BALDEVBHAI GELABHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. J.V. Japee, learned advocate appearing for the appellant and Ms. D.S. Pandit, learned A.P.P. for the State.

(2.) The appellant - original accused has assailed the legality and validity of the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge (Fast Track Court), Himatnagar in Sessions Case No.64 of 2003 on 15.10.2003. The total two accused persons were tried and chargesheeted for the offence punishable under Section 489 (A), 489 (B) and 489 (C) of Indian Penal Code. The present appellant No.1 is the original accused No.1 of the said Sessions Case tried and resulted into conviction and the appellant - accused No.2 is acquitted from all charges. The learned trial Judge has acquitted even the present appellant - accused No.1 from the charges for the offence punishable under Section 489 (A) of Indian Penal Code. However, the learned trial Judge held the appellant - accused No.1 guilty of the charge for the offence punishable under Section 489 (B) and 489 (C). For the offence punishable under Section 489 (B), the appellant - accused No.1 is ordered to undergo R.I. for seven years and to pay a fine of Rs.5,000/-, in default, punishment is for the said offence is S.I. for one year. For another offence punishable under Section 489 (C), the appellant - accused No.1 is sentenced to undergo R.I. for five years and to pay a fine of Rs.2,000/-, in default, the punishment imposed is of six months S.I. This very order of conviction and sentence has been challenged by the present appellant - accused No.1.

(3.) Mr. Japee, learned advocate and Ms. D.S. Pandit, learned A.P.P. have taken me through the relevant - oral as well as documentary evidence led before the learned trial Court. The sum and substance of the case of the prosecution is that on receipt of the information, the police had organised the trap and the accused, when he was shwoing with fake counterfeit currency notes, he was caught. The trap officer then arrested him with the conscious possession of such currency notes with the container i.e. the bag, that the appellant - accused No.1 was carrying with him, thus he was found with fake currency notes of Rs.1,60,000/-.