- (1.)This appeal has been preferred by the appellants Firoz Ahmed @ Gandhi, Surender Kumar and Mohd. Shamim Akhtar challenging the impugned judgment dated 21.02.2012 and order on sentence dated 28.02.2012 vide which the appellant Shamim Akhtar was convicted under Section 489B & 489C IPC while the appellants Firoz and Surender Kumar were convicted for offence under Section 489C IPC. The appellant/accused Mohd. Shamin Akhtar was sentenced to rigorous imprisonment for a period of five years and fine of Rs.10,000/- under Section 489B IPC; in default of payment of fine, simple imprisonment for a period of two months and further rigorous imprisonment for four years and fine of Rs.10,000/- under Section 489C IPC; in default of payment of fine; simple imprisonment for a period of two months, whereas Firoz Ahmed and Surrender Kumar were sentenced to rigorous imprisonment for four (4) years each and fine of Rs.10,000/- each under Section 489C IPC, in default of payment of fine, simple imprisonment for a period of two months each in Sessions Case No. 66/10 arising out of FIR No.183/2007 under Sections 489/489B & 489C/34 IPC registered at Police Station Maurice Nagar, Delhi.
(2.)The facts germane to the prosecution case are that on 27.11.2007, at Operation Cell, North, a secret information was received by Sub Inspector Joginder Singh that a person dealing in fake currency notes would come near Jai Jawan Tea Stall, Delhi University and he would sell fake currency in exchange of genuine currency. A raiding party comprising of Sub Inspector Jogender Singh, HC Braham Dev, Constable Jitender and Constable Ravi Khari was constituted and they proceeded to the spot. One public person named Vinod Kumar agreed to join the proceedings. The informer and public witness were introduced to each other and Vinod Kumar was instructed to approach the accused as a decoy customer and he was handed over two genuine notes of Rs.100/- denomination each. Vinod Kumar stood near Jai Jawan Tea Stall with secret informer and when accused Mohd. Shamin came there at about 5.15 pm, Vinod approached him on the pointing out of secret informer. After having conversation with the accused, Vinod Kumar gave signal to the raiding party and accordingly accused Mohd. Shamim Akhtar was apprehended. The original currency notes of Rs.100/- denomination handed over to Vinod Kumar were recovered from the search of accused Mohd. Shamim. The polythene carried by the accused was checked and found containing 463 fake currency notes of Rs.100 denomination each. The notes were also seized and an FIR was registered at Police Station Maurice Nagar. On interrogation, accused Shamin Akhtar made a disclosure statement that the same were received from Firoz Ahmad. The accused was taken on police remand and was taken to the shop of Firoz Ahmed on 28.11.2007, but he could not be found. On 29.11.2007 police party again visited the shop of Firoz Ahmed and apprehended him and 305 fake currency notes of Rs.100 denomination were recovered from him. Pursuant to the disclosure made by accused Firoz Ahmed, accused Surender Kumar was apprehended from his house and 88 fake currency notes of Rs.100/- denomination each were recovered and seized. All the accused persons were arrested and the case property was deposited in the Malkhana and thereafter sent to FSL for analysis. After completion of investigation, all the three accused/appellants were charge-sheeted. All the three accused/appellants were separately charged for having committed offence punishable under Section 489B and 489C of Indian Penal Code to which they pleaded not guilty and claimed trial. The prosecution in all examined eight witnesses in order to prove the guilt of accused persons.
(3.)All the incriminating evidence was put to the accused persons while recording their statements under Section 313 Cr.PC wherein they pleaded innocence and alleged their false implication. No evidence was led by accused Mohd. Shamim Akhtar and Firoz whereas accused /appellant Surender Kumar examined DW1 Inder Mohan, his neighbour and his wife DW2 Lata. Vide impugned judgment, learned Additional Sessions Judge held that the prosecution succeeded in establishing that the accused/appellant Shamim Akhtar was found indulging in trafficking of counterfeit currency notes and accordingly 463 fake currency notes were recovered from his possession and he was convicted under Section 489B & 489C IPC. However, as regards accused/appellants Firoz and Surender, there was no direct evidence about trafficking in counterfeit currency qua them and only evidence on this aspect was disclosure statement of co-accused, which was not admissible in evidence under Section 25 of Evidence Act. As such they were convicted for offence under Section 489C IPC.