LAWS(GJH)-2013-7-21

ISTIYAK AHMAD ABDULRASID ANSARI Vs. STATE OF GUJARAT

Decided On July 10, 2013
Istiyak Ahmad Abdulrasid Ansari Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THIS appeal has been filed by original accused No.1 who was convicted by the learned Additional Sessions Judge, Ahmedabad in Sessions Case No.288 of 2008 by judgment dated 24 th December 2010 for offence punishable under sections 489B and 489C of the Indian Penal Code and sentenced to rigourous imprisonment for eight years four years respectively. He was also awarded fine.

(2.) LEARNED counsel for the appellant submitted that she does not challenge the conviction of the accused, but only requests for reduction in sentence. She pointed out that against the sentence of eight years, the convict has already served out sentence of 5 years and 2 months including the set off period. It was on the basis of the above submission, we permitted this appeal to be notified out of turn. We notice that the State has preferred Criminal Appeal No.778 of 2011 challenging the same judgment of the learned Sessions Judge in so far as accused Nos.2 to 6 are concerned who were acquitted of all the charges. The State appeal does not involve the present appellant nor there is any prayer for enhancement of sentence of the present appellant in the State's appeal. We, therefore, segregate such appeal for consideration at a later point of time.

(3.) SINCE the conviction is not being challenged, we need not discuss the evidence with respect to the guilt of the accused. What therefore remains on record is that the accused was found carrying 99 fake currency notes of Rs.100 each. He was also found to have deposited on two occasions fake currency notes of Rs.4300/- with the Bank. The learned Judge, of course, has observed that the appellant had made such attempts on as many as 10 occasions. However, we find that such a conclusion is not supported by any discussion and in any case there is insufficient evidence in this respect. Such an aspect has not come out in the evidence from any quarter. We, therefore, proceed on the basis that the appellant was caught red-handed carrying 99 fake currency notes of Rs.100 each and on two previous occasions, he had deposited and encashed amount totalling to Rs.4300/-. The question, therefore, is what should the appropriate sentence for such offence punishable under section 489B of the Indian Penal Code. The said provision provides for punishment for using as genuine forged or counterfeit currency notes or bank notes. It provides that whoever sells to or buys or receives from, any other person or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank note, knowing or having reason to believe the same to be forged or counterfeit shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.