RAGHAVENDRA @ PAPPU BRIJBHANSINH BHADODARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE judgment and order dated 20/6/2009 passed by the Addl. Sessions Judge, F.T.C. No. 2, Gandhinagar at Kalol Camp in Sessions Case No. 23/2008 is under challenge in this appeal, whereby appellant herein has been convicted for the offences punishable under section 489[B] read with sections 120[B] and 114 of the Indian Penal Code [IPC] and sentenced to undergo rigorous imprisonment [RI] for 10 years and to pay fine of Rs.2,500/ -, in default of payment of fine, he has to undergo further RI for one month.

(2.) THE appellant is accused no. 1 in the Sessions Case with three other accused amongst which accused nos. 1 to 3 are convicted as aforesaid, while original accused no. 4 Amrutbhai Ramabhai Prajapati was acquitted giving benefit of doubt.

(3.) THE case of the prosecution is to the effect that on 31/3/2008 the appellant, who was working in the Bank of Baroda at Kalol, had given bundle of notes of denomination of Rs.100/ - each to the cashier for exchanging in the denomination of Rs.500/ - each and when cashier found some of the notes as counterfeited or fake, he has conveyed the fact to the higher officers, who in turn conveyed it to the Branch Manager and they all have after examining the bundle submitted by the appellant for exchanging it as aforesaid, came to the conclusion that at -least 50 notes of the denomination of Rs.100/ - out of 100 notes submitted by the appellant for exchange, are counterfeit and fake. Thereupon, they have asked the appellant to disclose and explain that since he is serving in the bank as a peon, how or from whom he got such fake notes, but when the appellant could not explain the possession of fake notes or could not disclose the name of person from whom he has received them for exchange as above and hence an FIR being C.R. No. I -48/2008 was registered with Kalol City Police Station for the offences punishable under sections 489[B], 120[B] and 114 of the IPC. After investigation, charge -sheet was filed against inall four accused and ultimately out of four accused, three were convicted as aforesaid.