MOHD FAROOQUE YUSUF CHAIWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants were the accused Nos.1, 2, 3, 4, 6 and 10 respectively in Sessions Case No.582 of 2002. By his judgment and order dated 21st February, 2005, the 11th AdHoc Additional Sessions Judge at Sewree, Mumbai, convicted the Appellants for the offences punishable under Sections 489B and 489C of the Indian Penal Code. The learned Judge imposed a sentence of imprisonment for life and a fine of '10,000/with a default sentence of R.I. for three months with respect to the offence punishable under Section 439B of the IPC and a sentence of R.I. for seven years and fine of '10,000/with a default sentence of R.I. for three months with respect to the offence punishable under Section 489C of the IPC. The Appellants had been charged also with respect to offences punishable under Sections 489A, 489D and 120B of the IPC, but the learned Judge acquitted them of the charge of the said offences. Being aggrieved by the order of conviction and sentence, as passed by the learned AdHoc Additional Sessions Judge, the Appellants have approached this Court by filing the present Appeals.

(2.) The prosecution case before the trial Court was in brief as follows :

(3.) The prosecution examined twelve witnesses during the trial, all of whom, except PW9, have been referred to above, while narrating the prosecution case. Subhashchandra Gupta (PW9), was, apparently examined to show that on a previous occasion one Mohd. Faizal (probably the original Accused No.5) had offered counterfeit currency notes to him, but this witness did not support the prosecution and was declared hostile. Even otherwise, the relevancy and admissibility of his evidence would be extremely doubtful.