Bombay High Court Decides Man's Appeal A Year After He Completed Punishment Of 10 Yrs Imprisonment, Reduces Sentence

The bench of Justice PD Naik upheld Luthpura Shaikh's conviction only for seven years regarding possession of counterfeit currency (489-B of IPC) and acquitted him for graver charges attracting the 10-year-sentence.

This means, Shaikh, lost at-least 3-years in prison. Anwarbibi Mujibul Shaikh, who had also filed an appeal was acquitted of all charges.

"The report tendered by learned Additional Public Prosecutor received from Nashik Road Central Prison dated 27th February, 2021, mentions that accused no.3 (Appellant no.1) has undergone the sentence and he has been released from prison on 4th May, 2021. The report is taken on record."

Facts of the Case

According to the prosecution, The DCB CID-Unit IX arrested Shaikh on February 7, 2012 in a trap along with two others after he was found in possession of 100 counterfeit notes of Rs. 1,000. On the basis of information given by a co-accused, Anwarbibi and two others were apprehended. She was found in possession of 30 counterfeit notes of Rs. 500.

More notes were recovered at Anwarbibi's behest. She said the notes were brought for circulation from West Bengal. With three accused absconding, the trial was conducted only against the present appellants.

They were acquitted of the gravest charge under 489-A IPC of processing counterfeiting currency after the judge noted that no instrument or equipment was found from them. The Sessions Court on December 7, 2015 held them guilty for using fake notes as genuine and for possession.

The court convicted them for the offences punishable under Sections 489–B and 489–C read with 120–B of Indian Penal Code. They were sentenced to 10 years, 7 years and 3 years respectively for each of the offences along with a total fine amount of Rs 38,000.

The accused approached the Bombay High Court assailing this order.

Advocate Neville Deboo for the defence submitted that there was no evidence to convict the accused as independent witnesses were not examined and there are several contradictions in witness statements. There no evidence regarding where Anwarbibi was arrested from or what was found on her.

APP SP Gavand for the police submitted that under 106 of the Evidence Act it was for the accused to explain possession. Moreover, Anwarbibi had led to the police to the stash, therefore she cannot distance herself from the money.

After examining the deposition of seven witnesses the court concluded that only one charge for possession of counterfeit notes was applicable against Shaikh.

Case Title: Mohd. Luthpura Vajidali Shaikh vs State of Maharashtra

Citation: 2022 LiveLaw (Bom) 171

Click Here To Read/Download Judgment