MERAJBHAI KURESHIBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has challenged the judgment and order of conviction and sentence dated 3.12.2011 by the Additional Sessions Judge, Deesa in Sessions Case No.77 of 2009, wherein, though original accused nos.2 to 7 were acquitted for the offences punishable under Sections 489(A)(C) and (D) read with Section 114 of I.P.C., the appellant was convicted for the same offences and sentenced him to undergo 10 years rigorous imprisonment and fine of Rs.20,000/with a rigorous imprisonment and in default of payment of fine, appellant has to undergo 60 days of simple imprisonment. Such conviction and sentence is similar for offences under each Sections i.e. 489(A), 489(C) and 489(D). Thereby, total conviction is thirty years and total fine is Rs.60,000/.

(2.) THE conviction of the appellant in such Sessions case was pursuant to FIR registered with Tharad police station by P.S.I. Mr.S.L. Chauhdhary on 13.3.2009 which is registered as I C.R. No.25 of 2009 for such offences contending that complainant P.S.I., had received secret information and, therefore, a trap was arranged at the scene of offence on 13.3.2009 during night hours when they found one person coming on motor cycle and where appellant was intercepted by the Police and when he was searched, appellant found with fake currency note. It was considered by the Investigating Officer that currency notes are to be circulated in the nation and hence, appellant was arrested and after investigation charge sheet was filed against in all seven accused including the appellant.

(3.) BEFORE the trial Court, the prosecution has examined as many as twenty witnesses and produced several documentary evidence mainly in the form of complaint, different Panchnamas, some invoices bills, report of F.S.L. and some other relevant documents. After considering the evidence available on record and submission of both the sides, the learned Sessions Judge has held that though there is no evidence against accused nos.2 to 7, when accused no.1 was found with fake currency notes, he was convicted and sentenced as aforesaid.