C. RONALD & ANR. v. STATE, U.T. OF ANDAMAN & NICOBAR ISLANDS

The following order of the Court was delivered B

ORDER

1Copy pinpoint1. Heard learned counsel for the parties.

2Copy pinpoint2. This Appeal has been filed against the impugned c judgment dated 01.10.2004 passed by the Calcutta High Court, Circuit Bench at Port Blair, in Criminal Appeal No. 31 of 2002. _)

3Copy pinpoint3. The facts have been set out in great detail in the impugned judgment and hence we are not repeating the same D here except wherever necessary.

4Copy pinpoint4. It appears that on 26.11.1997 Sub Inspector Abdul Salam received a secret information that in the evening of 25.11.1997 C. Ronald, appellant No. 1 herein, participated in E a gambling. Some hundred rupees notes which were sought to be used by him in the gambling were not accepted by the ~ co-gamblers on the ground that they were fake, whereafter Ronald left the place. He was searched by S.I. Abdul Salam and fake currency notes of Rs. 100 denomination were recovered from his chest pocket. Panchnama was prepared F and he was arrested. During interrogation Ronald disclosed the name of other co-accused. One Arun disclosed the name of R. Anil Kumar, appellant No. 2 herein.

5Copy pinpoint5. Disclosures made by Arun and Anil Kumar were also G 'I ' referred to in the impugned judgment. During the investigation 42 fake notes were recovered from the house of Ronald wrapped in a red handkerchief from inside a shoe. Each of these notes bore the same serial number. Some fake currency notes were given by Anil to Arun, who tore them up and threw H

p. 1070 Copy page pinpoint

I\ them into a toilet, where these torn pieces were recovered from the septic tank.

6Copy pinpoint6. The trial court acquitted the accused persons, but the High Court has reversHd that judgment and convicted the 8 accused persons.

7Copy pinpoint7. Mr. Shanti Bhushan, learned senior counsel appearing for the appellants, contends that the trial court having taken a view and acquitted the appellants, the High Court ought not to have reversed the same. He has relied upon a decision of this C Court in Shingara Singh 'VS. State of Haryana, (2003) 12 SCC 758 [para 26], wherein it was observed :- "... It is well settled that in an appeal against acquittal the \ ... High Court is entitled to re-appreciate the entire evidence D on record but having done so, if it finds that the view taken by the trial court is a possible reasonable view of the evidence on record, it will not substitute its opinion for that of the trial court. Only in cases where the High Court finds that the findings recorded by the trial court are unreasonable or pervE~rse or that the court has committed E a serious error of law, or where the trial court had recorded its findings in ignorance of relevant material on record or by taking into consideration evidence which is not admissible, the High Court may be justified in reversing the order of acquittal..." F

8Copy pinpoint8. Mr. Shanti Bhushan has also shown us some other decisions which have taken the same view.

9Copy pinpoint9. In this connection WE~ would like to say that a judgment G of a court of law should not be read as a Euclid's theorem nor as a provision in a statute, vide Bharat Petroleum Corporation •• vs. N.R.- Vairamani, AIR 2004 S.C. 4778 (vide paragraphs 9 to 12), Dr. Rajbir Singh Dalal vs. Chaudhary Devi Lal University J.T. 2008 (8) S.C. 621, etc. H

C. RONALD & ANR. v. STATE, U.T. OF ANDAMAN &1071 NICOBAR ISLANDS ; ;

10Copy pinpoint10. Section 386 (a) Cr.P.C. states that the appellate court A may: "in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law". B

11Copy pinpoint11. A perusal of Section 386(a) Cr.P.C. shows that no restrictions have been placed by the Statute on the power of the appellate court to reverse an order of acquittal and convict the accused. c

12Copy pinpoint12. As observed by this court in Vemareddy Kumaraswamyreddy & Anr. vs. State of A.P. JT 2006(2) 361 (vide para 17) where the words were clear, there is no scope ...) for the court to innovate or take upon itself the task of amending or altering the statutory provisions. D

13Copy pinpoint13. In Union of India & Anr. vs. Deoki Nandan Aggarwal 1992 Supp (1) SCC 323 (vide para 14), it was observed : "It is not the duty of the court either to enlarge the scope of the legislation or the intention of the legislature when the E language of the provision is plain and unambiguous. The court cannot rewrite, recast or reframe the legislation for the very good reason that it has no power to legislate. The power to legislate has not been conferred on the courts. • The court cannot add words to a statute or read words into it which are not there". F

14Copy pinpoint14. Since the language of Section 386(a) Cr.P.C. is clear and it places no restrictions on the power of the appellate court to convert an order of acquittal into a conviction, we cannot place restrictions on this power for that would really be G amending the statute.

15Copy pinpoint15. No doubt, it has been held in certain decisions of this court that there should be good and compelling reasons for the appellate court to convert an order of acquittal into a conviction, but these decisions have been carefully considered in the three- H;

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I • A Judge Bench of this court in Sanwat Singh & Ors. vs. State of Rajasthan AIR 1961 SC 715 (vide para 9) wherein it was observed: "The foregoing discussion yields the following results: (1) an appellate court has full power to review the evidence . B upon which the order of acquittal is founded; (2) the principles laid down in Sheo Swarup's cse 61 Ind App 398: [(AIR 1934 PC 227 (2)) afford a correct guide for the appellate court's approach to a case in disposing of such an appeal; and (3) the different phraseology used in the c judgments of this Court, such as, (i) "substantial and compelling reasons", (ii) "good and sufficiently cogent reasons", and (iii) "strong reasons", are not intended to curtail the undoubted power of an appellate court in an appeal against acquittal to review the entire evidence and • - D to come to its own conclusion; but in doing so it should not only consider every matter on record having a bearing on the questions of fclct and the reasons given by the court below in support of its order of acquittal in its arriving at a conclusion on thos.e facts, but should also express those E reasons in its jud1~ment, which lead it to hold that the acquittal was not justified".

