Partly allowed

Nasir Ahmad v. State of Uttaranchal

Uttarakhand HC29 Oct 2013CRLA/1974/2001

Case brief

AI extract

What is this about?

High Court disposed of two criminal appeals convicted of forgery and counterfeit currency. Court affirmed conviction but reduced aggregate rigorous imprisonment from 17 years to 10 years (5 years for each grave offence) considering family circumstances.

What did the court decide?

Conviction affirmed. Sentence reduced to total 10 years rigorous imprisonment for both; fine maintained. Bail cancelled and surrender directed.

Nasir Ahmad Vs State of Uttaranchal — Criminal Trial and Appeal | Uttarakhand HC (2013)

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HIGH COURT OF UTTARAKHAND AT NAINITAL

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Criminal Appeal No.1977 of 2001

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Smt. Mah Mudan … Appellant vs.

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State of Uttarakhand … Respondent

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AND

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Criminal Appeal No.1974 of 2001

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Nasir Ahmad … Appellant vs. State of Uttarakhand … Respondent

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Mr. Vinod Sharma, Amicus Curiae present for the appellants. Mr. Suhail Ahmad Siddiqui, A.G.A. with Mr. S. S. Adhikari, Brief Holder present for the State.

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Hon’ble U. C. Dhyani, J. (Oral)

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Since both these criminal appeals arise out of the same judgment, therefore, they are being decided by this common judgment for the sake of brevity and convenience.

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On the basis of information given by PW5 Kulbhushan, an FIR was lodged by PW6 S.I. R.K. Chauhan against the accusedappellants on 22.04.1999 at Kotwali Sadar, Dehradun, which was registered as case crime no.277/1999 under Section 489C IPC.

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After the investigation, a charge-sheet (Ex.Ka-23) was submitted against them for the offences punishable under Sections 420, 489B & 489C IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it’s case, charge was framed against the accused-Nasir Ahmad for the offence punishable under Section 489C IPC. Charge against the appellant-Smt. Mah Mudan was framed for the offences

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punishable under Sections 489B & 489C IPC. Accusedappellants pleaded not guilty to the charges and claimed trial.

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PW1 S. S. Panwar, PW2 M. S. Chahaliya, PW3 Vishal Mittal, PW4 Ajay Mishra, PW5 Kulbhushan, PW6 S.I. R.K. Chauhan, PW7 S.I. Bhagwat Singh, PW8 Atul Kumar, PW9 Jitendra Singh Rawat, PW10 Constable Hakim Singh and PW11 Smt. Santosh Kumari were examined on behalf of the prosecution. Incriminating evidence was put to the accusedappellants under Section 313 Cr.P.C., in reply to which they said that they were falsely implicated in the case and there was no recovery from their possession. No evidence was given in defence.

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After considering the evidence on record, appellant-Nasir Ahmad was held guilty and convicted under Section 489C IPC and was sentenced to undergo rigorous imprisonment for 7 years alongwith a fine of Rs.2000/-. In default of payment of fine, accused-Nasir Ahmad was directed to further undergo rigorous imprisonment for six months. Co-accused Smt. Mah Mudan was convicted under Section 489B IPC and was sentenced to undergo rigorous imprisonment for 10 years alongwith a fine of Rs.2000/-. In default of payment of fine, accused-Smt. Mah Mudan was directed to undergo rigorous imprisonment for further six months. Accused-Smt. Mah Mudan was also convicted under Section 489C IPC and was sentenced to undergo rigorous imprisonment of 7 years alongwith a fine of Rs.2000/-, vide judgment and order dated 13.11.2001.

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Aggrieved against the same, present criminal appeals were preferred by the accused-appellants.

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PW1 S. S. Panwar was the Deputy Manager (Cash) of the State Bank of India, Main Branch, Dehradun on the relevant date. Apparently it looked to PW1 that the currency notes recovered from the possession of accused-appellants were fake. He, therefore, recommended for verification of these currency notes from the Reserve Bank of India (R.B.I.) as to whether the currency notes were fake or genuine.

