Jitendra Nath Chaudhuri, J. - (1.) This appeal arises out of sessions Trial No. 1 of September 1979 (Sessions Case No. 30 of 1979) held by the learned Sessions Judge, presiding over the 12th Bench of the City Sessions Court, Calcutta. The appellant was charged under section 489(c) of the Indian Penal Code for possessing forged Government currency notes knowing or having reason to believe the same to be forged and intending to use the same as genuine or that they may be used as genuine, and was convicted of the offence under section 489(c) of the Indian Penal Code and sentenced to two years rigorous imprisonment, subject to any set off which he might be entitled to under the law.
(2.) The prosecution case in brief is as follows: P.W. 3, Rabi Kumar Khattar, accompanied by one Damodar Prasad Bajaj, whom he had met at Tripti Hotel by the side of his house, met the accused in a small stair case room (Room No.6) by the side of the lift at Rajasthan Guest House on Zakeria Street on 2/11/1977. The accused gave P.W. 3 four G.C. notes of 10 rupee denomination each. Out of these four notes, identical numbers were borne by two of the notes. The other two bore identical numbers with each other, though a different number to the former two notes. The accused told P.W. 3 that he could double notes and asked him to use the notes in the market and satisfy himself that the same could be passed off. The accused asked him to bring as many notes as possible and he would double the amount. Thereafter P.W. 3 used all the said notes and the same passed off as genuine without any objection from anybody. On 4/11/1977 P.W. 3 again met the accused at the same place. Thereupon the accused asked him to go to Cafe De Monaco on Chowringhee Road near Metro Cinema on 5/11/1977 at about 4 P.M. with money 2nd assured him that be would double the money. Accordingly, P W. 3 went to Cafe De Monaco on 5/11/1977 at about 4 P.M. with 10 G.C. notes of ten rupee denomination each. He met the accused in a cabin of the said Restaurant. Damodar Prasad Bajaj and another person were also present there. P.W. 3 gave the accused Rs. 100/- in the said 10 currency notes of rupee ten denomination each as a test case. The accused left saying that he would bring double the money at once. The accused returned after some time to the cabin. In the meanwhile P.W. 8, S.I. Arun Kumar Mukherjee attached to the Detective Department, Lalbazar, who, on receipt of source information had been keeping watch near Cafe De Monaco along with force, entered and apprehended the accused, Damodar Prasad Bajaj and the other person who was present. Thereafter P.W. 3 was questioned by P.W. 8. Then P.W. 8 searched the person of the accused in the presence of witnesses the seized four pieces of G.C. notes from the chest pocket of the shirt of the accused. Two of the notes bore identical number, while the other two, although they bore a different number, inter se, bore the identical number. P.W. 8 also recovered the Rs. 100.00, being the ten G.C. notes of the denomination of ten rupees each from the pocket of the part of the accused, which according to P.W. 3 had been given by him to the accused. Thereafter pursuant to the statement of the accused and being led by him P.W. 8 along with the accused and others went to the Rajasthan Guest House on Zakeria Street. From Room No.6 of the said Guest House P.W. 8 recovered in the present of witnesses and the accused four pieces of G.C. notes often rupee denomination, all bearing the same number from inside an executive diary. After drawing up of suo motu F.I.R. at the Taltala P.S., P.W. 8 started Taltala P.S. Case No. 520, dated 5/11/1977, inter alia, under section 489C I.P.C., being the present case.
(3.) After receiving the opinion of the expert relating to the eight pieces of G.C. notes seized from the Forensic Science Laboratory as to the genuineness or otherwise, and upon completion of investigation he submitted a charge-sheet on 13/2/1979 against the present appellant under section 489(c) of the Indian Penal Code. The prosecution case in short is that the accused by pretending to be able to double G.C. notes created a sense of false confidence intending thereby to ultimately defraud the victim after getting hold of as much money as possible.;