T. THIANLALA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Zoramchhana, learned counsel for the appellant and Mr. C. Zoramchhana, learned Public Prosecutor, Mizoram for the State respondents.

(2.) This appeal filed by the appellant is directed against the Judgment & Order dated 09.08.2019, passed by the Court of Additional Session JudgeIII, Aizawl in SC No. 157/2017, arising out of Criminal Trial No. 1279/2017, whereby the appellant was convicted under Section 489 'C' of the Indian Penal Code (IPC). On his conviction, he was sentenced to undergo 2 years Simple Imprisonment with fine of Rs. 10,000/- and in default thereof, a further Simple Imprisonment for 1 month vide Order dated 16.08.2019. In respect of the co-accused Smt. Lalbiakthangi Varte, who was also charged with the same section of law, she was acquitted of the charge vide the impugned Judgment & Order dated 09.08.2019.

(3.) The case of the prosecution in brief is that on receiving certain information, the team of CID (SB) on 31.03.2017 at 4:30 PM, apprehended the appellant at the roadside of Zonuam, Aizawl (beneath the graveyard) as he was found carrying suspected Fake Indian Currency Notes (FICN) inside a black rack sack. A total 305 numbers of Rs. 2000/- denomination suspected to be FICN amounting to Rs. 6,10,000/- were found inside the bag and seized in the presence of two civilian witnesses. As per the statement of the appellant, the FICN was given to him by Smt. Lalbiakthangi Varte @ Seni of Chanmari, Aizawl for reselling in order to earn handsome profit. Accordingly, Vaivakawn P.S. Case No. 40/2017 dated 31.03.2017 under Section 489'C' IPC was registered and investigation conducted. During the course of investigation, Smt. Lalbiakthangi Varte was also arrested and the statements of those arrested and that of the witnesses were recorded by the case Investigating Officer (case IO). Upon completion of the investigation, the case I.O submitted Charge Sheet No. 86/2017 dated 24.07.2017 before the Court of Chief Judicial Magistrate, Aizawl. Consequently, charge was framed by the Additional Session Judge under Section 489 'C'IPC against the appellant on 12.04.2018 and to which, he pleaded not guilty and claimed for trial. As such, trial commenced and in the process, the prosecution examined as many as 5 (five) prosecution witnesses, while the appellant did not examine any witness in his defence. Upon completion of the prosecution?s evidence, the appellant was examined under Section 313 of the Cr.P.C. and thereafter, upon hearing the parties, the learned Trial Court passed the impugned Judgment & Order, convicting the appellant and sentencing him to imprisonment as already stated hereinabove.