MD SAHAJAHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 31.07.2009 passed by the learned Additional District and Sessions Judge, Fast Track 3rd Court, Bichar Bhavan, Calcutta in Sessions Trial No. 7(6)-2008 arising out of Sessions Case No.31/2008 convicting the appellant for commission of offence punishable under Section 489B and 489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for eight years and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for six months for the offence punishable under Section 489B of the Indian Penal Code and sentencing the appellant to suffer six years rigorous imprisonment and to pay a fine of Rs.5,000/-, in default to suffer six months for the offence punishable under Section 489C of the Indian Penal Code. Both the sentences to run concurrently.

(2.) The prosecution case, as alleged, against the appellant is to the effect that on 06.03.2008 S.I. Subrata Lahiri of New Market P.S. received reliable source information that one well built person aged about 35-40 years of dark complexion shall come near Hindustan Bar and Restaurant within New Market P.S. with huge amount of fake Indian currency notes (hereinafter referred to as 'FICNs') for selling the said counterfeit notes. He diarized such information. Thereafter, at around 16.15 hrs on that day he along with other police officers proceeded to the spot to work out the said information. The source led them in front of Hindustan Bar and Restaurant and they waited there. Around 16.50 hrs their source suddenly pointed out a dark complexioned, well built man aged about 35-40 years, wearing a lungi and shirt crossing the interception of Lindsay Street and J.L. N. Road from south to north. They intercepted the appellant. The appellant disclosed his identity as the appellant. Many people assembled there. They requested those persons to witness the search. Two of them agreed to witness the earch. In course of search of the appellant fifty pieces of notes of denomination Rs.500/- and five pieces of notes of denomination Rs.1000/- suspected to be fake were recovered from the possession of the appellant. The appellant failed to given any satisfactory answer as to the possession of such currency notes suspected to be fake. Those currency notes were seized under a seizure list. The notes were also packed, labelled and signed by the witnesses as well as the appellant. Thereafter, the appellant along with seized notes were taken to New Market P.S. S.I., S.K. Mitra lodged written complaint at the police station and the appellant was arrested. On the complaint of S.I., New Market P.S. Case No. 65 dated 06.03.2008 was registered for investigation. The seized notes were sent for forensic examination. On receipt of report from Currency Notes Press, Government of India, Nasik Road, Nasik charge-sheet was filed against the appellant under the Section 489B/489C of the Indian Penal Code. Charges were framed under Sections 489B/489C of the Indian Penal Code against the appellant who pleaded not guilty and claimed to be tried. The defence of the appellant was one of innocence and false implication.

(3.) In the course of trial the prosecution examined six witnesses. The defence examined three witnesses including himself who sought to be probabilized that the appellant owned a S.T.D. booth and had been falsely implicated in the instant case.