Raju Alias Ranjeet Kashyap vs State Of Chhattisgarh on 10 July, 2026

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    Chattisgarh High Court

    Raju Alias Ranjeet Kashyap vs State Of Chhattisgarh on 10 July, 2026

    Author: Ramesh Sinha

    Bench: Ramesh Sinha

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    CGHC010133232026                                         2026:CGHC:28855-DB
                                                                      NAFR
    
    
                HIGH COURT OF CHHATTISGARH AT BILASPUR
    
    
                                  CRA No. 940 of 2026
    
    Shobhnath Toppo S/o Shri Tejaram Toppo Aged About 34 Years R/o Tanki
    
    Dafai, Ward No. 15, P.S. Manendragarh, Distt. Korea, Chhattisgarh.
    
                                                                   --- Appellant(s)
    
                                        versus
    
    State Of Chhattisgarh Through The Station House Officer, P.S. Jhagrakhand,
    
    Distt. Korea, Chhattisgarh.
    
                                                                --- Respondent(s)
    For Appellant(s)      :   Mr. R.R.Soni, Advocate.
    For Respondent(s)     :   Mr. Priyank Rathi, Government Advocate.
    
                                  CRA No. 921 of 2026
    
    

    Raju Alias Ranjeet Kashyap S/o Late Narendra Kashyap Aged About 46 Years

    R/o Ward No.3 Dafai No-1 North Jhagrakhand Police Station Jhagrakhand

    SPONSORED

    Police Station Jhagrakhand District- Koriya Chhattisgarh,

    —Appellant(s)

    Versus

    State Of Chhattisgarh Through- The Station House Officer Police Police

    Station – Jhagrakhand District- Koriya Chhattisgarh

    — Respondent(s)

    For Appellant(s) : Mr. Sanjay Pathak, Advocate.

    For Respondent(s) : Mr. Priyank Rathi, Government Advocate.
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    Hon’ble Mr. Ramesh Sinha, Chief Justice
    Hon’ble Mr. Ravindra Kumar Agrawal, Judge

    Judgment on Board

    Per Ramesh Sinha, Chief Justice
    10/07/2026

    1. Heard Mr. R.R.Soni and Mr. Sanjay Pathak, learned counsel appearing

    for the respective appellants. Also heard Mr. Priyank Rathi, learned

    Government Advocate for the State/respondent.

    2. Challenge in this appeal filed under Section 21(1) of the National

    Investigation Agency Act, 2008 is to the judgment of conviction and

    order of sentence dated 11.03.2026 passed in Special Criminal Case

    No. 28/2024 by the learned Special Judge (NIA) (Ambikapur) District

    Surguja, by which the appellants have been convicted and sentenced as

    under:

         Conviction          Jail Sentence      Fine           Default       Jail
         under Section       (Rigorous)                        Sentence (Simple)
                           Appellant-Raju @ Ranjeet Kashyap
         420 of the IPC      1 Year             Rs. 1000/-     3 months
         489(B) of the IPC 4 Years              Rs. 5000/-     1 Year
         489(C) of the IPC 4 Years              Rs. 1000/-     3 Months
                               Appellant-Shobhnath Toppo
         489(C) of the IPC 4 Years              Rs. 5000/-     1 Year
    

    3. Case of the prosecution, in brief, is that the complainant, Sarita Kenwat,

    appeared before Police Station Jhagrakhand, District Korea, and

    submitted a written complaint (Exhibit P-1), stating that she had been

    working as a labourer at the shop of Raju Kashyap for some time. On

    15.09.2019, as she was in need of money, she went to the appellant-

    Raju Kashyap to collect her wages. Raju Kashyap paid her ten currency

    notes of ₹100 denomination each. In the evening, she went to the shop

    of Sushil, a resident of Jhagrakhand, to purchase some goods. She

    tendered one of the ₹100 notes given by Raju Kashyap, and after
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    deducting the price of the purchased goods, the shopkeeper returned

    the balance amount to her. On the next day, at about 8:00 p.m., Sushil

    came to her house and informed her that the ₹100 note with which she

    had purchased the goods was counterfeit. He returned the said note to

    her and advised her to lodge a report at the Police Station. On the basis

    of the said written complaint (Exhibit P-1) submitted by complainant

    Sarita Kenwat, Crime No. 124/2019 was registered at Police Station

    Jhagrakhand under Section 489-B of the Indian Penal Code (Exhibit P-

    22), and investigation was commenced. During the course of

    investigation, the ten currency notes of ₹100 denomination given to the

    complainant were seized vide seizure memo Exhibit P-3. Likewise,

    pursuant to the memorandum statement of accused Raju @ Ranjeet

    (Exhibit P-6), thirteen counterfeit currency notes were seized at his

    instance vide Exhibit P-8. Further, as the accused Ranjit Kumar, in his

    memorandum statement, disclosed the name of Shobhnath, the latter,

    who had already been arrested in another case, was arrested in the

    present case after obtaining permission from the Court, and one day’s

    police remand was obtained. His memorandum statement was recorded

    vide Exhibit P-7, and pursuant thereto, 100 counterfeit currency notes of

    ₹100 denomination each were seized under Exhibit P-9. The place of

    occurrence was inspected and the spot map was prepared (Exhibit P-2).

