VIPULBHAI BATUKBHAI BARWALIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in the instant Appeal filed under Section 374 of the Code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 15.5.2007 rendered in Sessions Case No. 211 of 2006 by the learned 2nd Additional Sessions Judge, Surat, by which the Appellant ('the accused' for short) has been convicted of the offences punishable under Section 489(B) and 489(C) of the Indian Penal Code ('IPC for short) and was sentenced to suffer RI for ,10 years and fine of Rs. 15000/-, in default of payment of fine, further RI for 3 years for the offence punishable under Section 489(B) of IPC, and RI for 7 years and fine of Rs.15000/-, in default of payment of fine, further RI for 2 years for the offence punishable under Section 489(C) of IPC. It is also ordered that both the sentences shall run concurrently.

(2.) The prosecution case as disclosed from the FIR and unwrapped during the trial is as under:

(3.) On appreciation, evaluation, analysis and scrutiny of the evidence on record, the trial Court has come to the conclusion that the currency notes which were recovered from the accused were fake currency notes and were found in possession of the accused when he was intercepted and apprehended, and therefore, the complicity of the accused for commission of the offence under Section 489(B) and 489(C) has been duly established. The trial Court therefore convicted and sentecned the accused for the said offences to which the reference is made in earlier paragraph of this judgment, which has given rise to the instant Appeal at the instance of the accused.