SWADHIN GHOSH Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment and order of conviction, passed by learned Additional Sessions Judge, Fast Track Court - II, Jangipur, Murshidabad, in Sessions Serial Case No. 458 of 2013 (Sessions Trial Case No. 3 of December, 2013) where learned Trial Court found the appellant guilty of the offence punishable under Sec. 489C of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 5000/ -, in default to suffer simple imprisonment for 3 months, subject to set off in terms of Sec. 428 of the Code of Criminal Procedure.

(2.) Briefly stated, the case of the prosecution, as revealed from the First Information Report (Exhibit - 1), is that on 31st day of May, 2013 while the de facto complainant, Sub -Inspector Pradip Kr. Mishra of Farakka Police Station, (District - Murshidabad), being accompanied by some police personnel while on petrol duty, got information from a secret source that one local rowdy was moving in a suspicious manner after getting down from a Malda bound vehicle and he was apprehended by the de -facto complainant and he disclosed his name as Swadhin Ghosh of Bagdabra (P.S. -Farakka) and the de -facto complainant seized 42 pieces of Fake Indian Currency Notes, found from the right side pocket of his inner wear (Jangia). On interrogation he confessed that he was trying to introduce those fake Indian Currency notes as genuine in Jharkhand area and the appellant further admitted that he was waiting for any Bagdabra bound vehicle. The police arrested him at the spot, beside Koshalpur Bridge on N.H. 34, seized those fake notes on preparation of a seizure list in presence of the witness and ultimately he was brought before learned trial Court to answer the following charges: -

(3.) The substance of accusation was read over and explained to the accused/appellant in Bengali language to which he pleaded not guilty and obviously he claimed to be tried.