Darshan Singh vs State of Punjab

Kanwaljit Singh Ahluwalia, J.—Appellant Darshan Singh was prosecuted in a case FIR No. 175 dated 23.09.1999 registered at Police Station Ropar under Sections 489B and 489C IPC. The Court of Additional Sessions Judge, Rupnagar, vide its impugned judgment dated 5th January, 2002 held the Appellant guilty of an offence punishable under Sections 489B and 489C read with Section 511 IPC and vide a separate order of even date, sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for one month u/s 489C IPC. The Appellant was further sentenced u/s 489B read with Section 511 IPC to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for one month. Both the substantive sentences were ordered to run concurrently.

Present appeal challenges the conviction recorded and the sentence awarded to the Appellant.

On 23rd September, 1999 at about 7.45 p.m., SI Harjinder Singh SHO, Police Station City Ropar PW-3, along with his companion police officials, had gone for patrol duty on a Govt. Jeep and was holding a nakabandi at Purana Bus Adda (old bus stand) Ropar, when a special informant gave information that Darshan Singh son of Mohinder Singh, who is wearing a black pant and a check shirt, is having one currency note of Rs. 500/-, which is fake, and is going to make an attempt to use the same at Sabji Mandi (vegetable market), Ropar. He further stated that in case a raid is conducted, the person can be caught red-handed. Believing the information to be reliable, a ruqa Ex.PC was sent to the Police Station for registration of a case and the police party proceeded to the spot for conducting raid.

It has surfaced in the testimony of SI Harjinder Singh PW-3 that when they reached at the spot, they found the accused standing at the Rehri (vending cart) of Mohammad Rafi, a fruit seller. The accused was having a currency note of the denomination of Rs. 500/-in his hand and was in the process of making payment to the said fruit seller when he was apprehended. The currency note was found to be fake, as its colour was faded. The currency note so recovered was later-on brought on the record as Ex.P4. The accused was interrogated and the note was taken into possession vide recovery memo Ex.PB, which was attested by Mohammad Rafi and ASI Sukh Ram. The accused made a disclosure statement Ex.PD, which was attested by ASI Sukh Ram and Constable Chandgir. Since it had already become late in the night, the accused was kept in the police lock-up and was produced before the Illaqua Magistrate on the next day. In pursuance of the disclosure statement Ex.PD, the accused led the police party to his village Boonga Sahib and from underneath the pillow of his bed in the bedroom, he produced three currency notes of the denomination of Rs. 500/-each, which were also fake and were exhibited as Ex.P1 to P3. All the four currency notes were sent to Reserve Bank of India, Chandigarh, which also gave a report that the same were fake. In cross-examination, SI Harjinder Singh PW-3, stated that nobody from the public including Mohammad Rafi came forward to attest the disclosure statement and the recovery memo.

Testimony of SI Harjinder Singh PW-3 was corroborated by ASI Sukh Ram PW-7.

HC Harbans Singh PW-1 was the attesting witness to the disclosure statement and the recovery memo Ex.PA. He stated that on 26th September, 1999 he had accompanied the police party and from the house of the accused, three currency notes Ex.P1 to Ex.P3 were recovered. In cross-examination, this witness stated that the disclosure statement was not recorded in his presence but it was made on 23rd September, 1999.

Mohammad Rafi PW-2 stated that on 23rd September, 1999, he was selling bananas on his Rehri (vending cart). The accused purchased one dozen bananas and handed him over a currency note of Rs. 500/-. In the meantime, the police party came there and it was told by the police that the note given to him by the accused was fake.

Dr. Anju, Medical Officer, Civil Hospital, Ropar appeared as PW-4 and stated that on 24th September, 1999, she was posted on emergency duty at Civil Hospital, Ropar and the accused was brought by the police in custody for his medical examination. There was no mark of injury on the person of the accused and his medico legal examination was conducted. She proved medico legal report of the accused as Ex.PW4/A.

Jatinder Nath PW-5 had prepared the scaled site plan Ex.PW5/A. Vijay Kumar Bansal, Deputy Treasurer, Reserve Bank of India, Chandigarh PW-6 proved the report Ex.PW6/A, whereby the notes Ex.P1 to Ex.P4 were declared to be fake.

Thereafter, prosecution closed its evidence and a statement of the accused Appellant was recorded u/s 313 Code of Criminal Procedure He denied all the incriminating circumstances put to him and pleaded innocence.

