SAWKAT ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against an order of conviction and sentence imposed by court below for offences found to be punishable under Section 489B and 489C of the Indian Penal Code, for short IPC.

(2.) Heard the learned counsel for the appellant and learned Public Prosecutor assisted by the learned Government Advocate.

(3.) On the basis of a tip off, the appellant and one Ajijur Rahaman were intercepted from Suruchi Hotel at Dhulian Market. 125 pieces of Fake Indian Currency Notes ('FICN' for short. of Rs. 500/- denomination each were recovered from inside the underwear of the appellant and 100/- pieces of FICN of Rs. 500/- denomination each from the inside pocket of the jacket of Ajijur Rahaman. Both of them were arrested and FICN of Rs. 1,47,000/- were seized from them. After due process of registering the case in the Police Station and on completion of investigation, the learned Additional Sessions Judge, Jangipur, sent the accused Ajijur Rahaman to Juvenile Court by order dated 14.02.2007 since he was a minor on the date of occurrence. The case against the appellant Md. Sawkat Ali was committed to the Court of Session. The Court below framed charge against the appellant for offences punishable under Sections 489B and 489C of the Indian Penal Code. The accused pleaded not guilty, and was tried. At conclusion of trial, the accused was found guilty of the offences punishable under Sections 489B and 489C of the Indian Penal Code. After hearing on the question of sentence, the appellant was sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 10,000/- and in default, to undergo rigorous imprisonment for one year for the offence punishable under Section 489B of the Indian Penal Code. The appellant was also sentenced to suffer rigorous imprisonment for two years for the offence punishable under Section 489C of the Indian Penal Code.