Excerpt
The Calcutta High Court on 8th March ordered the release of the accused alleged of keeping forged currency. The Court set aside the order of conviction in want of forensic test report.
Facts
In October 2016 the police suo motu registered a complaint against the Appellant under Section 489(B)/489C/120B of IPC. The lady (Appellant) got apprehended in a police raid with the alleged forged currency of 100 pieces of Rs.500/- and 50 pieces of Rs.1,000/- denominations. The Session Judge held her guilty for an offence punishable under Section 489C of IPC. She got sentenced to suffer rigorous imprisonment for six years with a fine of Rs.10,000/-. Thus, the appellant preferred the instant appeal under Section 374(2) of Cr.P.C.
Appellant’s Arguments
Counsel for Appellant submitted that amongst the witnesses examined two were independent witnesses while others were police personnel. Thus, it contended that there would be contradictions between the evidence of the witnesses and the oral testimony. Further, the Counsel pleaded doubt at the presence of members of the raid as witnesses. After the apprehension of the Appellant, ASI got the signature of P.W.5 who is an independent witness instead of the Appellant itself. Hence, the Counsel further contended doubt on the actual recovery of fake currency notes from the appellant by the police. Moreover, the prosecution didn’t produce any forensic report for the seized currency notes. The Counsel also submitted that the Appellant was in for about four years and six months. Thus, he prayed for setting aside the impugned judgment of conviction and sentence against the Appellant.
Respondent’s Arguments
Counsel for Respondents submitted that the police witnesses can be believed to have no rule of evidence. Furthermore, the police personnel had no reason to implicate the appellant. Thus, he prayed for the reaffirmation of the impugned order of judgment.
Court’s Observations
The Hon’ble Justice Bibek Chaudhuri ruled that the accused owned fake currency must be evident through a forensic report. Yet, the prosecution failed to prove the charges under Sec. 489C of IPC against the accused. Also, the seized articles were sent to the Forensic Laboratory but no report was brought before the Court during the trial. Thus, the Court overruled the judgment and order of conviction of the Sessions Judge against the Appellant.
Judgment
The Hon’ble allowed the instant criminal appeal without any cost. Further, it ordered the release of the accused by setting aside the impugned judgment and order of conviction.
Click here to view the judgment.
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