OMPRAKASH DWARKAPRASAD SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) INSTANT batch of three criminal appeals under Section 374 of the Code of Criminal Procedure ('the Code' for short) is directed against the judgment and order dated 9.6.2006 rendered in Sessions Case No.6 of 2005 by the learned Additional Sessions Judge, Fast Track Court No.2, Ahmedabad City, by which the appellants of all these three appeals, who are original accused Nos.1, 2 and 3 respectively ('A -1', 'A -2' and 'A -3' for short) have been convicted for commission of the offences punishable under Section 489B and Section 489C read with Section 34 and Section 120B of the Indian Penal Code ('IPC' for short) and all of them have been sentenced to suffer R.I. for ten years and fine of Rs.5,000/ - i.d., R.I. for further period of one year for commission of the offenecs punishable under Section 489B and Section 489C read with Section 34 and Section 120B IPC.

(2.) THE prosecution case as disclosed from the FIR and unwrapped during the trial is as under:

(3.) MS . Sadhna Sagar, learned advocate for A -1 and Mr. Yogesh S. Lakhani, learned advocate for A -2 and A -3, have submitted that the trial Court has committed a grave error in appreciating the facts and the evidence on record and has wrongly convicted the accused for the offences with which they are charged. According to them, in the entire length and breadth of the prosecution evidence, ingredients to prove the commission of the offences under Sections 489B and 489C are not satisfied because none of the accused had the knowledge that the currency notes possessed by them were fake. The evidences adduced by the prosecution do not even remotely suggest that the accused had any knowledge that they were possessing fake currency notes and not genuine currency notes. Evidence in this regard is totally silent.