    The seized counterfeit currency notes were forwarded for examination to

    the Branch Manager, State Bank of India, Khongapani, along with

    forwarding letter (Exhibit P-11), from whom the examination report

    (Exhibit P-15) was received. The seized counterfeit currency notes were

    also sent for examination through the Superintendent of Police,

    Baikunthpur, by application (Exhibit P-20) to the Director, Currency Note

    Press, Dewas (Madhya Pradesh), from whom the examination report
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    (Exhibit P-21) was received. Statements of the witnesses were recorded.

    After completion of the investigation, the final report was submitted

    before the Court of the Judicial Magistrate First Class, Manendragarh,

    District Korea, for the offences punishable under Sections 489-B read

    with Section 34, 489-C and 420 of the Indian Penal Code. The Judicial

    Magistrate First Class, Manendragarh, registered the case as Criminal

    Case No. 24/2020. Since the case was triable by the Court of Session, it

    was committed to the Court of the Second Additional Sessions Judge,

    Manendragarh, District Korea, vide committal order dated 17.03.2020.

    Subsequently, in view of the notification of the State Government dated

    24.09.2024 and the endorsement of the High Court of Chhattisgarh

    dated 26.09.2024, whereby the learned trial Court was notified as an NIA

    Court, the present case was transferred from the Bilaspur to Surguja

    (Ambikapur) and upon receipt, it was registered as a Special Criminal

    Case (NIA) and trial was commenced.

    4. Charges were framed on 21.10.2022, by the then learned Special Judge

    (NIA), Bilaspur, against accused Raju @ Ranjit Kashyap for the offences

    punishable under Sections 489-C, 420 and 489-B of the IPC, and

    against accused Shobhnath Toppo for the offence punishable under

    Section 489-C of the IPC. The accused denied the prosecution

    allegations, pleaded not guilty, and claimed to be tried. They also

    expressed their intention to adduce defence evidence. Accordingly, on

    behalf of accused Raju @ Ranjit, Sampat Kenwat (D.W.-1) was

    examined as a defence witness.

    5. In order to bring home the offence, the prosecution examined as many as

    12 witnesses, namely, Sarita Kenwat (P.W.-1), Sushil Kumar (P.W.-2),

    Doodhnath (P.W.-3), Jai Kumar Rahi (P.W.-4), Arun Avinash Minj (P.W.-
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    5), Manager P.B. Gupta (P.W.-6), Head Constable Shambhunath Yadav

    (P.W.-7), Rajendra Pandey (P.W.-8), Head Constable Danish Sheikh

    (P.W.-9), Head Constable Lalit Kumar Yadav (P.W.-10), Sub-Inspector

    Vivek Kumar Khalkho (P.W.-11), and Inspector Devendra Devangan

    (P.W.-12) and exhibited as many as 23 exhibits.

    6. The accused were examined under Section 313 Cr.P.C. in which either

    they denied the questions or expressed their ignorance. They stated that

    they had been falsely implicated in this case. They stated that they were

    innocent and had been falsely implicated in this case.

    7. The learned trial Court, after considering the statement of witnesses and

    evidence available on record, convicted and sentenced the appellants/

    accused as detailed in the opening paragraph of this judgment. Hence,

    the present appeal by the appellants/convict.

    8. Mr. R.R.Soni, learned counsel for the appellant-Shobhnath Toppo and

    Mr. Sanjay Pathak, learned counsel for the appellant-Raju @ Ranjeet

    Kashyap submit that the appellants are innocent and they have been

    falsely implicated in this case. The learned trial Court failed to properly

    appreciate the oral and documentary evidence in its true perspective

    and has recorded a perverse finding against the appellants. The entire

    prosecution case is based on conjectures and surmises and there is no

    reliable evidence on record. The prosecution has not been able to prove

    the guilt of the appellants beyond reasonable doubt. The defence version

    has not been properly considered and has been rejected without

    assigning any sufficient and cogent reasons. Dudhnath (PW-3) and

    Jaykumar Rathi (PW-4) who are the witnesses related to memorandum

    and seizure proceedings have not supported the case of the prosecution

    on the point of memorandum and seizure from the appellant-Shobhnath
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    Toppo is doubtful. The appellant-Shobhnath was already in jail before

    his arrest in the present case and he was taken on remand and after

    taking permission of his arrest from the Court concerned and thereafter

    his memorandum statement was recorded and 100 fake currency notes

    were allegedly seized from almirah kept in his dwelling house. In so far

    as the case of the prosecution on the point of seizure of 100 fake

    currency notes from the appellant is concerned, there is no evidence on

    record that the almirah and the dwelling house was in exclusive

    possession of the appellant. As such, they pray that the appellants be

    acquitted of the charges. In the alternative, it is prayed that this Hon’ble

    Court may be pleased to show some leniency towards the appellant-

    Shobnath has served more than 2½ years of jail sentence and the

    appellant-Raju @ Ranjeet Kashyap has served jail sentence of about 1

    year and 4 months, and their sentences be reduced to the period already

    undergone by them.

