Fajar Ali vs State Of Tripura

Heard Mr. D. Debbarma, learned counsel appearing for the appellant as well as Mr. S. Ghosh, learned Addl. P.P. and Mr. S. Debnath, learned Addl. P.P. appearing for the State-respondent.

This appeal is directed against the judgment and order of conviction and sentence dated 01.08.2018 passed by learned Sessions Judge, Gomati Judicial District, Udaipur, in case No.S.T.15(GT/U) of 2016, whereby and whereunder the convict-appellant has been convicted under Section 489-B of IPC and sentenced him to suffer rigorous imprisonment for seven years with a fine of Rs.10,000/- with default stipulation and further sentenced him under Section 489-C of IPC to suffer rigorous imprisonment for five years for the said offence and it was directed that both the sentences shall run concurrently.

FIR No. 155 of 2014 dated 05.10.2014 was registered by the officer-in-charge of Kakraban Police Station against the appellant-Fajar Ali for allegedly committing offence under Section 489-B of the IPC. One Charu Miah lodged a complaint with the police station, inter alia, stating that on 18.09.2014 at about 7.00 A.M. he sold two numbers of cows for a consideration money of Rs.33,500/-. The appellant had given Rs.33,000/- of 1000 denomination and one number of Rs.500/- denomination. On 26.09.2014, his daughter was admitted to hospital out of labour pain and at that time with the advice of the doctor he went to purchase medicine from a nearby medicine shop. He offered Rs.1000/- currency note to the shop-keeper when the complainant was informed that it was a fake currency note. He informed the matter to the local leaders. All the currency notes were lying with him.

Investigation was carried on. The investigating officer seized the currency notes from the complainant, Charu Miah. Being prima facie satisfied, the investigating officer submitted charge-sheet against the appellant.

Having received the case records, the learned Sessions Judge framed charges against the accused-appellant under Sections 489-B and 489-C of the IPC.

Prosecution examined 16 witnesses to establish the charges. After conclusion of the recording of the evidence and having heard the learned counsels appearing for the parties, learned Judge held the appellant guilty for committing offence under Sections 489-B and 489-C of IPC and convicted and sentenced the appellant as afore-stated.

Mr. Debbarma, learned counsel for the appellant submits that no case has been made out to attract the ingredients of Sections 489-B and 489-C of the IPC. Learned counsel has also pointed out the illegalities committed by the investigating officer while the currency notes were seized.

The learned Addl. Public Prosecutors appearing for the State-respondent have fairly submitting that there are some serious discrepancies apparent on the face of the record.

In view of the submissions of the learned counsels, at the very outset, I have perused the deposition of P.W.-5, the informant. Charu Miah, being the informant deposed that after one day of selling of his two cows, his daughter was admitted to the hospital and when he went to a pharmacy shop and offered Rs.1000/- denomination, at that time, he was informed that his currency note was fake. He informed the matter to the leaders of the locality. However, they informed him that the matter would be looked into after the celebration of Eid. Thereafter, on the same day, in the evening, the police seized the currency notes from him.

Next important witness is P.W.-8, Smt. Tashima Begam. She stated that after two days of selling of the cows, the accused-appellant went to the house of P.W.-5 and requested him to return the said note as those notes were found to be fake. But, the informant did not hand over those currencies notes.

Next important witness is P.W.-14, Ramij Miah. He deposed that after three to four days of the transaction, he came to know from his father that out of Rs.33,500/-, which were given by the appellant, Rs.24,000/- was found to be fake currency notes.

After evaluation of the evidence, it is found that the informant had sold his two cows to the appellant on 18.09.2014 at 7.00 A.M. In course of his evidence, he deposed that on the very next day, his daughter was admitted to hospital when he was informed by the shop-keeper of the medicine shop that one piece of Rs.1000/-denomination was fake. So, according to him, he received the information about the currency notes being fake on 19.09.2014.

P.W.8 deposed that the daughter of the informant was admitted to hospital after two days from the day of transaction. So, question arises, if the informant came to know that the currency notes were fake, then, why he did not lodge the complaint to the police on the same day? More so, the date of admission of the daughter of the informant to the hospital is also apparently mismatched leading this Court to suspect the genuinety of the statement of the prosecution witnesses, particularly, P.W.-5 and P.W.-8.

More importantly, it is noticed that FIR was lodged on 05.10.2014 and the police had seized those notes on 27.09.2014. But, inspite of such seizure of the fake currency notes, the police did not lodge any FIR. More so, Charu Miah, the possessor of those currency notes and informant herein also did not lodge any complaint against the appellant on 27.09.2014. The reason is best known to the prosecution. I do not find any explanation from the side of the prosecution. I find serious discrepancies in lodging the FIR on 05.10.2014, though, the fake currency notes were seized on 27.09.2014.

The entire scenario appears to be doubtful. The ingredients of Sections 489-B and 489-C of IPC are found to be absent. As such, the judgment and order of conviction and sentence, as afore-stated, cannot sustain against the appellant.

Accordingly, the judgment and order of conviction and sentence, passed by the learned Sessions Judge as afore-stated are set aside and quashed.

In the result, the appeal stands allowed. As he is on bail, the appellant is discharged from bail bond and the surety is also discharged.

Send down the L.C. records forthwith.