2.) The judgement has been assailed, mainly, on the following grounds: a) that no independent witness to the alleged seizure of counterfeit currency notes supported the prosecution case; b) that the learned Court failed to appreciate the evidence on record in its true and proper perspective and overlooked discrepancies in the statements of the witnesses on material points; c) that the witnesses examined on behalf of the prosecution were neither interrogated by the Investigation Officer nor their statement under Section 161 of the Cr.P.C. was recorded and; d) that simple possession of counterfeit notes does not necessarily attract the offence under Section 489 C IPC when mesne rea is found absent;
(3.) Tarak Nath Karati, Inspector in charge, Nabadwip Police station received one source information that the owner of "Anamika Bastralayay", situated near Idilpur Rail Gate at Nabadwip Station Road, was in possession of huge quantity of counterfeit currency notes and some outsiders contacted him for purchasing those notes with an intention to pass the notes as genuine in open market. Making an entry in the general diary on 25.10.2009, Mr. Karati along with other officials appeared at " Anamika Bastraloy" at about 12.10 hours. On reaching there, they found the owner of Anamika Bastralaya Shyam Sundar Mahato and two other persons were trying to escape seeing the police party. Mr. Karati and his officials, however, able to apprehend them and on searching of their person, currency notes to the tune of Rs. 2,00,200/- counterfeit were recovered from their possession in presence of local people including Pradip Biswas and Uttam Debnath. Some genuine currency notes were also recovered from the possession of Mahato. All the counterfeit and genuine currency notes were seized under three seizure lists in presence of witnesses and those were put in separate packets which were leveled and sealed in presence of witnesses. Shyam Sundar Mahato and two other persons who were apprehended and from whose possession the counterfeit notes were recovered feiled to produce any valid document or give satisfactory answer for their possession over the counterfeit notes. They were arrested and Mr. Karati lodged a suo moto F.I.R. against them on the basis of which the Nabadwip police station case no. 239 dated 25.10.2009 was registered against Shyam Sundar Mahato and these two appellants Baishaki Sk. and Mithu Sheikh amongst others. The case was investigated into and finally ended in a charge-sheet under Section 489B and 489C/34 of IPC. As the appellants pleaded not guilty to the charges so framed against them, the trial commenced. The learned Trial Court recorded evidence of 21 witnesses examined on behalf of the prosecution. The F.I.R, Seizure lists and copy of G.D. entry, report of expert, sketch map of place of occurrence etc. were admitted into evidence and marked exhibit on behalf of the prosecution. The alleged seized counterfeit currency notes were also produced in Court, admitted into evidence and marked material ex. i,ii,iii,iv collectively. No witness was examined on behalf of the appellant in course of trial. Upon consideration of the evidence oral and documentary, the learned Trial Court came to a conclusion that the prosecution brought home the charge under Section 489C of IPC against these two appellants and accordingly recorded their conviction and sentence which is impugned in this appeal on the grounds already stated.;