LANCY PAUL D’SOUZA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE two appeals are by the two convicted accused in S.C. No. 51/2002 on the file of the Principal Sessions Judge, Dakshina Kannada, Mangalore. The appellants are aggrieved by the judgment of conviction and order of sentence dated 28.10.2005 passed in the said case convicting them for the offence punishable under Section 489C of IPC and sentencing them to undergo rigorous imprisonment for three years and to pay fine of Rs. 5,000/ - each, for the said offence.

(2.) THE case of the prosecution in brief was that, at about 7.45pm on 13.12.2001, P.W. 3 -H.D. Mendonsa, Inspector of Police, District Crime Intelligence Bureau, D.K. Mangalore, received an information about two strangers trying to circulate fake currency notes near Fathima Stores, First Cross, Central Market, Mangalore. Immediately, he reached the spot at about 7.50pm alongwith his staff where the informer showed the two appellants, who were standing near the market place in suspicious manner and immediately he caught -hold of the appellants with the help of his staff, who had accompanied him and in the presence of P.W. 1 -Abdul Razak, P.W. 2 -Amarnath Nayak and one Vignesh, he questioned the appellants and ascertained their names and addresses. On personal search, Accused No. 1 was found possessing 17 currency notes of denomination of Rs. 500/ - in his left side shirt pocket, Accused No. 2 was found in possession of 5 currency notes of Rs. 500/ - denomination in the back pant pocket and he was also found possessing 7 currency notes of Rs. 100/ - denomination and 4 currency notes of Rs. 10/ - denomination. He suspected the currency notes of denomination of Rs. 500/ - found in possession of Accused Nos. 1 and 2 as counterfeit currency notes, while the currency notes of denomination of Rs. 100/ - and Rs. 10/ - found in possession of Accused No. 2 were genuine currency notes. All those notes found in possession of Accused Nos. 1 and 2 were seized in the presence of P.Ws. 1 and 5 under mahazar -Ex.P.1 and on return to the police station alongwith two apprehended accused persons, he submitted a report to the Mangalore North Police Station as per Ex.P.2, based on which the case in Crime No. 265/2001 came to be registered and investigation was taken -up.

(3.) ON committal of the case, the appellants appeared before the Sessions Court and pleaded not guilty for the charge levelled against them and claimed to be tried.