FAYAZ AHMAD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE convict has come in appeal against judgment dated 26/28.5.2010 passed by learned Sessions Judge, Kullu in Sessions Trial No. 13 of 2008 whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for two and half years and to pay fine of ` 25,000/- for the offence punishable under Section 420 read with Section 511 IPC. In default of payment of fine, the convict shall further undergo simple imprisonment for three months.

(2.) THE prosecution case, in brief, is that Fayaz Ahmed and Rayees Ahmed approached the complainant Nirlep Singh, who was residing in hotel Paradise Shadow, Nehru Kund Manali on 20.5.2007 at about 5.15 p.m. THEy disclosed to the complainant that they were having one million Euro currency note and they wanted to exchange the same in Indian currency. Fayaz Ahmed had shown the currency note alongwith certificate of authenticity and copper zinc plate having engraved number of the said currency note. According to the prosecution, the value of the said Euro currency note was ` 5,60,000 crore.

(3.) I have heard Mr. Varun Rana, Advocate, learned counsel for the appellant as well as learned Additional Advocate General assisted by Assistant Advocate General for the respondent and have also perused the record. It has been submitted on behalf of the appellant that the learned Sessions Judge has not properly appreciated the evidence on record and has erred in convicting and sentencing the appellant. On the basis of material on record, no case is made out against the appellant. The learned counsel for the appellant has prayed for acceptance of appeal and acquittal of the appellant. On behalf of the respondent, it has been submitted that the learned Sessions Judge has rightly appreciated the evidence on record and no fault can be found with the conviction and sentence of the appellant. A prayer has been made for dismissal of the appeal.