GOUTAM MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Lower court records have been received. The appeal is taken up for hearing upon dispensation with preparation of paper book.

(2.) The appeal is directed against the judgment and order dated 29.11.2016 passed by the learned Additional Sessions Judge, Fast Track, Second Court, Malda in Sessions case no. 460/2015 in Sessions trial no. 04(11)/2015 convicting the appellant for commission of offence punishable under Section 489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for six years and to pay a fine of Rs.2,000/- in default to suffer rigorous imprisonment for three months.

(3.) The prosecution case as alleged against the appellant is to the effect that on 29.06.2015 at around 11.15 hrs. duty officer of English Bazar P.S. received a source information that a person carrying fake Indian currency notes (hereinafter referred to as FICNs) was moving suspiciously at Rathbari more auto stand in front of Hotel Samrat. After diarizing such information vide G.D. Entry No. EBPS GDE No. 1583 dated 29.06.2015 and as per direction of I/C, SI Omar Faruque, the de facto complainant and P.W. 2 herein along with constable Subir Singh (P.W. 1), Ratan Chakrabarti (P.W. 5), constable Rejaul Karim (P.W. 7) and others left for Rathbari more at about 11.25 hrs and reached the said place at 11.35 hrs and waited in ambush at the said spot. Soon the suspected person was identified by the source and in presence of local people, namely, Amit Rabidas (P.W. 3) and Nikhil Choudhury (P.W. 4) the suspect was apprehended. The members of the raiding party offered the suspect to search them but he denied to do so.