    9. On the other hand, learned counsel appearing for the State/respondents

    submits that the trial Court was fully justified in convicting and

    sentencing the convict/ appellant as mentioned in the opening

    paragraph. There is ample evidence on record to hold the appellants

    guilty of the offence. The order passed by the learned trial Court being

    just and proper needs no interference and the appeal filed by the

    convict/appellant deserves to be dismissed.

    10. We have heard learned counsel for the parties, considered their rival

    submissions made herein-above and went through the records with

    utmost circumspection.

    11.The complainant Kumari Sarita Kenwat (P.W.-1) deposed that she

    worked as a domestic help and labourer for accused Raju @ Ranjeet,
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    whose wife was not residing with him. On the date of the incident, she

    visited the accused’s house to collect her wages. Although she stated in

    her examination-in-chief that she was paid Rs.1,400, her written

    complaint (Ex.P-1) and her admission in paragraph 22 of cross-

    examination establish that she had actually received Rs. 1,000 in ten

    currency notes of Rs. 100 denomination, indicating that the reference to

    Rs.1,400 was a bona fide mistake. She used one Rs.100 note to

    purchase groceries from Sushil’s shop. Later, Sushil informed her that

    when he tendered the same note at a petrol pump in Manendragarh, it

    was found to be counterfeit, and advised her to lodge a police report

    against the person who had paid her the notes. Thereafter, she

    produced the remaining notes before the police and submitted a written

    report (Ex. P-1), pursuant to which the spot map (Ex. P-2), seizure memo

    of ten Rs. 100 notes (Ex. P-3), and identification memorandum (Ex. P-4)

    were prepared. She further stated that accused Shobhnath Toppo

    frequently visited Raju @ Ranjeet and used to supply him with a large

    number of currency notes. During cross-examination, she admitted

    having stated before the police that all the notes bore the same serial

    number. In paragraph 24 of her cross-examination, she clarified that she

    had not personally seen Sushil take the Rs.100 note to the petrol pump

    and, therefore, could not say whether it was the same note; however,

    she consistently maintained that Sushil later informed her that the note

    given by her had been declared counterfeit.

    12.During cross-examination, Sarita Kenwat (P.W.-1) admitted that she did

    not remember the serial numbers of the counterfeit Rs.100 denomination

    notes allegedly given by accused Raju @ Ranjeet. This admission

    appears natural, as an ordinary person cannot be expected to remember

    the serial numbers of currency notes. In her detailed cross-examination
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    from paragraph 35 onwards, she consistently narrates the sequence of

    events without any material contradiction and denied the suggestion that

    the notes produced before the police had been given to her by Sushil.

    She also admitted that the name of accused Shobhnath Toppo was not

    mentioned in her written complaint (Ex. P-1). This omission is not

    material, as the prosecution case itself is that the involvement of

    Shobhnath Toppo came to light subsequently on the basis of the

    memorandum statement of co-accused Raju @ Ranjeet. Since Sarita

    had no direct dealings with Shobhnath Toppo and her interaction was

    confined to accused Raju @ Ranjeet, with whom she worked, the

    omission to mention Shobhnath Toppo in the FIR does not affect her

    credibility.

    13.Sushil (P.W.-2) deposed that in 2019 he was running a grocery shop in

    front of his house at Ward No. 3, Jhagarakhand, and admitted that he

    knew complainant Sarita Kenwat. Although he did not give a clear

    answer as to whether he had taken the Rs. 100 note received from

    Sarita to the petrol pump and denied the remaining prosecution story, in

    paragraph 11 of his deposition he unequivocally admitted that he had

    written the complaint (Ex. P-1) on behalf of Sarita Kenwat. This

    admission establishes that he was aware of the contents of the

    complaint. Whether he wrote it at the instance of the Station House

    Officer or on the instructions of Sarita Kenwat is immaterial; the

    undisputed fact remains that Ex. P-1 was authored by him in his own

    handwriting. Therefore, his subsequent denial of the prosecution case

    does not, by itself, render the testimony of complainant Sarita Kenwat

    unreliable.

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    14.Sushil (PW-2) deposed that he was a laboratory technician. He stated

    that on 16.09.2019 the police came to Jhagarakhand along with Sarita

    Kenwat and asked him to write the written complaint, explaining that

    Sarita was illiterate and that a complaint written by the police would not

    be acceptable. Accordingly, he wrote the application as instructed. He

    also admitted that, by village relationship, Sarita addressed him as her

    “Mama” (maternal uncle). Despite these admissions, he denied the

    remaining contents of the complaint authored by him. Such conduct

    indicates that he deliberately withheld the true facts from the Court.