Kabal Singh DW-1 stated that he was Sarpanch of the village. He further stated that on 20th September, 1999 the accused was arrested by the police in his presence but nothing was recovered from his possession. Harpal Singh DW-2, Panch of the village, also stated on the same lines.

From the entire prosecution evidence, following facts emerge:

(i) On 23rd September, 1999, the Appellant had purchased bananas and had given a note of Rs. 500/-, which was found to be fake.

(ii) On the same day, the Appellant is stated to have made a disclosure statement Ex.PD, which was attested by ASI Sukh Ram and Constable Chandgir. In pursuance of the disclosure statement Ex.PD, on 26th September, 1999, vide memo Ex.PA, the Appellant got recovered three currency notes of the denomination of Rs. 500/-each from his house. The recovery memo Ex.PA was attested by HC Harbans Singh.

Mr. Harminderjeet Singh, Advocate appearing on behalf of the Appellant, has placed reliance upon a judgment rendered by Hon''ble the Apex Court in ''Umashanker v. State of Chhattisgarh'' 2001(4) RCR 444 to contend that mere recovery of counterfeit currency notes from the accused is not sufficient to hold that the accused knew or had the reason to believe that the currency notes or bank notes are forged or counterfeit. A further reliance has been placed upon ''Balraj (Balraj Singh) v. State of Haryana'' 1988 (1) RCR 418 to contend that mere possession of counterfeit currency notes by the accused cannot fasten him with a criminal liability until the prosecution proves that the accused had the knowledge that the notes were fake. In support of this contention, further reliance has been placed upon ''Puran Chand v. State of Haryana'' 1987(2) RCR 464 and ''Gurnam Singh v. State of Union Territory, Chandigarh'' 1992 (1) RCR 661.

In the present case, disclosure statement Ex.PD is not attested by any independent witness. The same is not even attested by Mohammad Rafi PW-2, who was a banana seller at the vegetable market. The arrest of the accused was effected on 23rd September, 1999 in a vegetable market, which is frequented by various customers. A number of other vendors would also be present in the market. Nobody was associated. After the disclosure statement Ex.PD was recorded on 23rd September, 1999, remand of the accused was taken. Three days later, on 26th September, 1999 from the house of the accused in his bedroom, beneath the pillow of his bed, three fake currency notes Ex.P1 to Ex.P3 of the denomination of Rs. 500/-each were recovered. This entire story of the prosecution is improbable. The family of the accused, having known that the accused has been arrested on 23rd September, 1999, if the accused was indulging in circulation of counterfeit currency, will not preserve the three fake currency notes beneath the pillow in the bedroom. The police party reached in the village on 26th September, 1999. Recovery of three currency notes Ex.P1 to Ex.P3 was witnessed by HC Harbans Singh only. No villager, Lamberdar, Panch or Sarpanch was joined at the time of recovery. Rather, Kabal Singh Sarpanch and Harpal Singh Panch of the village have appeared in defence as DW-1 and DW-2 respectively and have deposed in favour of the Appellant. Therefore, the disclosure statement Ex.PD and the recovery memo Ex.PA are to be ignored and ruled out of consideration. It seems that the police officials, in over zeal, have made a padding of currency notes Ex.P1 to Ex.P3.

But at the same time, due credence is to be given to the testimony of Mohammad Rafi banana seller PW-2, that the accused had presented a note of Rs. 500/-when he purchased bananas. From the presentation of a fake note of Rs. 500/-by the accused to the banana seller, it cannot be inferred that the accused had the necessary knowledge and reason to believe that the note was fake or counterfeit. Therefore, relying upon the ratio of law laid down in Umashanker''s case (supra), benefit of doubt ought to flow to the accused Appellant.

Counsel for the Appellant has also read the statement of the accused recorded u/s 313 Code of Criminal Procedure and has contended that no specific question was put to the accused as to whether he knew the currency notes to be fake or counterfeit. In support of this, reliance has been placed upon M. Mammutti Vs. State of Karnataka, . There is a merit in this contention raised by counsel for the Appellant. The Court had not formulated and put any question to the accused as per the ratio of law laid down in M. Mammutti''s case (supra). On this count also, the Appellant is entitled to acquittal.

Hence, the present appeal is accepted. Conviction and sentence awarded to the Appellant is hereby set aside and he is acquitted of the charges.