RAKESH KUMAR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal has been preferred as against the judgment and order of conviction respectively dated 28 -04 -2015 and 29 -04 -2015 passed by the the then Additional District & Sessions Judge, 2nd Fast Track Court, Bichar Bhawan, Calcutta, in Sessions Trial No. 4(5) of 2013 arising out of Sessions Case No. 49 of 2012 in which the sole appellant was convicted in respect of the charge punishable under Section 489B and 489C of the Indian Penal Code (hereinafter called as the said Code).

(2.) THE trial court was pleased to sentence the appellant to suffer rigorous imprisonment for five years and to pay fine of Rs. 5000/ - in default, to suffer rigorous imprisonment for one year for the offence punishable under Section 489B of the Code and the said appellant was also convicted in respect of the charge under Section 489C of the Code and was sentenced to suffer rigorous imprisonment for four years and to pay fine of Rs. 2000/ - in default, to suffer rigorous imprisonment for one year. The court, however, observed that both the sentences will run concurrently.

(3.) ONE complaint (PW 1) was filed in English by the de facto complainant giving rise to Burtolla P.S. Case No. 92 dated 07 -03 -2012 under Sections 489B, 489C and 120B of the Code. After the registration of the case, the case was handed over to one Goutam Ruj of the said police station for investigation and during the course of investigation, he forwarded those notes to the expert for his opinion and the expert opined that all those notes were found to be fake.