    Since he admittedly knew Sarita Kenwat, authored the written complaint

    (Ex. P-1), and acknowledged that it was in his own handwriting, it is

    reasonable to infer that he was aware of its contents. Therefore, his

    subsequent attempt to resile from the prosecution case does not create

    such a doubt as would undermine the prosecution version or render the

    testimony of complainant Sarita Kenwat unreliable.

    15.Inspector Devendra Devangan (P.W.-12) deposed that he was posted

    as Sub-Inspector at Police Station Jhagarakhand, District Korea, from

    September 2018 to October 2019. On 16.09.2019, complainant Kumari

    Sarita Kenwat submitted a written complaint (Ex. P-1) alleging that

    accused Raju @ Ranjeet had paid her wages of Rs. 1,000 in ten

    counterfeit currency notes of Rs. 100 denomination, all bearing the same

    serial number. On the basis of the complaint, he registered Crime No.

    124/2019 under Section 489-B IPC (Ex. P-22), forwarded the FIR to the

    Judicial Magistrate First Class, Manendragarh, and obtained

    acknowledgment (Ex. P-22A). On the same day, he issued a notice to

    the complainant (Ex. P-23) directing her to produce the currency notes,

    conducted a spot inspection, and prepared the spot map (Ex. P-2). He

    seized ten Rs.100 denomination notes, all bearing the identical serial
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    number 3WN805048, under seizure memo (Ex. P-3), and thereafter

    prepared the identification memorandum (Ex. P-4) after getting the notes

    identified by Sushil Kumar and Rajesh Pandey. The witness further

    stated that, for verification of the seized notes, he sent a requisition to the

    Branch Manager, State Bank of India, Khongapani Branch (Ex. P-11).

    After examination, the Branch Manager returned the notes in a sealed

    brown envelope through Constable Lalit Yadav, which he seized under

    seizure memo (Ex. P-15). During cross-examination, he denied the

    suggestions that the FIR had not been forwarded to the Court or that

    Sarita Kenwat had not mentioned the serial number of the currency

    notes in her statement. His testimony remained consistent and duly

    supports the investigation conducted by him.

    16.Rajesh Pandey (P.W.-8) admitted that the police had obtained his

    signatures on the seizure memo (Ex. P-3) and the identification

    memorandum (Ex. P-4), but claimed that he had signed blank papers.

    During cross-examination by the prosecution, however, he conceded

    that he was aware that one should not sign blank papers.

    17.Head Constable No. 66, Lalit Yadav (P.W.-10), corroborated the

    testimony of Investigating Officer Devendra Devangan (P.W.-12). He

    deposed that on 16.09.2019, while posted at Police Station

    Jhagarakhand, he collected from the State Bank of India, Khongapani

    Branch, a sealed brown envelope containing ten counterfeit Rs. 100

    denomination currency notes and delivered it to the Investigating Officer,

    who seized it under seizure memo (Ex. P-15). During cross-examination,

    he admitted that the envelope had not been sealed in his presence but

    denied the suggestion that he was unaware of its contents. He clarified

    that the bank officials had placed the currency notes in the envelope and
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    that these were the same notes which had been forwarded by the

    Investigating Officer to the Branch Manager for examination pursuant to

    the requisition (Ex. P-11). His testimony lends assurance to the

    prosecution case regarding the safe custody and transmission of the

    seized currency notes. After the seizure of the ten Rs. 100 denomination

    currency notes, the Investigating Officer forwarded them to the Branch

    Manager, State Bank of India, Khongapani Branch, for examination

    under requisition (Ex. P-11). Arun Avinash Minj (P.W.-5) deposed that

    while serving as Branch Manager from June 2018 to June 2021, he

    received, on 16.09.2019, a sealed packet containing ten Rs. 100

    denomination notes, all bearing the identical serial number 3WN805048.

    After opening the sealed packet, he examined the notes with the aid of a

    currency verification machine and found them, prima facie, to be

    counterfeit. He thereafter resealed the notes and handed them over to

    the police constable along with his examination report (Ex. P-12), which

    bears his signatures and the official seal of the bank.

    18.During cross-examination, the witness admitted that he was not a

    forensic expert in counterfeit currency detection. However, he clarified

    that, as Branch Manager, he routinely examined suspected counterfeit

    notes using an ultraviolet lamp and other verification methods prescribed

    by the Reserve Bank of India, and regularly received RBI guidelines for

    identifying counterfeit currency. He also denied the suggestion that the

    notes had been produced before him in an unsealed condition. His

    testimony establishes that the seized notes, allegedly paid by accused

    Raju @ Ranjeet to Sarita Kenwat as wages, were found by the bank to

    be prima facie counterfeit.

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    19.The sealed envelope containing the ten Rs. 100 denomination currency

    notes, which Head Constable Lalit Kumar Yadav (P.W.-10) brought from

    the State Bank of India after examination of the notes, was seized by the

    Investigating Officer, Sub-Inspector Devendra Devangan (P.W.-12),

    under seizure memo (Ex. P-15) in the presence of Head Constable

    Shambhunath Yadav (P.W.-7) and Head Constable Danish Sheikh

    (P.W.-9). Both attesting witnesses have duly corroborated the seizure

    proceedings, thereby lending assurance to the prosecution case

    regarding the safe custody and continuity of possession of the seized

    counterfeit currency notes.

