AASHIM Vs. STATE

JUDGEMENT

(1.) The present criminal appeal has been filed under Sec. 374 Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') by the Appellants, namely, Aashim and Mehtab Jahan challenging the judgment dtd. 4/1/2012 (hereinafter referred to as 'impugned judgment') and the Order on Sentence dtd. 6/1/2012 (hereinafter referred to as 'impugned Order In Sentence') passed by the learned Additional Sessions Judge-II (North), Tis Hazari Courts, Delhi (hereinafter referred to as 'Trial Court') in Sessions Case bearing No. 63/2011 arising out of FIR bearing No. 146/2008 registered at Police Station-Lahori Gate.

(2.) Vide the impugned judgment, the learned Trial Court convicted the Appellants under Sec. 489C of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced them to undergo 03 years of Simple Imprisonment (hereinafter referred to as 'SI'), each along with a fine of Rs.10,000.00 each, and in default of payment of fine, to undergo SI for 05 months.

(3.) In brief, the Prosecution case is that on 31/7/2008, at about 04:45 PM, SI Surender Singh (PW- 4) was on patrolling duty near Fatehpuri Masjid, Chandni Chowk. While on patrolling duty, a secret information was received that a young man and a woman, who were engaging in the selling of counterfeit currency notes were present near Backar Watch Company, Chandni Chowk and were waiting for the customers. Acting upon the said information, a raiding team was formed. At about 04:45 PM, on the pointing out of the secret informer, both the Appellants were apprehended. From the search of the Appellant-Aashim, 12 counterfeit currency notes of Rs.500.00 each, were recovered from the back pocket of his trousers. From the search of the Appellant-Mehtab Jahan, 8 counterfeit currency notes of Rs.500.00 each, were recovered from a small black purse. The recovered currency notes were seized and sealed in separate pullandas ( 'cotton cloth'). Thereafter the FIR was got registered under Ss. 489B/489C/34 IPC. The exhibits were forwarded to the Currency Note Press (hereinafter referred to as 'CNP'), Nashik, for expert examination and the currency notes were opined as counterfeit. After investigation, the chargesheet was filed in the Court.