IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 CRL.A.No. 795 of 2003() ----------------------- SC.314/2001 of ADDL. SESSIONS COURT (ADHOC), THODUPUZHA .................... APPELLANT(S): ACCUSED NO.1 -------------------------- VIJAYAN S/O. AYYAPPAN, KALABHAVAN, AYARKUNNAM KARA, AYARKUNAM VILLAGE. BY ADV. SRI.JACOB CHACKO SRI.SAJIKUMAR.K.K. RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM . BY PUBLIC PROSECUTOR SRI V. TEKCHAND THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON 3/8/2009 DELIVERED THE FOLLOWING: P.Q. BARKATH ALI, J. -------------------------------------- CRL.APPEAL 795 OF 2003 -------------------------------------- Dated: AUGUST 3, 2009 JUDGMENT The challenge in this criminal appeal by the 1st accused is to the judgment of Addl. Sessions Judge (Adhoc I), Thodupuzha, in S.C. 314/2001 dated 29.4.2003 convicting the appellant under sec.489(C) of IPC and sentencing him to undergo simple imprisonment for one year and to pay a fine of Rs.1000/-, in default to undergo simple imprisonment for a further period of three months. He was found not guilty of the charge under sec.489(B) read with sec.34 of IPC along with the absconding 2nd accused. 2. The case of the prosecution as shaped in evidence before the lower court was that on May 22, 1990 at about 5 a.m. while PW.1, the Sub Inspector of Police of Cumbummettu was on duty at the premises of Koottar SNDP temple in connection with a festival, the appellant who was conducting a way side sale found to be in possession of 59 counterfeit currency notes of Rs.10/- denomination and that thereby committed the offence punishable under sec.489(C) of IPC. He was also charged under sec.489 CRL.APPEAL 795 OF 2003 2 (B) read with sec.34 of IPC along with the 2nd accused on the allegation that the 2nd accused handed over the counterfeit currency notes to the appellant. 3. The committal court (Judicial First Class Magistrate Court, Nedumkandam) took cognizance of the case as CP 9/1997. When the appellant appeared before the committal court, copies of documents relied on by the prosecution were furnished to him. The 2nd accused was absconding. The case against the appellant was committed to the Court of Sessions, Thodupuzha, from where it was made over to the trial court for trial and disposal. The appellant on appearance before the lower court court pleaded not guilty to a charge under sec.489(B) and 489(C) read with sec.34 IPC. Pws.1 to 7 were examined and Exts.P1 to P3 and M.O.1 series and M.O.2 series were marked on the side of the prosecution before the lower court. When questioned under sec.313 Cr.P.C. by the lower court, the accused denied having committed the offence. No defence evidence was adduced. 4. PW.1 is the Sub Inspector of Police of Cumbummettu who detected the offence. He arrested the appellant on the spot and prepared Ext.P1 mahazar and seized M.O.1 series CRL.APPEAL 795 OF 2003 3 counterfeit currency notes. He brought the appellant to the police station and prepared Ext.P2 FIR and reported the matter to the Crime Branch C.I.D. Wing of the Police. Pws.2 to 5 are the independent witnesses to the search and seizure of the MO.1 series counterfeit currency notes from the appellant, who turned hostile and did not support the prosecution. Pws.6 and 7 are the investigating officers. The lower court accepted the evidence adduced on the side of the prosecution and found the appellant guilty of the offence punishable under sec.489(C) of the IPC and convicted him and sentenced him as aforesaid. He was found not guilty of the charge under sec.489(B) read with sec.34 IPC and was acquitted of the said offence. 5. When the appeal came up for hearing, the counsels appearing for both sides were absent. Therefore the case was taken up for judgment. 6. The following points arise for consideration: 1. Whether the prosecution has succeeded in proving that the appellant was in possession of MO.1 series counterfeit currency notes knowing that those currency notes were forged with intent to use the said currency notes as genuine currency notes. CRL.APPEAL 795 OF 2003 4 2. Whether the conviction and sentence of the appellant by the lower court can be sustained? Points 1 and 2. 7. The main ground urged in the appeal memorandum is that as the independent witnesses Pws.2 to 5 turned hostile, the lower court is not justified in believing the evidence of PW.1 alone and that there is no evidence to show that the appellant knew that MO.1 series notes are counterfeit currency notes. It is true that there is only the evidence of PW.1, the Sub Inspector of Police, to prove the incident. It is settled law and is held in Girja Prasad v. State of M.P. {2007 (4) KLT 99 (SC)} that the evidence of official witnesses can be relied on if the same is found reliable and trust worthy. I have gone through the evidence of PW.1. Nothing was brought out during his cross- examination to discredit his evidence. No serious discrepancies or inconsistencies were brought out during his cross-examination. It was not even suggested during his cross-examination that he has any prior acquaintance or enmity with the appellant. CRL.APPEAL 795 OF 2003 5 Therefore the lower court is perfectly justified in coming to the conclusion that the evidence of PW.1 is trustworthy and reliable and holding that the prosecution has succeeded in proving that the appellant was found to be in possession of MO.1 series currency notes as alleged by the prosecution. Ext.P3 certificate issued from the Currency Notes Press, Nazik, shows that MO.1 series currency notes were counterfeit notes. 8. The next question to be considered is whether the appellant knew that those currency notes were counterfeit currency notes. The accused was found in possession of 59 currency notes which itself shows that he knew that those currency notes were counterfeit notes and that he was keeping the same with intent to use them as genuine. Further, he was conducting a shop at festival place which probabilises the case of the prosecution that he intended to use them as genuine currency notes. For all these reasons I confirm the finding of the lower court that the prosecution has succeeded in proving that the appellant was found to be in possession of MO.1 series counterfeit currency notes as alleged by the prosecution and that he knew the same to be counterfeit currency notes with intent to CRL.APPEAL 795 OF 2003 6 use them as genuine. That being so, the conviction of the appellant by the lower court under sec.489(C) of IPC has to be confirmed. 9. As regards the sentence the lower court took a very lenient view and imposed a sentence of simple imprisonment for one year and a fine of Rs.1000/- with a default sentence of simple imprisonment for three months. I find no special reason to reduce the sentence. In the result, confirming the conviction and sentence of the appellant by the lower court, the appeal is dismissed. The appellant shall surrender before the lower court on or before 15.8.2009 to suffer the sentence. P.Q. BARKATH ALI, JUDGE mt/-