    20.After the initial investigation by Devendra Devangan (P.W.-12), the case

    was transferred to Sub-Inspector Vivek Kumar Khalkho (P.W.-11), who

    continued the investigation upon his posting at Police Station

    Jhagarakhand from November 2019 to June 2020. He deposed that,

    after receiving the case diary, he apprehended accused Raju @ Ranjeet

    on 07.12.2019 and recorded his memorandum statement (Ex. P-6) in the

    presence of witnesses. According to the memorandum, the accused

    disclosed that co-accused Shobhnath Toppo had paid him Rs.10,000 for

    establishing an idli-dosa stall at his hotel. Out of this amount, he had

    paid Rs. 1,000 to Sarita Kenwat towards wages. After Sarita informed

    him that the notes were counterfeit, he checked the remaining currency

    notes and found that thirteen Rs. 100 denomination notes were also

    counterfeit. He further disclosed that these thirteen notes had been

    concealed in a cupboard at his house. Acting on the information

    furnished by the accused, the Investigating Officer recovered thirteen

    Rs.100 denomination currency notes from the cupboard in the accused’s

    house on 07.12.2019. All the notes bore the identical serial number

    3WN805048. The notes were seized under seizure memo (Ex. P-8),
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    which bears the signatures of both the Investigating Officer and the

    accused. Thereafter, the accused was formally arrested under arrest

    memo (Ex. P-10), and intimation of his arrest was given to his wife,

    Rashmi Kashyap. The recovery pursuant to the memorandum statement

    constitutes a significant incriminating circumstance against the accused.

    21.Sub-Inspector Vivek Kumar Khalkho (P.W.-11) further deposed that, as

    accused, Shobhnath Toppo was already in judicial custody in another

    case, he moved an application (Ex. P-17) before the Judicial Magistrate

    First Class, Manendragarh, on 27.12.2019 seeking permission to arrest

    him in the present case. Pursuant to the permission granted, he arrested

    Shobhnath Toppo under arrest memo (Ex. P-18) in the presence of

    witnesses and informed his mother, Hanari Toppo, of the arrest through

    intimation memo (Ex. P-19). The witness further stated that on

    31.12.2019, while in police custody, accused Shobhnath Toppo was

    interrogated and his memorandum statement (Ex. P-7) was recorded.

    According to the disclosure made by the accused, he had met one Ajay

    Patel at Anuppur Railway Station, who claimed to deal in counterfeit

    currency and offered to supply Rs. 1,00,000 in counterfeit notes in

    exchange for Rs. 20,000 in genuine currency. Lured by the offer,

    Shobhnath allegedly paid Rs. 5,000 in genuine currency and, in return,

    received counterfeit currency notes worth Rs. 20,000, all in Rs.100

    denomination. He further disclosed that, out of this amount, he had given

    Rs. 10,000 to Raju Kashyap, which included counterfeit notes worth Rs.

    2,300 mixed with genuine currency. After learning that a criminal case

    had been registered against Raju Kashyap, he threw away some of the

    counterfeit notes and concealed the remaining counterfeit currency

    worth Rs. 10,000 in the cupboard of his house.

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    22.Acting on the disclosure made by accused Shobhnath Toppo, the

    Investigating Officer took him to his house on 31.12.2019, where the

    accused produced the concealed currency notes from a cupboard. The

    Investigating Officer seized the recovered notes under seizure memo

    (Ex. P-9), comprising: (i) 96 currency notes of Rs. 100 denomination, all

    bearing the identical serial number 9LM554703; (ii) 2 currency notes of

    Rs. 100 denomination, both bearing the identical serial number

    3WN805048; (iii) one Rs. 100 denomination note bearing serial number

    OKS340135; and (iv) one Rs. 100 denomination note bearing serial

    number 2FL988754.

    23.During his cross-examination on 26.09.2025, Vivek Kumar Khalkho

    (P.W.-11) was questioned as to where accused Shobhnath Toppo had

    remained between his formal arrest on 27.12.2019 and the recording of

    his memorandum statement on 31.12.2019, to which the witness replied

    that he did not remember. However, during his further examination and

    cross-examination on 24.02.2026, he clarified that after formally

    arresting Shobhnath on 27.12.2019, he had moved an application before

    the Judicial Magistrate First Class, Chirmiri, on 30.12.2019 seeking a

    production warrant and one day’s police custody for the purpose of

    interrogation and recording the accused’s memorandum statement. The

    Court allowed the application and granted police custody from

    30.12.2019 to 31.12.2019. Pursuant to the said order, the accused was

    interrogated on 31.12.2019 in the presence of witnesses, his

    memorandum statement (Ex. P-7) was recorded, and the recovery and

    seizure of the currency notes were effected under seizure memo (Ex. P-

    9). This explanation satisfactorily clarifies the circumstances in which the

    memorandum statement and consequential recovery were made.
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    24.The testimony of Investigating Officer Vivek Kumar Khalkho (P.W.-11)

