(1.) THE appellant-Roney Dubey, a resident of jammu, was charged under Ss. 498-A, 489-C, 489-D and 489-E. He was convicted by a judgment and order dated 25th November, 2003 passed by the learned Additional Sessions Judge, 1st Court, Jalpaiguri in sessions Trial No. 19/2002 arising out of Sessions Case No. 37/2002 for offences under each of the aforesaid sections and by a further order passed on the same date, he was sentenced to suffer imprisonment for 10 years as also to pay fine of Rs. 5,000/-, in default, to suffer further imprisonment for six months under S. 489-A of the Indian penal Code; imprisonment for 7 years for offence under S. 489-C and further imprisonment for 10 years as also to pay fine of rs. 5,000/ -. in default, to suffer further imprisonment for six months for the offence under S. 489-D of the Indian Penal Code. All the sentences were directed to run concurrently subject to the provisions of S. 428 of the Code of Criminal Procedure. The convict has come up in appeal.
(2.) BRIEFLY stated the case of the prosecution, appearing from the FIR, lodged by Sub-Inspector Debashish Bose, Officer-in-Charge of New Jalpaiguri Outpost is as follows :-On 21st February, 2001 at 2. 25 hours acting on a source information the de facto complainant along with Sub-Inspector B. Roy, Sub-Inspector S. K. Bhattacharjee, Sisir sinha, Nripen Roy and Subir Sen accompanied by the witnesses Shri Hari Dewan and shri Ganesh Roy reached the Dewan Hotel and raided the room No. 14 thereof where the convict was found, who upon interrogation disclosed that he had come from Delhi and had been staying at Dewan Hotel since 16th February, 2001. On search, three fifty rupee denomination notes of the Indian currency, believed to be counterfeit, were recovered from the pocket of his underwear. On thorough search, one xerox machine, one voltage stabiliser together with accessories, one gold star multipurpose office paper packet containing 115 pieces of white papers and one used white paper with some impression of the Indian currency were seized from the room No. 14 in the presence of the witnesses. The accused is alleged to have stated on interrogation that he copied the Indian currency notes of fifty rupee denomination from the coloured xerox machine for the purpose of using the same as genuine. It was, on that basis, complained that the accused possessed fake counterfeit currency notes of Rs. 50/- each aggregating to a sum of Rs. 150/ -.
(3.) MR. Bhattacharyya, learned Advocate appearing for the appellant submitted that the judgment under challenge is perverse. No legal evidence, according to him, is there on the record which might even remotely suggest any incriminating factor against the accused. Therefore the point for consideration is whether the conviction and sentences ordered by the learned trial Judge can be upheld on the basis of the evidence adduced by the prosecution.