TaxTMI 
TaxTMI 
2015 (10) TMI 2857
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....ed and sentenced Under Section 489B read with Section 120B Indian Penal Code for 5 years' RI and fine of Rs. 1,000/-; in default to suffer one month simple imprisonment. Other accused persons Liyakat Ali and Puran Mal were also convicted. 2. As per the prosecution case, on 6.1.2004 FIR No. 459 of 2003 was registered at Police Station Ramganj, Jaipur in State of Rajasthan. From possession of accused Puran Mal, 5 currency notes of Rs. 100 denomination were found. Three currency notes were of the same number. Remaining two currency notes also bore the same number which were apparently forged. He was arrested vide Memo P-6 and recovery memo P-7 was drawn. Case Under Section 489C read with Section 120B Indian Penal Code was registered. On interrogation Puran Mal informed that he had received the currency notes from Mehboob, Firoz and Ram Gopal. Mehboob and Firoz were arrested on information furnished by accused Puran Mal. From Ram Gopal's house currency notes worth Rs. 41,900/- were recovered from the possession of Puran Mal. Mehboob and Firoz informed the Police that they have obtained the currency notes from Anju Ali, and they would identify Anju Ali. They were taken to Delhi....
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.... No. RJ-14 7C 4668 and took the policemen from Jaipur to Delhi. Mukesh Yadav PW13 also supported that he had taken the Police to Delhi by his Qualis No. RJ14T-5649. Identification of Anju Ali by Mehboob Ali and Firoz was also supported. On arrest of Anju Ali vide memo P13 and on search from his right side pocket of Pant, 350 forged currency notes in the denomination of Rs. 500 totalling Rs. 1,75,000/- were recovered which were also found to be forged. 5. Accused Anju Ali had furnished information memo P43 dated 7.1.2004 that he had obtained the currency notes in the denomination of Rs. 500 from Majhar and he would identify Majhar. On the basis of his information on being identified by Anju Ali, Majhar was arrested on 9.1.2004 at 8.15 p.m. when he was standing near ISBT, where Metro Railway was under construction. Both PW11 and PW13 have confirmed their signatures on the memos. Majhar was arrested vide Memo P-31. On search of Majhar currency notes of the denominations of Rs. 500, Rs. 100 and Rs. 20 were recovered vide memo P19 from the small bag kept by him in the socks of his left foot. Besides, Vinod Sharma PW11, Mukesh Yadav PW13 and Mahaveer Singh PW24 have also supported the f....
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....Security Press. The currency notes have been proved to be forged and correctness of reports in this regard has not been questioned in the appeals. 10. In the appeal preferred by Mehboob Ali and Firoz, it was submitted by learned Senior Counsel appearing on their behalf that the confessional statement of the accused recorded Under Section 27 of Evidence Act was not admissible as there is no recovery of the currency notes from their possession. The confession made under the Police custody was inadmissible thus, there was no evidence to convict the Appellants Mehboob and Mohd. Firoz. 11. It is apparent from the facts of the case that initially accused Puran Mal was arrested and from his possession forged currency notes were recovered. On the basis of information furnished by him that the currency notes were handed over to him by accused Mehboob and Firoz, they, in turn, have unfolded the entire sequence leading to arrest of accused Anju Ali. Anju Ali was arrested on being identified by Mehboob Ali and Firoz when they were taken from Jaipur to Delhi and the recovery of forged currency notes was made from Anju Ali. Anju Ali identified yet another co-accused Majhar from whose possessio....
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.... to the knowledge of the Police. The statement of both accused has led to discovery of fact and arrest of co-accused not known to police. They identified him and ultimately statements have led to unearthing the racket of use of fake currency notes. Thus the information furnished by the aforesaid accused persons vide information memos is clearly admissible which has led to the identification and arrest of accused Anju Ali and as already stated from possession of Anju Ali fake currency notes had been recovered. As per information furnished by accused Mehboob and Firoz vide memos P41 and P42, the fact has been discovered by Police as to the involvement of accused Anju Ali which was not to the knowledge of the Police. Police was not aware of accused Anju Ali as well as the fact that he was dealing with fake currency notes which were recovered from him. Thus the statement of the aforesaid accused Mehboob and Firoz is clearly saved by Section 27 of the Evidence Act. The embargo put by Section 27 of the Evidence Act was clearly lifted in the instant case. The statement of the accused persons has led to the discovery of fact proving complicity of other accused persons and the entire chain ....
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....nd Ors. AIR 2000 SC 1691 the statement made by the accused that the dead body of the child was carried up to a particular spot and a broken glass piece recovered from the spot was found to be part of the tail lamp of the motorcycle of co-accused alleged to be used for the said purpose. The statement leading to the discovery of a fact that accused had carried dead body by a particular motorcycle up to the said spot would be admissible in evidence. This Court has laid down thus: 36. The basic idea embedded in Section 27 of the Evidence Act is the doctrine of confirmation by subsequent events. The doctrine is founded on the principle that if any fact is discovered in a search made on the strength of any information obtained from a prisoner, such a discovery is a guarantee that the information supplied by the prisoner is true. The information might be confessional or non-inculpatory in nature, but if it results in discovery of a fact it becomes a reliable information. Hence the legislature permitted such information to be used as evidence by restricting the admissible portion to the minimum. It is now well settled that recovery of an object is not discovery of a fact as envisaged in ....
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.... not be treated as first information report but could be used as information furnished Under Section 27 of Evidence Act. It was held thus: The approver and one of the Appellants were arrested practically red-handed. They made statements to the officer who arrested them involving admissions of guilt. They went further and gave a list of the other members of the gang. Thereupon the officer made a report in writing to his superior, containing the information which he had received, including the names of those other persons received from the two men arrested. Somehow or other, the learned Judge has described this police report, which is merely the report of a confession, as "the first information report." Now the first information report is a well known technical description of a report Under Section 154, Code of Criminal Procedure, giving first information of a cognizable crime. This is usually made by the complainant, or by some one on his behalf. The language is inapplicable to a statement made by the accused. The novelty of a statement by an accused person being called the first information report was to me so strange, that when counsel for the Appellants addressed the argument t....