    satisfactorily explains the period between the formal arrest of accused

    Shobhnath Toppo on 27.12.2019 and the recording of his memorandum

    statement on 31.12.2019. It is evident that during this period the

    accused remained in judicial custody in another criminal case. Only after

    obtaining one day’s police custody pursuant to the order of the

    competent Court did the Investigating Officer interrogate the accused,

    record his memorandum statement (Ex. P-7), and effect the recovery

    and seizure of the currency notes under seizure memo (Ex. P-9).

    25.In paragraph 19 of his cross-examination, the Investigating Officer

    clarified that the documents relating to the grant of police custody were

    part of the case record, a fact which stands verified from the record of

    the case. The record further shows that the application filed by the Public

    Prosecutor under Section 311 of the Code of Criminal Procedure for

    recalling the Investigating Officer was allowed on 13.02.2026, pursuant

    to which he was recalled and his additional evidence was recorded on

    24.02.2026 to clarify this aspect. The Investigating Officer also explained

    that accused Shobhnath Toppo had already been arrested and was in

    judicial custody in Crime No. 160/2019 registered at Police Station

    Manendragarh under Section 379 read with Section 34 IPC.

    Consequently, it was necessary to obtain permission from the Court

    through application (Ex. P-17) before effecting his arrest in the present

    case. These circumstances clearly establish that the accused was never

    kept in illegal custody and that the memorandum statement and the

    consequential recovery were recorded in accordance with law.

    26.Doodhnath (PW-3) and Jai Kumar Rahi (PW-4), who were cited as

    witnesses to the memorandum statements (Ex. P-6 and P-7) and the
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    seizure memos (Exs. P-8 and P-9), did not support the prosecution. Both

    denied that the police had interrogated accused Raju @ Ranjeet and

    Shobhnath Toppo in their presence or that any currency notes had been

    recovered from either accused in their presence. They also denied

    having witnessed the seizure of the counterfeit currency. However, the

    mere fact that these independent witnesses turned hostile does not, by

    itself, render the prosecution case doubtful. It is common experience that

    witnesses to recovery proceedings often sign the relevant documents at

    the time of investigation but subsequently resile from their earlier position

    during trial. Significantly, there is no material to show that Sushil Kumar

    (P.W.-2), Doodhnath (P.W.-3), or Jai Kumar Rahi (P.W.-4) had any prior

    acquaintance with the investigating officers or any animosity towards the

    accused which could suggest that they were deliberately chosen by the

    police to falsely implicate them.

    27.Further, the evidence of Investigating Officer Vivek Kumar Khalkho

    (P.W.-11) shows that he had no prior knowledge of any connection

    between accused Raju @ Ranjeet and Shobhnath Toppo, nor of any

    alleged possession of counterfeit currency by either of them. The

    investigation commenced solely on the basis of the First Information

    Report lodged by complainant Sarita Kenwat. It was only during the

    interrogation of accused Raju @ Ranjeet that the involvement of

    Shobhnath Toppo surfaced, following which the Investigating Officer

    recorded their memorandum statements and recovered counterfeit

    currency notes from their respective houses pursuant to the information

    furnished by them. Thus, the hostility of the independent witnesses does

    not, in the facts and circumstances of the case, discredit the otherwise

    cogent evidence of the Investigating Officer regarding the recoveries.
    17

    28.The recovered currency notes were not seized from an open or

    accessible place where anyone could have planted or accessed them.

    They were recovered from concealed locations in the respective houses

    of the accused pursuant to the information furnished by them. Therefore,

    the mere fact that the independent witnesses did not support the

    prosecution does not constitute a legally sustainable ground to discard

    the recovery proceedings conducted by the Investigating Officer in due

    course of investigation. Investigating Officer Vivek Kumar Khalkho (P.W.-

    11) further deposed that, on 26.12.2019, he forwarded the thirteen Rs.

    100 denomination currency notes recovered from accused Raju

    Kashyap to the Branch Manager, State Bank of India, Khongapani

    Branch, for examination under requisition (Ex. P-13).

    29.P.B. Gupta (PW-6) stated that, while serving as the officiating Branch

    Manager of the State Bank of India, Khongapani Branch, from

    23.12.2019 to 03.01.2020, he received a sealed envelope containing

    thirteen Rs. 100 denomination currency notes, all bearing the same

    serial number, along with requisition (Ex. P-13). After examining the

    notes with the bank’s currency verification machine, he found all thirteen

    notes to be counterfeit. He made the necessary endorsement that the

    notes should not be put into circulation, affixed his signatures and the

    official bank seal, resealed the envelope, and returned it to the police

    constable along with his report. He identified his signatures on Ex. P-13

    and confirmed that the report recorded all thirteen notes as counterfeit.

