STATE OF GUJARAT Vs. SURESHBHAI BABUBHAI CHAUHAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Additional Sessions Judge, Morbi passed in Sessions Case No.27 of 2008, by which, the learned Sessions Court has convicted the respondent herein original accused for the offence under Section 489 A of the Indian Penal Code and has sentenced him to undergo 5 years RI with fine of Rs.5000/ and in default to undergo further six months RI, the State has preferred present Criminal Appeal under Section 377 of the Code of Criminal Procedure for enhancement of the sentence imposed by the learned trial Court, imposed while convicting the original accused for the offence under Section 489 A of the Indian Penal Code.

(2.) At The Outset, It Is Required To Be Noted That So Far As impugned judgment and order of conviction passed by the learned trial Court convicting the original accused for the offence under Section 489 A of the Indian Penal Code is concerned, it has attend the finality so far as original accused is concerned as he has not challenged the impugned judgment and order of conviction passed by the learned trial Court. Under the circumstances, the only question which is required to be considered by this Court is whether in the facts and circumstances of the case the sentence imposed by the learned trial Court, imposed while convicting the original accused for the offence under Section 489 A of the Indian Penal Code can be said to be adequate punishment commensurate with the gravity of the offence ? and / or whether the discretion exercised by the learned trial Court while imposing the sentence can it be said that the learned trial Court has exercised the discretion judiciously

(3.) At The Outset, It Is Required To Be Noted That The Original accused has been convicted for the offence under Section 489 A of the Indian Penal Code and in the present case the prosecution has been successful in proving the case that the accused was not only circulating but also preparing the fake currency note . From the evidence on record, it has come on record that while depositing the installment of the loan which the accused had taken from HDFC Bank and while depositing Rs. 10,500/ he put in the bundle fake currency note of Rs. 100/. It has also come on record that when a raid was conducted at his home / residence printer machine, cutter machine, papers and duplicate fake currency notes were found from his residence. Despite the above and without giving cogent reasons, the learned trial Court has imposed the sentence of 5 years of RI with fine of Rs.5000/ and in default to undergo further six months RI for the offence under Section 489 A of the Indian Penal Code. Hence, the State has preferred present appeal under Section 377 of the Code of Criminal Procedure for enhancement of the sentence imposed by the learned trial Court.