16Copy pinpoint16. In Salim Zia vs. State of Uttar Pradesh AIR 1979 SC • 391 (vide para 12) it was observed by this Court: • F "1. The High Court in an appeal against an order of acquittal under S.417 of the Code of Criminal Procedure, 1898 has full poweir to review at large the evidence on which the order of c:1cquittal was founded and to reach the conclusion that upon the evidence, the order of acquittal should be reversed. G

2. The different phraseology used in the judgments of this •• Court such as -- (a) 'substantial and compelling reasons'; H (b) 'good and sufficiently cogent reasons';

C. RONALD & ANR. v. STATE, U.T. OF ANDAMAN & 1073 NICOBAR ISLANDS ; I (cc) 'strong reasons', A are not intended to curtail or place any limitation on the undoubted power of an appellate court in an appeal against acquittal to review the entire evidence and to come to its own conclusion as stated above but in doing ~ , so it should give proper consideration to such matters as B (i) the views of the trial Judge as to the credibility of the witnesses; (ii) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquitted at his trial; (ii) the right of the accused to the benefit of any real. and reasonable c doubt; and (iv) the slowness Of an appellate Court Jn disturbing a finding of fact arrived at by a judge who had the advantage of seeing the witnesses." J

17Copy pinpoint17. Moreover, in the present case, it has been observed by the High Court in the impugned judgment that :- "We have already demonstrated that the view taken by the learned Sessions Judge is not a possible view on the state of evidence. On the contrary, we have amply demonstrated above that the learned Sessions Judge excluded from consideration the evidence which was there. He fell into grievous error in appreciation of the evidence and misdirected himself; entertained a doubt for which there "' was no foundation and expressed his helplessness because the witnesses particularly the seizure witnesses turned hostile and refused to tell the court the truth. Attempt on his part was lacking to marshal the evidence; to remove the grain from chaff; to take the help of that part of the evidence of the hostile witnesses which support the case of the prosecution. He commented upon insincerity of the investigating agency but did not put to use the material •• which was before him. We feel no hesitation in holding that the learned Sessions Judge was wrong and therefore we have reappraised the evidenee and come to the conclusion indicated above. n H

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18Copy pinpoint18. Hence, we do not agree with submission advanced by I ' Mr. Shanti Bhushan.

19Copy pinpoint19. Mr. Shanti Bhushan then submitted that the statement under Section 164 Code of Criminal Procedure was wrongly taken int() consideration. B • .

20Copy pinpoint20. In the present cas4~, the person who made the statement under Section 164 Cr.P.C. also gave evidence before the trial court ancl was declared l1ostile. He was confronted with his statement under Section 164 Cr.P.C. only to show that his c turning h()stile was not bo1na fide. However, even if we ignore the statement under Section 164 Cr.P.C., we see no reason to disbelieve the police witnesses.

21Copy pinpoint21. There is no princiiple of law that a statement made in court by a police personnel has to be disbelieved. It may or may \.i.. D not be believed. It is not that all policemen will tell lies. There are good and bad people in all walks of life. There are good and bad police men as well. We cannot assume that every statement. of a policeman is necessarily false.

22Copy pinpoint22. In the present cai)e, there is nothing to show that the E policemen were making false statements in the court. They had no enmity with the accused.

23Copy pinpoint23. Mr. Shanti Bhushan submitted that it is possible that these policemen demand1ed some money from the accused • which they did not give and hence they were falsely implicated. • F

24Copy pinpoint24. This case was nolt set up by the accused at any point of time and no such suggestion was even made in the cross- examination.

25Copy pinpoint25. It is next submitted by Mr. Shanti Bhushan that evidence adverse to the appellants was not put to them in their examinati<m under Section 313 Cr.P.C. ••

26Copy pinpoint26. This aspect has been considered by the High Court which has held that no prejudice has been caused to the accused on this account.

C. RONALD & ANR. v. STATE, U.T. OF ANDAMAN &1075 NICOBAR ISLANDS i l

27Copy pinpoint27. It is on record that fake currency notes are in wide circulation in Andaman and Nicobar Islands. The banks have stated that common people have often complained in this connection vide Exts. 21, 22 and 11. Witnesses have also been .. , examined on that account. B

28Copy pinpoint28. There is sufficient evidence on record (discussed in detail by the High Court) to prove the guilt of the accused beyond reasonable doubt.

29Copy pinpoint29. Making or circulating fake currency • is a serious offence. We see no reason to take a lenient view in the matter. c

30Copy pinpoint30. However, in the facts and circumstances of the case, while upholding the conviction of the appellants we reduce the _j period of sentence to five years rigorous imprisonment.

31Copy pinpoint31. By order dated 18.03.2005 this Court has granted bail to the appellants . . 32. If the appellants have not served out sentence of five years rigorous imprisonment as awarded by us, then their bail bonds shall stand cancelled and they shall be taken into · custody forthwith to complete the sentence of five years rigorous imprisonment as awarded by us. Any period of incarceration in jail which the appellants have already . undergone shall be deducted from the aforesaid period of five JJ years rigorous imprisonment.

33Copy pinpoint33. If the appellants have already served out sentence of five years rigorous imprisonment, then their bail bonds shall stand discharged accordingly.

34Copy pinpoint34. For the reasons stated above, the appeal is disposed of accordingly. .... ., ,, G B.B.B. Appeal disposed of.