    The witness further deposed that, on 02.01.2020, he received another

    sealed envelope from the Officer-in-Charge, Police Station

    Jhagarakhand, under requisition (Ex. P-14), containing 100 currency

    notes of Rs. 100 denomination each recovered from accused Shobhnath

    Toppo. Of these, 96 notes bore the identical serial number 9LM554703,
    18

    2 notes bore the identical serial number 3WN805048, one note bore

    serial number OKS340135, and one note bore serial number

    2FL988754. After opening the sealed envelope and examining all the

    notes with the bank’s currency verification machine, he found each of

    them to be, prima facie, forged/counterfeit. His testimony provides

    independent corroboration of the prosecution case regarding the

    counterfeit nature of the currency recovered from both accused persons.

    30.P.B. Gupta (PW-6) further deposed that, in his report (Ex. P-14), he

    endorsed in portion A to A that all the currency notes examined by him

    were counterfeit. He also recorded that the notes should not be put into

    circulation, affixed his signatures in portion B to C, applied the official

    bank seal in portion D to D, and thereafter resealed the currency notes

    and the report in an envelope, which was handed over to the police

    constable. During cross-examination, he denied the suggestion that the

    notes had been produced before him in an unsealed condition. He also

    admitted that the currency notes had not been seized from accused Raju

    @ Ranjeet in his presence, which is consistent with the prosecution

    case, as he was only required to examine the notes after they had been

    seized by the police.

    31.The evidence on record clearly establishes two distinct recoveries. First,

    complainant Sarita Kenwat (P.W.-1) consistently stated that accused

    Raju @ Ranjeet had paid her wages in ten Rs. 100 denomination

    currency notes, which were later found to be counterfeit. Since those

    notes had already been handed over to Sarita, they were recovered from

    her possession and examined by Arun Avinash Minj (PW-5), who found

    them to be prima facie counterfeit. Secondly, during the course of

    investigation, the police recovered thirteen Rs.100 denomination
    19

    currency notes from accused Raju @ Ranjeet and one hundred Rs.100

    denomination currency notes from accused Shobhnath Toppo. These

    recoveries were subsequently verified by P.B. Gupta (PW-6), who,

    through his reports (Ex. P-13 and P-14), categorically opined that all the

    notes produced before him appeared, prima facie, to be forged/

    counterfeit. Consequently, the witness’s admission that the police had

    not seized the notes in his presence does not in any manner detract from

    the evidentiary value of his examination reports or the prosecution case.

    32.In a case of the present nature, the burden squarely lies upon the

    prosecution to establish, by cogent and reliable evidence, that the

    currency notes seized and alleged to be counterfeit were in fact

    counterfeit. In discharge of this burden, Investigating Officer Vivek

    Kumar Khalkho (P.W.-11) deposed that, for obtaining an expert opinion,

    he forwarded all the seized currency notes to the Currency Note Press,

    Dewas (Madhya Pradesh), through the Superintendent of Police,

    Baikunthpur, vide letter dated 30.01.2020 (Ex. P-20), which was carried

    by Constable No. 572, Balram Kenwat. Exhibit P-20 specifically records

    that the articles forwarded for examination comprised ten Rs. 100

    denomination notes seized from complainant Sarita Kenwat, thirteen Rs.

    100 denomination notes seized from accused Raju @ Ranjeet, and one

    hundred Rs. 100 denomination notes seized from accused Shobhnath

    Toppo, along with their respective serial numbers. The Investigating

    Officer further proved the expert report received from the Bank Note

    Press, Dewas (Ex. P-21), consisting of three pages. The report states

    that all 123 Rs.100 denomination currency notes forwarded for

    examination were received in a sealed condition, examined by the

    experts, and found to be counterfeit. The report specifically records that

    the sealed packet was delivered by Constable No. 572, Balram Kenwat
    20

    of Police Station Jhagarakhand, District Korea, and that, after

    examination, the notes were resealed and returned through the same

    constable. The report also bears the specimen seal used during the

    examination. Thus, apart from the prima facie verification conducted by

    the officials of the State Bank of India, the prosecution has produced the

    opinion of the Bank Note Press, Dewas, a Government scientific

    institution, conclusively certifying that all the seized currency notes were

    counterfeit. The report (Ex. P-21), being that of a Government scientific

    expert within the meaning of Section 293 of the Code of Criminal

    Procedure, 1973, is admissible in evidence and can be read without

    examining the expert, unless the Court considers such examination

    necessary. Consequently, the prosecution has satisfactorily discharged

    its burden of proving that the currency notes seized in the present case

    were, in fact, counterfeit.

    33.Separate questions were put to both accused during their examinations

    under Section 313 CrPC regarding the expert report of the Bank Note

    Press, Dewas (Ex. P-21). Neither accused offered any plausible

    explanation with respect to the report or the recovery of counterfeit

    currency from their possession. Accused Raju @ Ranjeet admitted that

    he knew complainant Sarita Kenwat and that she worked as a labourer,

    though he denied that she performed domestic work at his house.

