PATRIC INDICA GRIGORI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned advocate for the appellant and the learned A.P.P. for the State.

(2.) The appellant-original accused has challenged the judgment and order dated 21.2.2007 passed by the learned 13th adhoc Addl. Sessions Judge, Sewree, Mumbai in Sessions Case No.482 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellant under Sections 389(B) of IPC and under Section 420 of IPC. For the offence under Section 489(B) of IPC, the appellant was sentenced to RI for five years and fine of Rs.1000/- i/d S.I. for one month. For the offence under Section 420 of IPC, the appellant was sentenced to RI for three years and fine of Rs.1000/- i/d SI for one month. The learned Sessions Judge directed that both the substantive sentences shall run concurrently.

(3.) The prosecution case briefly stated is that the appellant went to shop of the complainant P.W.1 Shazia Shaha and purchased ladies garments worth Rs.5600/-. Appellant handed over two notes of 50 Euro currency as the purchase price of the above mentioned garments. Rs.5600/- was paid. Rs.200/- was returned to the appellant. Thereafter, again the appellant came to the shop of the complainant. In the meantime, the complainant had already became aware that two Euro notes were counterfeit, hence, when the appellant came to the shop of complainant second time, he came to be apprehended and CR came to be lodged against the appellant.