HUSSAIN SHABBIR MAHIUDDIN GANGAWALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant/accused is challenging the judgment and order dated 22nd November 2011 passed by the learned Additional Sessions Judge, Pune, thereby convicting him of offences punishable under the Section 489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 5 years apart from imposition of fine of Rs.5,000/- and in default thereof, directing him to under go further rigorous imprisonment for 6 months.

(2.) Facts, in brief, leading to the prosecution as well as resultant conviction of the appellant/accused, can be summarized thus :

(3.) I have heard Ms.Ayubi, the learned counsel appearing for the appellant/accused, at sufficient length of time. She drew my attention to evidence of defence witnesses and particularly to that of DW6 Asseem Mohd. Ali Shaikh, reporter working with Times of India and contended that evidence of defence witnesses do indicate that the appellant/accused was not arrested on 30th December 2008 by the police. The defence evidence indicates that the appellant/accused came to be arrested by police much prior to 30th December 2008 and a stage managed show that he was arrested along with fake currency notes on 30 th December 2008 came to be arranged by the police subsequently. The learned counsel further drew my attention to the newspaper reports including the issue of the newspaper at Exhibit 81. With this, the defence argued that the appellant/accused is entitled for benefit of doubt.