    However, this denial stands contradicted by the testimony of his own

    defence witness, Sampat Kenwat (DW-1), who is the real brother of the

    complainant. Sampat deposed that Sarita had worked for about one

    month at the house of accused Raju @ Ranjeet, that Raju had paid her

    wages, and that when she used one of the currency notes at a grocery

    shop, the shopkeeper informed her that it was counterfeit and returned it

    to her. He further stated that Sarita thereafter lodged the report at the
    21

    police station. The witness also admitted that the currency note tendered

    by Sarita at the grocery shop had been received by her from accused

    Raju @ Ranjeet. Thus, the defence evidence itself materially

    corroborates the prosecution case and the version set out in the written

    complaint (Ex. P-1). The evidence on record, therefore, establishes that

    the investigation commenced on the basis of the complaint lodged by

    Sarita Kenwat. During investigation, the interrogation of accused Raju @

    Ranjeet revealed the involvement of co-accused Shobhnath Toppo,

    leading to the recovery of thirteen counterfeit Rs. 100 denomination

    notes from Raju and one hundred such notes from Shobhnath. Together

    with the ten counterfeit notes recovered from Sarita, a total of 123

    currency notes were forwarded for expert examination and were

    conclusively certified as counterfeit by the Bank Note Press, Dewas,

    under report (Ex. P-21).

    34.The accused were required to furnish a satisfactory explanation as to

    how such a large quantity of counterfeit currency came into their

    possession. They failed to do so. The prosecution has proved that

    accused Shobhnath Toppo knowingly possessed counterfeit currency

    and supplied a part of it to accused Raju @ Ranjeet for circulation as

    genuine currency. It has further been proved that Raju @ Ranjeet

    knowingly retained counterfeit currency in his possession and passed

    ten counterfeit Rs.100 denomination notes to complainant Sarita Kenwat

    towards payment of her wages, thereby representing them to be genuine

    and inducing her to use them as genuine currency. His conduct clearly

    amounts to using counterfeit currency as genuine and cheating the

    complainant.

    22

    35.The prosecution has proved beyond reasonable doubt that accused

    Raju @ Ranjeet knowingly possessed twenty-three counterfeit Rs.100

    denomination currency notes and used ten of them as genuine by paying

    them to Sarita Kenwat. The prosecution has likewise established that

    accused Shobhnath Toppo knowingly possessed counterfeit currency,

    supplied twenty-three such notes to Raju @ Ranjeet, and retained one

    hundred counterfeit Rs.100 denomination notes with the intention that

    they be used as genuine. Accordingly, the prosecution has succeeded in

    proving the charges against both the appellants beyond reasonable

    doubt and we find no error or illegality in the judgment of conviction

    passed by the learned trial Court against the appellants herein.

    36.Coming to the question of sentence, it is pertinent to note that under

    Sections 420 and 489C of the IPC, the maximum punishment prescribed

    is imprisonment for seven years along with fine, though no minimum

    sentence has been prescribed. Likewise, under Section 489B of the IPC,

    the punishment may extend to imprisonment for life, but no minimum

    sentence has been stipulated. The appellant Shobnath has undergone

    incarceration for more than two and a half years, whereas appellant Raju

    @ Ranjeet Kashyap has remained in custody for about one year and

    four months (including 363 days during trial and the period subsequent

    to his conviction by the learned trial Court on 11.03.2026). Having regard

    to the facts and circumstances of the case, we are of the considered

    opinion that the ends of justice would be adequately served by reducing

    the substantive sentence of imprisonment awarded to both the

    appellants to the period already undergone by them. However,

    considering the comparatively shorter period of incarceration undergone

    by appellant Raju @ Ranjeet Kashyap, while maintaining the fine and

    default sentence imposed by the learned trial Court, we deem it
    23

    appropriate to enhance the fine payable by him by a further sum of

    Rs.10,000/-.

    37.Since the appellants-Shobhnath Toppo and Raju @ Ranjeet

    Kashyap are stated to be in custody, they shall be released forthwith, if

    not required in connection with any other case, subject to deposit/

    payment of the fine amount as imposed by the learned trial Court and the

    additional fine of Rs.10,000/- imposed upon appellant-Raju @ Ranjeet

    Kashyap by this Court, and in default of payment of the said additional

    fine, he shall undergo simple imprisonment for one month.

    38.The appeals are accordingly partly allowed to the extent indicated

    hereinabove.

    39.Let a certified copy of this judgment alongwith the original record be

    transmitted to trial Court concerned forthwith for necessary information

    and action, if any.

                                   Sd/-                                      Sd/-
                         (Ravindra Kumar Agrawal)                     (Ramesh Sinha)
                               JUDGE                                  CHIEF JUSTICE
    
    
    
    
    Amit
     AMIT
     KUMAR
     DUBEY
    Digitally signed
    by AMIT KUMAR
    DUBEY
    Date: 2026.07.16
    15:25:33 +0530
    



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