Court acquits accused facing trial in fake currency case

16/03/2019

JAMMU, MARCH 15: Additional Sessions Judge Jammu acquitted Rishi Kumar alias Rajeev S/o Sat Pal Sharma R/o H. No.787 Subash Nagar, Jammu facig tria in fake currency notes.
Brief facts of the prosecution case are that SHO P/S Bakshi Nagar Jammu Inspector Arvind Sambyal sent a docket to P/S Bakshi Nagar, Jammu from naka point Bakshi Nagar 'Puli' for lodging FIR alleging therein that on 24.1.2009 at about 6.30 P.M when he was conducting checking and frisking along with naka party at Bakshi Nagar Puli, one person came from Akhnoor Road side towards Bakshi Nagar, bazaar on motorcycle bearing registration No.JK02P-3134 and the said motorcycle was stopped for checking and the said person disclosed his name as Rajeev Kumar alias Rishu S/o Sat Pal R/O H. N0.787 Subash Nagar, Jammu and on searching the said person, 21 fake/counterfeit currency notes of rupee one hundred denominations, total amounting to Rs. 2100/- were recovered from the possession of said person and the said person has kept the said fake/counterfeit currency notes for deceiving the general public which prima facie disclose the commission of offences u/ss 489-C and 420 RPC.
Court after hearing Advocate Kousal Parihar appearing for the accused person observed that there are glaring contradictions between the statements of Pws No. 1 to 6 about recovery of fake currency notes from the possession of the accused. There are also contradictions in the statements of these witnesses about the recording of the recovery and seizure memo and packing and sealing of fake currency notes. There are also glaring contractions about the disclosure statement made by the accused and recovery of the seized machine and other material from the house of the accused on the alleged disclosure statement made by the accused. Hence, the recovery and seizure memos pertaining to 21 fake/counterfeit currency notes of rupee one hundred denominations as well as disclosure treatment and recovery memo pertaining to recovery and seizure of machine and other material from the house of the accused are also doubtful and cannot be believed and relied.
For the aforesaid reasons and circumstances, Court found that the prosecution has failed to bring the charge home to the accused beyond reasonable doubt by leading clear, cogent and reliable evidence. Hence, the accused is entitled to the benefit of doubt. Accordingly, the present challan is dismissed and the accused is acquitted of the commission of offences for which he was charged in the present case. JNF

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