Criminal Appeal No.707-SB of 2003 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Appeal No. 707-SB of 2003 Date of Decision: February 19,2010 Dev Raj ...........Appellant Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.S.S.Rana, Advocate for the appellant Mr.Amandeep Singh Rai,Addl. Advocate General, Punjab Sabina, J. Appellant-Dev Raj was committed by Sub Divisional Judicial Magistrate Sunam to stand his trial for having committed offences punishable under Sections 498-A/489-B/489-C/489-D/489-E of the Indian Penal Code (for short`IPC'). Appellant-Dev Raj was convicted under Section 489-C and 489-D IPC by the Additional Sessions Judge, Fast Track Court, Sangrur vide judgment dated 22.3.2003. Vide order of even date, appellant was sentenced to under go rigorous imprisonment for seven years and to pay a fine of Rs.5000/- under Sections 489-C and 489-D IPC on each count. Both the sentences were ordered to run concurrently. Hence, the present appeal. The case of the prosecution, as noticed by the trial Court in paras 2 and 3 of its judgment, is reproduced here in below:- “The prosecution story, in brief, is that on 10.8.2000, SI Criminal Appeal No.707-SB of 2003 2 Rajwinder Singh, SHO PS Sunam alongwith other officials was present at Sheron Chowk, Sunam, in connection with patrolling where he received secret information that accused Dev Raj manufactures counter feit currency notes and machinery, stationery, and other articles for forging currency notes were lying in his house. The informer also told that he roams in Maruti Car. No. HR-23/3472 and if raid be conducted, the forged currency notes and other material could be recovered from him. Thereupon, SI Rajwinder Singh sent ruqa Ex.PE to police station where on its basis formal FIR Ex.PE/1 was recorded by MHC Budh Singh. SI Rajwinder Singh then, joined Leela Singh PW and the party was going to the house of accused and when the party reached near PWD Rest House, Sunam, the accused was seen coming in Maruti Car No.HR-23/3472 and he was identified by MHC Mandhir Singh. Accused Dev Raj was apprehended and as a result of his personal search, currency notes of Rs.4,000/- were recovered from the front pocket of the shirt worn by the accused, which were taken into possession vide memo Ex.PB which was signed by accused and attested by Leela Singh, ASI Jasbir Singh and Baldev Singh. As a result of further personal search of accused, one bundle containing 100 notes of the denomination of Rs.500/- and another bundle containing 100 notes of the denomination of Rs.100/- were recovered, which were converted into a parcel, which was sealed with the seal bearing impression `RS. The parcel and car were taken into possession vide memo Ex.PA attested by aforesaid witnesses. SI Criminal Appeal No.707-SB of 2003 3 Rajwinder Singh then, interrogated accused Dev Raj, upon which he disclosed that he had kept concealed one machine for manufacturing forged currency notes including UPS, one plug box, one mouse, one key-board, one monitor, one CPU, one scanner, one colour Lazer Jet, Five CD-Drivers, Paper for forging currency notes, one tape-roll including stand, cutter, staple, five packets containing stapller, pins, one iron box containing forged currency notes and half printed currency notes, three currency notes of Rs.500/-, three currency notes Rs.100/- which are genuine, in the corner of his house which is on rent with him and could get the same recovered. Statement of accused Dev Raj Ex.PC was recorded which was signed by him and attested by aforesaid witnesses. The accused, then, in accordance with his disclosure statement, led the police party to his house and from the specified place, got recovered machine including one UPS Ex.P155, one plug box Ex.P156, one mouse Ex.P157, key board Ex.P158, monitor Ex.P159, CPU Ex.P160, scanner Ex.P161, Colour Lazer Jet Ex.P162 which was connected with switch board, five CD-Drivers Ex.P163 to Ex.P167, paper for forging notes Ex.P168, one tape roll alongwith stand Ex.P169, cutter Ex.P170, stappler Ex.P171, five packet steppler pins Ex.P172 to Ex.P176, one iron box Ex.P177, containing forged currency notes, three currency notes of Rs.100 each Ex.P181 to Ex.P183. The UPS, mouse, key board, monitor,CPU, Scanner, Colour Lazer Jet, Five CD-Driver, papers (7 bundles of 45.5 x51.5 cms & 1550 simple papers) were converted into separate parcels which were Criminal Appeal No.707-SB of 2003 4 sealed with the seal bearing impression `RS'. From the trunk, four bundles of currency notes of rs.100 each containing 100 notes, these were marked Sr.No.1 to 4. 76 currency notes of Rs.100 each, 44 notes currency notes of Rs.500/- were also recovered, which were converted into a parcel which was sealed with the seal bearing impression `RS'. Out of the trunk, 101 papers on the one side of which three currency notes of Rs.500/- were printed, were also recovered which were also converted into a parcel, sealed with the seal bearing impression `RS'. Then, all the sealed parcels and genuine currency notes of Rs.500/- and Rs.100/- and all the articles were taken into possession vide memo Ex.PD,attested by aforesaid witnesses. Ex.P41 to Ex.P53 are the packets containing currency notes, Ex.P54 to Ex.P154 are the papers leaves on one side of which three notes of denomination of Rs.500/- were printed. SI Rajwinder Singh also prepared rough site plan of places of recovery Ex.PF & Ex.PG and on return to the police station, he deposited the case property with MHC. On 22.8.2000, Surinder Singh photographer, produced photographs which were taken into possession vide memo Ex.PJ,After completion of the investigation and on receipt of report of Forensic Science Laboratory Ex.PL, the accused was sent up for trial. 3. Copies of the documents as required under Section 173 Cr.P.C. were duly furnished to the accused. There being a prima facie case under Sections 489A/489B/489C/489D/489E of Indian Penal Code aganist the accused, he was charged accordingly. The accused pleaded not guilty." Criminal Appeal No.707-SB of 2003 5 Learned counsel for the petitioner has submitted that the link evidence in this case was missing. When Constable Mandhir Singh, who had taken the alleged fake currency notes and other material to the Forensic Science Laboratory, has not been examined as a witness nor has even been cited as a witness. Moreover, PW3 HC Jaswinder Singh has submitted that the samples were sent to the Forensic Science Laboratory on 17.11.2000,whereas, as per the report of the Laboratory, the same had been received over there on 22.11.2002. Learned State counsel, on the other hand, has submitted that the prosecution had been successful in proving its case. Prosecution, in order to prove its case, examined PW4 ASI Jasbir Singh and PW6 SI Rajwinder Singh, Investigating Officer qua the recovery of fake currency notes and the machinery required for preparing the same from the accused/appellant. However, the link evidence in this case is missing. The person who,allegedly, took the fake currency notes to the Forensic Science Laboratory has not been cited as a witness nor has been examined as a witness. A perusal of the report of the Forensic Science Laboratory, Ex.PL, reveals that the case property had been received from Constable Mandhir Singh on 22.11.2000. However, as per PW3, the case property had been sent to Laboratory on 17.11.2000. This makes the prosecution case doubtful as during the intervening period, there is no material on record to establish that the case property had not been tampered with. An accused is presumed to be innocent till proved guilty and the prosecution is required to prove its case against accused beyond the shadow of reasonable doubt. Accordingly, this appeal is allowed. Impugned Criminal Appeal No.707-SB of 2003 6 judgment/order of conviction and sentence are set aside. Appellant is acquitted of the charge framed against him. (Sabina) Judge February 19, 2010 arya