SHAHID ZAHOOR WANI Vs. STATE

JUDGEMENT

(1.) Aggrieved by a judgment dated 27.07.2006 of learned Additional Sessions Judge in Sessions Case No. 42/05 emanating from FIR No. 581/01 registered at Police Station Kotwali by which the appellant Shahid Zahoor Wani was convicted under Ss. 498C IPC, the instant appeal has been filed by him. By an order dated 31.07.2006, he was awarded RI for one year with fine Rs. 2,000/ -.

(2.) Briefly stated, the prosecution case as reflected in the charge - sheet was that on 12.10.2001 at around 8.00 p.m. near urinal, Azad Hind Market, Lal Quilla, New Delhi, Wasim Ahmed Lily @ Wasim Ashraf was apprehended being in possession of forged or counterfeit currency notes. He was also found in possession of a scanner, colour ink cartridge, key - board, compact disk, printer, monitor and other articles mentioned in the seizure memo (mark A) being used for forging or counterfeiting currency notes at his residence 1940, Third floor, Gali Oonth Wali, Hauz Sui Walan, Delhi. Pursuant to his disclosure statement, he led the the police team to Jammu and Kashmir on 18.10.2001 and recovered 497 forged sheets of counterfeit currency notes in the denomination of Rs. 100/ - from the appellant's residence. Statements of the witnesses conversant with the facts were recorded. Exhibits collected during investigation were sent to Printing Press, Nasik for examination. Upon completion of investigation, a charge -sheet was filed against Wasim Ahmed Lily @ Wasim Ashraf, Suhail Ahmed Shora and Shahid Zahoor Wani (the appellant) for commission of offences under Ss. 489 -B, 489 -C, and 489 -D IPC. By an order dated 25.10.2002, the appellant was charged for committing offence under Sec. 489 -C to which he pleaded not guilty and claimed trial. The prosecution examined 12 witnesses to establish appellant's guilt. In 313 statement, the appellant denied his involvement in the crime and pleaded false implication. After considering the rival contentions of the parties and on appreciation of the evidence, the Trial Court by the impugned order convicted all of them for the offences mentioned previously. Being aggrieved and dissatisfied, the appellant has preferred the instant appeal. It is unclear if the co -convicts have challenged the said judgment.

(3.) I have heard the learned counsel for the parties and have examined the file. On perusal of the Trial Court record, it reveals that Wasim Ahmed Lily @ Wasim Ashraf was convicted and sentenced to undergo RI for five years with fine Rs. 3,000/ - under Ss. 489 -B and 489 -D IPC each and RI for one year with fine Rs. 2,000/ - under Sec. 489 -C IPC. Suhail Ahmed Shora and Shahid Zahoor Wani (the appellant) were sentenced to undergo RI for one year with fine Rs. 2,000/ - each under Sec. 489 -C IPC. It is relevant to note that during trial Wasim Ahmed Lily @ Wasim Ashraf had moved an application to confess his guilt and to release him for the period already undergone. His plea of confession was recorded separately by the Trial Court. On perusal of the confession, it reveals that Wasim Ahmed Lily @ Wasim Ashraf did not implicate the appellant for the crime. He did not disclose if any counterfeit currency was ever delivered by him to the appellant. Needless to say, co -convict Wasim Ahmed Lily @ Wasim Ashraf's confession has no impact upon the appellant's involvement in the crime.