If Evidence Of Official Witnesses Inspire Confidence, Lack Of Corroboration By Hostile Independent Witnesses Will Not Affect Prosecution Case: Calcutta HC

The Calcutta High Court has recently observed that if the evidence of official witnesses inspire confidence then the absence of corroboration by independent witnesses who have turned hostile will not make a dent in the prosecution case. 

A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi was adjudicating upon a case involving the seizure of fake currency notes. The Court underscored, 

"It is settled law if the evidence of the official witnesses are clear, convincing and inspire confidence, lack of support from the independent witnesses who have been won over and had turned hostile would not make a dent in the prosecution case. Hence, I am of the opinion, seizure of counterfeit notes suspected to be forged valued at Rs. 8 lakhs from the appellant and Rs. 2 lakh from the juvenile accused has been proved."

Background

The appellant had challenged the order dated March 30, 2016 passed by the concerned Sessions Court convicting him for the commission of offences punishable under Section 489B (Using as genuine, forged or counterfeit currency-notes or bank-notes) and Section 489C (possession of forged or counterfeit currency-notes or bank-notes) of the IPC. 

On November 4, 2014 the S.I. of BSF at Baisnabnagar Police Station had received secret information that two persons are going from Malda to NTPC with fake Indian currency notes. He along with others went to the local police station and with police force proceeded towards the Township More. At that spot, they found two persons sitting in a tailor shop.

Upon search, eight bundles of currency notes suspected to be fake in denomination of Rs.1000 (each bundle containing 800 pieces) valued at 8 lakhs wrapped in a coffee colour cloth bag was recovered from the appellant Habibur Rahaman and two bundles of fake Indian currency notes in denomination of Rs.1,000 and Rs. 500 (one bundle containing 176 pieces and another containing 48 pieces respectively) valued at Rs. 2 lakhs was recovered from his nephew, Nasiruddin Sheikh, who was a juvenile at the time of occurrence.

The suspected currency notes were seized under a seizure list and the aforesaid miscreants were arrested. Seized notes were sent for examination and upon receipt of the report from the expert, charge-sheet was filed against the appellant and the juvenile. Case of the juvenile was sent to the Juvenile Justice Board while the appellant was tried in regular court.

During the proceedings before the High Court, the counsel appearing for the appellant argued that there are grave contradictions in the evidence of the official witnesses. It was contended that while one official stated that he had found the accused persons sitting in a tailor shop at township more where they were searched, another official had deposed that they were found loitering near PTS More and were subsequently searched. It was also submitted that there is variation with regards to the time when the search operation commenced.

Observations 

The Court noted that all the witnesses had deposed that the seizure list had been prepared at the spot and had also signed on the seizure list. It was further noted that in the seizure list, the place of seizure has been described as "township area" approximately 1.6 km from BNHQ and 2.5 km from Baishnabnagar. 

It was further averred that the contents of the seizure list have not been challenged. Opining that the evidence of the two police officers (P.W. 1 & P.W. 7) have to be assessed taking into consideration other evidence of record, the Court remarked further, 

"P.W. 1 and other witnesses have clearly proved the place of occurrence as Township More. Version of P.W. 7 with regard to place of occurrence is, therefore, to be assessed in the backdrop of other evidence on record. As appearing from the sketch map, western side of Township is described as PTS area, hence, P.W. 7 may have loosely described the place of occurrence as PTS More. Version of P.W. 7 with regard to place of occurrence is clearly reconciliable with regard with other evidence on record and does not affect the credibility of the prosecution case."

It was further held that a minor variation with regards to the time of commencement of raid is of little consequence when the all the witnesses have reached a consensus regarding the search and seizure of FICNs from the appellant. Accordingly, it was observed that the evidence of the official witnesses have proved the prosecution case.

Dismissing the contention that the two independent witnesses have not supported the prosecution case, the Court underscored further, 

"Both of them appear to have been won over and stated in a parrot-like manner they had signed the seizure list in the police station. Falsehood in their deposition was clearly exposed when they were confronted with their earlier statements to the police."

Thus, the Court held that the seizure of counterfeit notes suspected to be forged valued at Rs. 8 laks from the appellant and Rs. 2 lakh from the juvenile accused has been proved.

Case Title: Habibur Rahaman v. State of West Bengal

Case Citation: 2022 LiveLaw (Cal) 64 

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