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PW2 M. S. Chahaliya was working as Manager in the R.B.I. on 02.06.2000. He proved the report of the R.B.I., Kanpur Branch and said that the currency notes which were sent to the R.B.I. for verification, were forged. PW2 concurred with the opinion of the Treasurer that the currency notes referred to them for examination were forged. PW3 Vishal Mittal was the shopkeeper, who said that about a year ago (from the date of his deposition) a parda-nasheen woman (Smt. Mah Mudan) was apprehended by the public as she was found in possession of currency notes which appeared to be forged.

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PW4 Ajay Mishra was also the shopkeeper, but he did not support the prosecution story and was declared hostile. PW5 Kulbhushan was also the shopkeeper, who supported the oral testimony of PW3. He proved his complaint (Ex.Ka-2) on the basis of which criminal law was set into motion by registering a case against the accused persons. PW5 was the President of Gururam Rai Market Shopkeepers’ Committee, Dehradun.

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PW6 S.I. R.K. Chauhan was the reporter of FIR. He lodged the FIR on the basis of information received from PW5 Kulbhushan. He proved the recovery memo of currency notes (Ex.Ka-3). Having found a prima facie case against the accused persons, he registered the FIR. PW6 also proved another

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recovery memo (Ex.Ka-5). While supporting the prosecution story, PW6 said that fake currency notes were found from the possession of the accused persons.

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PW7 S.I. Bhagwat Singh conducted the investigation of the case and inspected the house of accused Nasir Ahmad. He proved various papers, i.e., passports, forms of passport & site-plan (Ex.Ka-12 to Ex.Ka-16). He also proved the extract of visitor register of Prince Hotel (Ex.Ka-17). Police remand of the accused persons, who were husband and wife, was taken and entry of the same was made in the G.D. The opinion of the R.B.I. was taken. Site-plan of the shops (Ex.Ka-22) was also prepared. Statements of the witnesses were taken and after being satisfied that the accused persons have committed offence, PW7 submitted a charge-sheet (Ex.Ka-23) against the accused persons.

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PW8 Atul Kumar was the owner of brick-kiln at Muzaffarnagar, where the present accused-appellants were serving. PW8 was the witness of recovery of passports of accused-appellants (Ex.Ka-12 & Ka-14). PW9 Jitendra Singh Rawat was the receptionist of Prince Hotel in the year 1997 and proved the visitor register of Prince Hotel (Ex.Ka-17). PW10 Constable Hakim Singh proved the complaint (Ex.Ka-2) and recovery memo of currency notes (Ex.Ka-3). PW11 Smt. Santosh Kumari, a female police constable conducted search of female accused Smt. Mah Mudan and found one rexine bag alongwith 20 currency notes of the denomination of Rs.500. PW11 also proved the recovery memo of such fake currency notes. She also proved the recovery memo (Ex.Ka-5 & Ka-6) of currency notes from the accused-Nasir Ahmad.

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It was admitted by Smt. Mah Mudan that she worked in the brick-kiln of PW8 at Muzaffarnagar. She further admitted under Section 313 Cr.P.C. that she alongwith her husband (appellantNasir Ahmad) stayed at Prince Hotel on 20.04.1999. Nasir Ahmad also admitted that he worked in the brick-kiln of PW8 and stayed in Prince Hotel on 20.04.1999. Although, he denied recovery of fake currency notes from his possession, but admitted recovery of passport by the police. He stated that the police personnel considered him to be an agent of Pakistan and, therefore, he was falsely implicated in the case. All the prosecution witnesses were cross-examined by the learned defence counsel, but to no avail. Nothing has come in their cross-examination to suggest that their testimony should be treated with suspicion. There was nothing on record to suggest that the prosecution witnesses were telling a lie. PW1 was the Deputy Manager of State Bank of India, who suggested PW6 S.I R. K. Chauhan to get the currency notes examined by RBI. PW2 was a senior officer working in the RBI, who proved the report of the R.B.I., Kanpur Branch which indicated that the currency notes which were sent for verification were forged. The fake currency notes were exhibited before the trial court. There is no question to differ from the opinion given by an expert body, like RBI in the matter of genuineness of currency notes. PW5 was heading a society / committee of shopkeepers at Dehradun. On the basis of the complaint (Ex.Ka-2) of PW5, a search of appellant-Smt. Mah Mudan was taken and fake currency notes were found in her possession. PW5 also proved the recovery memo of fake currency notes from the possession of Smt. Mah Mudan, whose personal search was made by lady police constable PW11. Incriminating articles were found in possession of Smt. Mah Mudan’s husband (i.e. accused Nasir Ahmad). PW6 recovered fake currency notes from the possession of

