Anil Kumar @ Iqbal @ Shyam Sun vs State on 21 April, 2010

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Rajasthan High Court
Anil Kumar @ Iqbal @ Shyam Sun vs State on 21 April, 2010

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH AT JAIPUR
ORDER
Anil Kumar @ Iqbal @ Shyam Sunder Vs. State of Rajasthan
(S.B. Criminal Appeal No.311/2007)
With
Kapil Madan Vs. State of Rajasthan
(S.B. Criminal Appeal No.1740/2003)

Date of Order :- April 21, 2010

HON’BLE MR.JUSTICE R.S.CHAUHAN

Mr.Rajendra Singh Tanwar, for the accused-appellant (311/07).

Mr.Ashvin Garg, for the accused-appellant (1740/03).

Mr.Javed Chaudhary, Public Prosecutor.

Since both the appeals arise out of the same judgment, dated 30.09.2003, passed by the Special Judge (Counterfeit Currency Cases), Jaipur City, Jaipur, they are being decided by this common judgment.

The learned Judge has convicted the appellants, Anil Kumar and Kapil Madan for offences under Sections 489B read with Section 120B and 489C IPC. For offence under Section 489B read with Section 120B IPC, he has sentenced them to ten years of rigorous imprisonment, and has imposed a fine of Rs.5,000/-, and in default thereof to further undergo three months of rigorous imprisonment. For offence under Section 489C IPC, he has sentenced them to two years of rigorous imprisonment and had imposed a fine of Rs.3,500/-, and in default thereof to further undergo for one month of rigorous imprisonment. The learned Judge has acquitted the co-accused, Jai Gopal for offence under Section 489B read with Section 120B IPC. Although, he has convicted him for offence under Section 489C read with Section 120B IPC, but he has sentenced him as undergone, since the co-accused, Jai Gopal, has already served two years and three months as an under-trial. However, he has imposed a fine of Rs.3,500/-, and in default thereof to further undergo a sentence of one month of rigorous imprisonment.

In short, the story of the prosecution is that on 12.05.2001, the police had received a secret information that two persons were carrying fake currency notes and they were travelling in a car bearing registration No.DLC-4363. The car was travelling from Chitroli to Jaipur. Upon this information, the police decided to intercept the alleged car. After a chase, the car was intercepted and two persons namely, accused-appellant Kapil and co-accused, Jai Gopal, were found in the car. From their possession a total of Rs.9,800/- in fake currency were discovered. Subsequently, they were arrested and the investigation began. During the course of investigation, the accused-appellant Kapil informed the police that the fake currency note were given to him by accused-appellant Anil Kumar. Consequently, he was also arrested. During further course of investigation, Anil Kumar revealed that an amount of Rs.1,49,000/- was stashed away by him. Upon this information, under Section 27 of the Evidence Act, the said amount was discovered from the possession of Anil Kumar. After a thorough investigation, the charge-sheet was submitted. The learned trial court framed charges for offences under Sections 489B read with Section 120B and 489C read with Section 120B IPC. In order to prove its case, the prosecution examined twenty-two witnesses and submitted number of documents. The defence neither examined any witness, nor submitted any documents in its favour. After going through the oral and documentary evidence, vide order dated 30.09.2003, the appellants were convicted and sentenced as mentioned above. Hence, these appeals before this Court.

Mr. Rajendra Singh Tanwar, the learned counsel for the accused-appellant, Anil Kumar, has raised two contentions before this Court : firstly, no independent witness was associated with the recovery of the money. Therefore, the recovery cannot be believed. Secondly, since the accused-appellant, Anil Kumar, has already served over nine years of sentence, his sentence should be reduced as undergone. Similarly, Mr. Ashvin Garg, the learned counsel for the appellant,Kapil Madan, has frankly conceded that he does not wish to argue on merit, but pleads that since the accused-appellant, Kapil Madan, having spent nine years of sentence, his sentence, too should be reduced to as undergone.

Mr. Tanwar has taken self-contradictory position. On the one hand, he wants this Court to doubt the independence of the recovery witnesses, yet on the other hand, he prays that the appellant’s sentence be reduced to already undergone. Because of the latter prayer, he almost pleads guilty and does not question the conviction. Therefore, his former prayer looses its significance. Moreover, in catena of cases, the Hon’ble Supreme Court has observed that even if recovery witnesses are unreliable, in case there is evidence from the side of police personnels, there is no reason to disbelieve the evidence of the police personnels. In the present case there is sufficient testimony of police personnels to convince this Court that the appellants were involved in the offence of trafficking fake currency.

Trafficking fake currency adversely affects the national security as it undermines the political and economic stability of the country. Since trafficking fake currency is on the rise, a serious view of the offence has to be taken in the national interest. Those who undermines the foundation of the country, they have to be dealt with severely. Thus, no mercy can be shown to them by this Court.

A bare perusal of the impugned judgment clearly reveals that the learned trial court had meticulously examined the evidence against the appellants. It had sentenced them in accordance with law. Hence, this court does not find any perversity or any illegality in the judgment dated 30-9-2003. Despite the fact that the appellants have undergone a sentence of nine years, no case is made out for reducing their sentence to the period already undergone by them.

Thus, there is no merit in these appeals. They are, hereby, dismissed.

(R.S.CHAUHAN)J.

Manoj Solanki

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