JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the 2nd accused in SC No.1319/2004 on the file of the Additional Sessions Court VI, Thiruvananthapuram (for short, 'the court below') against the judgment dtd. 23/11/2016 convicting and sentencing him under sec. 489B and 489C r/w 34 of IPC.

(2.) The prosecution case in short is that the 1st accused arranged 6,500 fake 10 rupee currency notes from somebody and knowing that they were forged, gave 3,000 fake 10 rupee notes to the 2nd accused who received the same knowing that they were forged and both the accused possessed them intending to use it as genuine on 25/11/1993 at 3.15 p.m. at Maveli Cafe situated in Indian Coffee House, Thamapanoor, Thiruvananthapuram.

(3.) The 2nd accused alone faced trial. On the side of the prosecution, PWs1 to 7 were examined and Exts.P1 to P8 were marked. MOs1 to 32 were identified. On the side of the defence, DWs1 and 2 were examined and Exts.D1 to D5 were marked. After trial, the court below found the 2nd accused guilty under sec. 489B and 489C of IPC and he was convicted for the said offence. He was sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.20,000.00 in default to suffer further period of imprisonment for two years under sec. 489B of IPC and also to undergo rigorous imprisonment for four years under sec. 489C of IPC. Challenging the said conviction and sentence, the 2nd accused preferred this appeal.