Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court

A single judge bench of Justice Anuja Prabhudessai while acquitting two accused of possessing counterfeit currency in Mach 2016, said, "The prosecution having failed to establish the guilt of the accused persons beyond reasonable doubt, the conviction cannot be based solely on the explanation given by the accused No.1 in his statement under Section 313 of the Criminal Procedure Code."

The convicts Jabbar Isak Shaikh and others had appealed against the sessions court order dated 21st January 2019, by which they were held guilty of offences under Sections 489 (B) and 489 (C ) read with 34 of Indian Penal Code. They were sentenced to undergo imprisonment for ten years.

Case of the prosecution:

On March 15, 2016, Arif Khan police Naik attached to Sion Police Station received secret information that two persons from West Bengal were in possession of counterfeit notes. He passed on the information to PW-5, Mr. Santosh Gaikwad, A.P.I. at Sion Police Station. PW-5 arranged a trap and he along with PW-1 and other police personnel proceeded near Krushna Bhuvan, Bus Depot, Sion. They saw one person offering a note of Rs.1,000 to a taxi driver and later to the owner of a grocery shop and asking them for change.

The police caught him and undertook search of the said person in presence of panchas and recovered nine notes in denominations of Rs.1,000. Further, the accused No.2 was arrested on 17th March 2016, pursuant to the disclosure statement made by him, 10 currency notes of Rs.1,000 denomination were recovered from his house and seized under Panchanama. The said notes were sent to Currency Press Note, Nashik Road for opinion and they were found to be counterfeit notes.

During the trial the accused pleaded not guilty. The prosecution examined five witnesses and during the recording of the accused statement under section 313, accused Shaikh admitted all the incriminating circumstances against him and accused no 2.

Court findings:

The court analysed the evidence recorded and found that all the witnesses have given a different account of the arrest and seizure of notes from the accused. It said that, "The inconsistency and discrepancy in the evidence of the prosecution witnesses casts a serious doubt on the prosecution case."

Accordingly it held, "Under the circumstances and in view of discussion supra, the impugned judgement and order cannot be sustained." The court quashed and set aside the judgement dated 21st January 2019 and acquitted the accused.

Case Title: Jabbar Isak Shaikh v. State of Maharashtra

Case No: Criminal Appeal No. 1060 of 2019

Date of Order: December 6, 2021

Appearance: Advocate Neville Deboo, for the Appellants; Advocate S. V. Gavand, for Respondent