Srinagar, Oct 26: The Srinagar Court has acquitted two persons in 2013 fake currency case, observing “serious lapses in mandatory requirements,” which undermined the prosecution’s case.
After hearing prosecution and defence counsel Advocate Maroof Khan, the Court of First Additional Sessions Court, Srinagar, presided over by Khursheed-ul-Islam, said that lack of a clear chain of custody and procedural irregularities weakened the prosecution’s case, ultimately leading to the acquittal.
In 2013, Parimpora Police apprehended Mohsin Hassan Peer and Abdul Majeed Sheikh and allegedly recovered Rs. 1.75 lakh from their possession.
Court observed that all four prosecution witnesses produced were police personnel who themselves were involved in the 2013 operation. However, the court observed discrepancies in their statements regarding the recovery and seizure of the currency.
“The overall position of the prosecution case is that the prosecution evidence is weak, fragile and crispy and does not inspire the confidence in the mind of court, rather it creates doubt in the mind of court and that benefit of doubt will certainly tilt in favour of accused persons,” court said.
Court added that on the other hand the accused persons have succeeded in searching the silver line so as to escape from the clouds of conviction hovering on their heads.
“Further, the evidence that came against the accused persons does not answer the necessary ingredients of the offence with which they are charge sheeted. Hence prosecution has not been able to prove its case to the hilt against the accused persons,” court said.
Court added the prosecution evidence has neither quality nor credibility and also qualitatively and quantitatively insufficient to prove the guilt of accused persons beyond any pale of doubt.
The Investigating Officer and a Forensic Science Laboratory expert, key figures in establishing the authenticity of the currency, were not produced before court as witnesses. The absence of the IO’s testimony led the Court to highlight “serious lapses in mandatory requirements,” which undermined the prosecution’s case.
The court questioned the credibility of the investigation, emphasizing that the seized currency was not sealed on-site, raising doubts about its authenticity.
While referring to various provisions of law and Supreme Court judgments, the Court said that the lack of a clear chain of custody and procedural irregularities weakened the prosecution’s case, ultimately leading to the acquittal.
“The prosecution evidence is weak, fragile, and does not inspire confidence. The accused are acquitted,” the Court added.
As per prosecution, in December 2013 Police at a checkpoint in Parimpora apprehended Peer and Sheikh, recovering what was claimed to be counterfeit currency totalling Rs. 1.75 lakh. The accused were subsequently charged under Sections 489-B and 489-C of the Ranbir Penal Code (RPC) for allegedly trafficking and possessing fake currency. [KNT]
Referral Judges must refer right case at right time: Justice Rajnesh Oswal
Srinagar, Sep 6: A one day training programme for the Referral Judges was conducted Sunday at the Jammu & Kashmir...
