Shakila v. The State of NCT of Delhi

1. Shakila (A-1) and Aflaq Ahmad @ Babu (A-2) were arrested in case FIR No. 245/2007 under Sections 489B/489C IPC registered at PS Gokal Puri and sent for trial. Prosecution case as projected in the chargesheet was that on 11.01.2007, Insp. Yogesh Malhotra received a secret information at about 04.30 P.M. that one lady Shakila (A-1) was engaged in the business of buying and selling of fake currency notes in Mustafabad. Daily Diary (DD) No. 8 was recorded in this regard. A raiding team was constituted and at about 05.20 P.M., A-1 was apprehended when she was coming out with a polythene bag from her House No. 878, Gali No. 15, Nehru Vihar, Mustafabad. On checking, the bag contained fake currency notes to the tune of ` 62,600/- in the denomination of ` 100 /- and ` 50/-. Pursuant to her disclosure statement, A-2 was apprehended on 12.04.2007 near her house. He was also found in possession of fake currency notes of ` 12,000/- in the denomination of ` 100/- and ` 50/-. During the course of investigation, statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was submitted against both the appellants; they were duly charged and brought to trial. The prosecution examined ten witnesses to prove their guilt. In 313 statements, the appellants denied their complicity in the crime and claimed innocence. The trial resulted in their conviction.

2. During arguments, appellants’ counsel on instructions stated at Bar that the appellants have given up challenge to conviction and accept it voluntarily. However, prayer was made to modify the sentence order as the appellants have undergone substantial portion of the substantive sentence awarded to them. Learned Addl. Public Prosecutor has no objection if the substantive sentence awarded to the appellants is reduced to a reasonable extent.

3. Since the appellants have opted not to challenge the findings on conviction as recorded by the Trial Court and accept it voluntarily in view of the overwhelming evidence whereby counterfeit currency notes were recovered from their possession, their conviction under Sections 489C IPC stands affirmed. A-1’s nominal roll dated 06.09.2013 reveals that her detention period till 06.09.2013 was two years, three months and twenty two days besides remission for seven months and twenty five days. She is not involved in any other criminal case and has clean antecedents. Her overall jail conduct was satisfactory. She is aged about 62 years. It is further informed that she is suffering from various ailments. Considering the mitigating circumstances, the sentence order is modified and A-1 is ordered to undergo RI for four years with fine ` 10,000 /- and failing to pay the fine to undergo SI for one month under Section 489C IPC. A-2’s nominal dated 04.02.2014 reveals that he has suffered custody for two years, eight months and six days besides remission for seven months and twenty days as on 04.02.2014. He is also not involved in any other criminal case and has clean antecedents. His overall jail conduct is satisfactory. It is informed that he has old parents to maintain them besides his own family. Considering the mitigating circumstances, the sentence order is modified and A-2 is ordered to undergo RI for four years with fine ` 10,000 /- and failing to pay the fine to undergo SI for one month under Section 489C IPC.

4. Appeals stand disposed of in the above terms. Pending application also stands disposed of. Trial Court record be sent back forthwith. A copy of the order be sent to the Superintendent Jail for information.

JUDGE FEBRUARY 14, 2014 / tr