HILAL AHMAD MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 25th March, 2015 passed by learned Assistant Sessions Judge, Bolpur, Birbhum in connection with sessions case no. 78 of 2014 whereby and whereunder learned Judge has convicted the appellant for the offence under Section 489B/489C/120B of the Indian Penal Code and thereby sentenced him to suffer simple imprisonment for 4 years and to pay a fine of Rs.20,000/- for the offence under Section 489B and 3 years simple imprisonment and Rs.10,000/- only as a fine in respect of the offence under Section 489C of the Indian Penal Code in default simple imprisonment for the 1 year and 6 months simple imprisonment for the offence under Section 120B of the Indian Penal Code. Learned Judge has further directed that the sentences shall run concurrently.

(2.) Being aggrieved by and dissatisfied with such order of conviction and judgement the appellant has preferred this appeal on amongst other grounds that learned trial Judge did not consider the discrepancy in the number of alleged fake currency notes at the time of seizure and at the time of examination of the same by the expert. Secondly, learned trial Judge also did not consider that the independent witnesses did not support the case of the prosecution and in fact there was absolutely no evidence of Section 489B of the Indian Penal Code whereby the appellant may be convicted for the offence of using the alleged fake currency.

(3.) The further ground of appeal is that the factum of seizure being doubtful, learned trial Court ought not to have convicted the present appellant for the aforesaid offences and such doubt in the case of the prosecution is apparent from the face of the judgement.