STATE OF GUJARAT Vs. ASHARAFUL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied by the impugned judgment and order passed by the learned Addl. Sessions Judge, Court No. 3, Ahmedabad City passed in Sessions Case No. 246 of 2013 passed on 19.7.2014, the State has preferred the present appeal under Sec. 377 of the Criminal Procedure Code requesting to enhance the sentence imposed by the learned Trial Court, imposed while convicting the original accused for the offence under Sec. 489 -B of the Indian Penal Code.

(2.) At the outset, it is required to be noted that so far as the impugned judgment and order of conviction passed by the learned Trial Court convicting the original accused for the offence under Sec. 489 -B of the IPC is concerned, it has attained the finality as the original accused has accepted the said judgment and order of conviction and has not preferred any appeal against the order of conviction and as such it is reported that he has already undergone sentence imposed by the learned Trial Court. Under the circumstances, the only question which is required to be considered by this Court in the present appeal is, whether in the facts and circumstances of the case while convicting the original accused for the offence under Sec. 489 -B of the IPC, the learned Trial Court is justified in imposing the sentence of 15 months of R.I. and fine of Rs. 3000/ - and in default, to undergo further 3 months R.I.?

(3.) Shri L.B. Dabhi, learned APP appearing on behalf of the State has vehemently submitted that in the facts and circumstances of the case, the sentence imposed by the learned Trial Court while convicting the original accused for the offence under Sec. 489 -B of the IPC is not adequate, sufficient and commensurate with the gravity of the offence. It is submitted that as such, while awarding the sentence, learned Trial Court has not properly appreciated the fact that the original accused was as such hailing from District: Malda, West Bengal and was as such circulating counterfeit currency note in Ahmedabad.