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accused Nasir Ahmad from Prince Hotel, Dehradun. PW6 proved such recovery. PW7 proved that the accused persons were working in the brick-kiln of PW8 at Muzaffarnagar. During the course of search, PW7 found the passports of accused persons. PW7 was the subsequent investigating officer, who submitted charge-sheet against the accused persons. PW8 was the owner of the brick-kiln in whose establishment the accused persons were working at Muzaffarnagar. PW9 proved the entry register of the Prince Hotel. He was working as receptionist on the date when the incident took place. PW5, who was the shopkeeper of the locality, supported the oral evidence of PW3. PW11 (lady police personnel) conducted personal search of accused-Smt. Mah Mudan. The ingredient of the offences complained of against the accused persons were proved beyond a shadow of reasonable doubt.

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The prosecution evidence was correctly discussed and appreciated by learned trial court. The court below rightly came to conclusion that the charges against the accused persons were proved. Nasir Ahmad was rightly held guilty of the charge under Section 489C IPC and so the case of accused-Smt. Mah Mudan who was held guilty of charges under Sections 489B and 489C IPC. This Court also assessed the prosecution evidence independently to come to the conclusion that the charges against the accused-appellants were proved to the hilt. No interference is, thus, called for in the impugned judgment and order. The conviction of the accused-appellants awarded by the trial court is affirmed.

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Learned Amicus Curiae for the appellants submitted that appellant-Smt. Mah Mudan was having 2½ years old child when the incident took place and hence a lenient view should be taken

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against her. Learned Amicus Curiae for the appellants prayed that since appellant-Nasir Ahmad and appellant-Smt. Mah Mudan are husband and wife respectively, the term of sentence awarded to both appellants be reduced.

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Taking into account the whole conspectus of things, it looks proper if the period of sentence is reduced. The impugned judgment and order is, therefore, modified to the extent that appellant-Nasir Ahmad shall undergo rigorous imprisonment for five years alongwith a fine of Rs.2,000/- (Rupees Two Thousand only) for the offence under Section 489C IPC. In default of payment of fine, he will have to undergo Simple Imprisonment for further six months. Appellant-Smt. Mah Mudan shall undergo rigorous imprisonment for 5 years alongwith a fine of Rs.2,000/- (Rupees Two Thousand only) for the offence under Section 489C IPC. In default of payment of fine, she will undergo Simple Imprisonment for further six months. AppellantSmt. Mah Mudan is also directed to undergo rigorous imprisonment for 5 years alongwith a fine of Rs.2,000/- (Rupees Two Thousand only) for the offence under Section 489B IPC. In default of payment of fine, she will undergo Simple Imprisonment for further six months. The sentences awarded to the accused-appellants shall run concurrently. The period of detention already undergone by the accused-appellants shall also be adjusted while computing the sentence awarded by this Court.

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Criminal appeals preferred by the accused-appellants are, therefore, dismissed with the above observations and modification in the sentence. The accused-appellants are on bail. Their bails are cancelled. They are directed to surrender before the Court concerned forthwith to serve out the sentence awarded to them by this Court.

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Let a copy of this judgment alongwith the lower court record be sent to the court below for ensuring compliance as above.

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(U. C. Dhyani, J.)

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Dated 29^th October, 2013

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Rawat

Nasir Ahmad v. State of Uttaranchal

Case brief

What is this about?

What did the court decide?

Nasir Ahmad v. State of Uttaranchal

Case brief

What is this about?

What did the court decide?

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