DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Darshan Singh was prosecuted in a case FIR No. 175 dated 23.09.1999 registered at Police Station Ropar under Sections 489B and 489C IPC. The Court of Additional Sessions Judge, Rupnagar, vide its impugned judgment dated 5th January, 2002 held the Appellant guilty of an offence punishable under Sections 489B and 489C read with Section 511 IPC and vide a separate order of even date, sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/ -, in default of payment of fine to further undergo rigorous imprisonment for one month under Section 489C IPC. The Appellant was further sentenced under Section 489B read with Section 511 IPC to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 500/ -, in default of payment of fine to further undergo rigorous imprisonment for one month. Both the substantive sentences were ordered to run concurrently.

(2.) PRESENT appeal challenges the conviction recorded and the sentence awarded to the Appellant.

(3.) IT has surfaced in the testimony of SI Harjinder Singh PW -3 that when they reached at the spot, they found the accused standing at the Rehri (vending cart) of Mohammad Rafi, a fruit seller. The accused was having a currency note of the denomination of Rs. 500/ -in his hand and was in the process of making payment to the said fruit seller when he was apprehended. The currency note was found to be fake, as its colour was faded. The currency note so recovered was later -on brought on the record as Ex.P4. The accused was interrogated and the note was taken into possession vide recovery memo Ex.PB, which was attested by Mohammad Rafi and ASI Sukh Ram. The accused made a disclosure statement Ex.PD, which was attested by ASI Sukh Ram and Constable Chandgir. Since it had already become late in the night, the accused was kept in the police lock -up and was produced before the Illaqua Magistrate on the next day. In pursuance of the disclosure statement Ex.PD, the accused led the police party to his village Boonga Sahib and from underneath the pillow of his bed in the bedroom, he produced three currency notes of the denomination of Rs. 500/ -each, which were also fake and were exhibited as Ex.P1 to P3. All the four currency notes were sent to Reserve Bank of India, Chandigarh, which also gave a report that the same were fake. In cross -examination, SI Harjinder Singh PW -3, stated that nobody from the public including Mohammad Rafi came forward to attest the disclosure statement and the recovery memo.