FAIJAN RIZWAN KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, who were accused Nos. 1 and 2 in Sessions Case No. 250 of 2003, have by this Appeal, challenged their conviction for the offences punishable under Sections 489-C and 489-D read with Section 34 IPC and sentence to undergo rigorous imprisnment for seven years with fine of Rs.5,000/- under Section 489-C and R.I. for ten years with fine of Rs.5,000/- under Section 489-D awarded by the learned Additional Sessions Judge, Greater Mumbai, by the Judgment and order dated 18.2.2005.

(2.) The prosecution case, in brief, is that on 10.1.2003, PSI Maheshkumar Thakur of DCB CID, Mumbai Unit-XII got information that two persons would be coming near Hotel Dayanand, Dahisar Railway Station at about 1.00 p.m. with fake currency notes. He passed on this information to his senior and at about 12.30 p.m. PSI Maheshkumar Thakur and his staff went to Dayanand Hotel in a private vehicle. The vehicle was parked at some distance from the Hotel and they watched for the suspected persons. At about 1.05 p.m., two persons came there. They were as per the description given by the informant. As their movements appeared to be suspicious, the police took them in custody and immediately called two panch witnesses. In presence of the panch witnesses, personal search of both the accused was taken. During the search, 25 fake currency notes of the denomination of Rs.100/- each were found with accused No.1 - Faijan and 10 fake currency notes of the denomination of Rs.100/- each were found with accused No.2 - Rafiq. The numbers of all the currency notes seized from the accused Nos. 1 and 2 were same. These notes were seized and sealed under a panchnama. After that, PSI Thakur and his staff members took both the accused persons and the seized property to the Police Station, where API Dattatray Sankhe recorded FIR of PSI Maheshkumar Thakur. Crime No.17/2003 came to be registered under Section 489-A, 489-B, 489-C, 489-D read with section 34 IPC against both the accused. Investigation was done by PSI Maheshkumar Thakur under direct supervision of API Dattatray Sankhe. On the basis of information given by accused No.1, his bag was seized from the Regal Boutique at Bandra and during search of that bag, besides some clothes, Rubber stamp and ink pad, 114 fake currency notes of denomination of Rs.100/- each were recovered. The said notes and other articles were also seized under a panchnama. Later on, on the basis of information given by the accused No.1 a scanning machine was seized from Al-Habib Hotel. The said machine was wrapped, sealed and seized under a panchnama. The fake currency notes seized from both the accused were referred to Security Press and the Security Press report confirmed that the notes were counterfeit. After investigation, charge-sheet was filed against both the accused and the case was committed to the Court of Sessions.

(3.) The trial court framed charges under Sections 489-A, 489-C and 489- D read with Sec. 34 IPC. The accused pleaded not guilty. On behalf of the prosecution, in all seven witnesses were examined. Several documents were also placed on record. After hearing both the sides, the learned Additional Sessions Judge convicted both the accused under Sections 489-C and 489-D read with Section 34 IPC and sentenced them as stated earlier.