PIYUSH RASTOGI Vs. STATE

JUDGEMENT

(1.) THE present appeal is directed against the judgment dated 12.05.2009 whereby the Appellant has been convicted in Sessions Case No. 80/09 under Sections 489C and 489D of the Indian Penal Code, 1860 (IPC) for possessing and indulging in manufacture of counterfeit currency. By order of sentence dated 15.05.2009, for offence under Section 489C of IPC, the appellant is sentenced to undergo rigorous imprisonment for seven years and a fine of Rs 1 lakh has also been imposed; in default of payment fine, the appellant is to undergo simple imprisonment for a period of six months. For offences under Section 489D IPC, the appellant is sentenced to undergo rigorous imprisonment for ten years and fine of Rs 2 lakh has been imposed; in default of payment of fine, the appellant has to undergo simple imprisonment for one year. Both the sentences are directed to run concurrently.

(2.) THE prosecution case as unfolded in trial is as under: -

(3.) WITH respect to investigation, the Learned Counsel for the appellant urged that the contemporaneous documents such as rukka (Ex PW -6/A), FIR (Ex PW -1/A), arrest memo (Ex PW -5/ B), seizure memo (Ex PW -5/A), disclosure statement of the appellant (Ex PW -5/D) and personal search memo (Ex PW -5/C) were all ante -timed and planted by the police against the appellant. In order to substantiate the said contention, it is submitted that a charge under Section 489D IPC could have only been added against the appellant once the recoveries were made pursuant to the disclosure statement given by the appellant. However, the charge under Section 489D finds mention on the rukka, FIR, disclosure statement, the arrest memo and the personal memo of the appellant which clearly demonstrate that the said documents were fabricated and manipulated by the police officials to falsely implicate the appellant.