* THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU + CRIMINAL APPEAL No.126 of 2006 % Dated 09-11-2011 # Badhavath Bhagwan Naik @ Bhagwan @ Naik, S/o Chatru Naik, aged 35 years, H.No.6-23-64, Gouthamnagar, Nizamabad. …. Petitioner. Vs. $ The State through SHO, P.S.Gopalapuram, Secunderabad, Hyderabad, Rep. by Public Prosecutor, High Court of A.P. Hyderabad. …. Respondent. ! Counsel for the Petitioner: Sri K. Venumadhav ^ Counsel for the Respondent: The Public Prosecutor. <GIST: > HEAD NOTE: ? Cases referred 1) 2003 (5) Supreme Court Cases 291 HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.126 of 2006 JUDGMENT: The appellant/accused was convicted by the lower Court under Sections 489-B and 489-C IPC and was sentenced to rigorous imprisonment of five years and fine of Rs.100/- on each count separately. Questioning the same, the accused filed this appeal. 2. It is alleged that the accused approached PW.1’s push cart near Secunderabad railway station on 08.04.2005 at about 5.00 P.M. and purchased grapes and gave a currency note of Rs.100/- which was found to be fake by PW.1. Thereupon, PWs. 1 and 2 and others caught hold of the accused who had torn M.O.3 – Rs.100/- fake currency note, and also found the accused possessing M.O.1 fake currency note of Rs.500/- and M.O.2 consisting of 14 currency notes of Rs.100/- each and took him to Gopalapuram Police Station and handed over the accused and MOs.1 to 3 to the police. Plea of the accused is one of total denial and not guilty. Though the lower Court tried the accused for offences under Sections 489-A, B, C and D IPC, the accused was found not guilty under Sections 489-A and 489-D IPC and was found guilty under Sections 489-B and 489-C IPC. Insofar as acquittal of the accused under Sections 489-A and 489-D IPC is concerned, there is no appeal by the prosecution. Therefore, I do not propose to consider that part of the prosecution evidence in this appeal. 3. It is contended by the appellant’s counsel that PWs. 1, 2 and 5 turned hostile to the prosecution and that there is no acceptable evidence except that of the Police Officer in support of the prosecution case and that therefore the lower Court should have acquitted the accused of all charges. 4. Though PWs. 1 and 2 turned hostile to the prosecution with regard to identity of the accused, they supported the prosecution case in all other aspects. It is well settled principle of law that while assessing evidence of hostile witnesses, the Court is not expected to discard their evidence totally on the ground that they turned hostile to the prosecution. It is for the Court to segregate that portion of evidence of the hostile witnesses and pick up those portions which are reliable and which are in accordance with the prosecution case. The Court is entitled to rely upon that portion of hostile witnesses’ evidence which is in support of the prosecution. 5. It is evidence of PW.1 that on 08.04.2005 at about 5.00 or 5.30 PM., one person came to him and delivered a fake Rs.100/- currency note and that he found the said currency note was not a genuine one and that he returned the same to the said person who immediately had torn it away. He further says that people gathered there and that when the people who gathered there questioned that person, the said person took out one fake Rs.500/- currency note and 14 fake Rs.100/- currency notes and delivered the same as per MOs. 1 and 2 and that they produced the said fake currency notes before the police in police out-post located by the side of his fruit push-cart. He further says that he went to Gopalapuram police station and gave Ex.P.1 report. According to PW.1, Ex.P.1 was drafted by one police and he subscribed his signature. PW.2 is another fruit vendor on push cart near Secunderabad railway station and his push cart is by the side of PW.1’s push cart. PW.2 says that on 08.04.2005 at about 5.00 P.M. there was a quarrel between PW.1 and his customer and he went there and that they found the customer having one Rs.500/- currency note and 14 Rs.100/- currency notes and that they handed over the said assailant to the police. But PWs.1 and 2 did not identify the accused as the person who tendered M.O.3 fake currency note to PW.1 and with whom MOs.1 and 2 fake currency notes were found. Even though PWs.1 and 2 did not identify the accused as the said customer, it is pertinent to note that none of PWs.1 and 2 ruled out the accused as the customer who tendered fake currency note to PW.1. Except stating that they cannot identify the customer, PWs.1 and 2 did not say that the accused was not the person who is the said customer. 6. This evidence of PWs. 1 and 2 has to be read along with PW.4 who is the then Sub-Inspector of Police, Gopalapuram Police Station. It is PW.4’s evidence that on 08.04.2005 at 18.05 hours, K.Narayana (PW.1) presented Ex.P.1 report and brought the accused along with the said report, since the accused was said to have presented fake currency note towards value of grapes purchased. PW.4 registered Ex.P.1 as case in Cr.No.101 of 2005 under Sections 489-B, 489-C and 420 IPC and issued Ex.P.5 F.I.R. He handed over the case file to the Inspector of Police-P.W.6 for further investigation. PW.6 is stated to have seized MOs.1 to 3 under the cover of mediators report. Exs.P.4 to P.6 are signatures of PW.5 in Ex.P.7 mediators report. PW.5 turned hostile to the prosecution. The subsequent investigation based on the alleged confessional statement of the accused and seizure of M.O.4 scanner with printer at his house at Nizamabad, was not believed by the lower Court as there is no reliable and independent evidence. Even if evidence of PWs.5 and 6 are ignored and taken out of record, there is evidence of PWs.1, 2 and 4 to speak to the offence proper. Though PWs.1 and 2 failed to identify the accused, perhaps due to lapse of time, PW.4 identified the accused as the person who was produced by PWs.1 and 2 along with MOs.1 to 3 and Ex.P.1 report. There is connecting link for the prosecution from the evidence of PW.4 coupled with evidence of PWs.1 and 2. That apart, the lower Court placed reliance on Karamjit Singh v State (Delhi Administration)[1] of the Supreme Court to believe evidence of the Police Officer P.W.4 whose evidence is not in any way tainted. When there are no circumstances to disbelieve Police Officer’s evidence, evidence of a Police Officer cannot be discarded or disbelieved simply on the sole ground that he is a Police Officer. That apart, the present case is not one where there is sole evidence of the Police Officer to prove the entire offence. There is evidence of PWs.1 and 2 to prove the entire facts relating to the offence, except with regard to identity of the accused and the said identity is linked from PW.4’s evidence. Therefore, I do not find any infirmity in the lower Court in finding the accused guilty under Sections 489-B and C IPC for using M.O.3 fake currency note as a genuine one and for possessing MOs.1 to 3 fake currency notes. The fact of MOs.1 to 3 being fake currency notes is certified by PW.3 who is the Assistant Director of Forensic Science Laboratory, Hyderabad who gave Ex.P.3 report to that effect after making physical examination as well as scientific examination of the said currency notes. I find no grounds to interfere with finding of guilt recorded by the lower Court against the accused/appellant. 7. In the result, the appeal is dismissed. ____________________________ SAMUDRALA GOVINDARAJULU,J Dt. 9th November, 2011. PNV [1] 2003(5) Supreme Court Cases 291