(1.) The learned Counsel for the appellant in Crl.A. No. 766 of 2008 and the appellant in Crl.A. No. 436 of 2008 are the accused 1 and 3 respectively in C.C. No. 1 of 2008, on the file of the Additional Special Judge for CBI Cases, Chennai. Both the accused have pleaded guilty before the trial Court and on the basis of that plea of guilt, the trial Court convicted and sentenced them as follows:
(2.) Mr. Shanmughavelayutham, learned Senior Counsel appearing for the appellants in both cases submitted that though the appellants pleaded guilty, with regard to the several charges, as far as the charge under Section 255 IPC is concerned, there is no material to frame such charge and the trial Court has erroneously framed charge. The first charge against the accused was counterfeiting adhesive and non-adhesive stamps. But according to the prosecution counterfeiting was carried only at Pune and thereafter only the stamp papers were distributed, sold and offered for sale at various places.
(3.) The learned Senior Counsel further submitted that with regard to the counterfeiting of adhesive and non-adhesive stamps, a case was filed against the first accused Telgi by CBI in Special Case No. 2 of 2003 before the Special Judge, Pune. In the said case, the first accused has already pleaded guilty and on that basis judgment was also delivered on 26.08.2007, convicting him for various offences including for the offence under Section 255 IPC. For the offence under Section 255 IPC he was sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs. 50 lakhs. Having been convicted already under Section 255 IPC, for counterfeiting the stamp papers which were prepared at Pun, once again convicting the accused for the same offence would amount to autrefois convict. Even otherwise as per the materials placed before the Court in this case, there is no material to show that counterfeit of stamp papers was carried out in Chennai. Even as per the statement of the approver, Sairabanu that the first accused Abdul kareem used to send the fake stamp papers through courier or through messenger from Mumbai. There is no witness to the effect or there is no material to show that counterfeiting fake stamp papers were prepared at Chennai.