STATE OF HIMACHAL PRADESH Vs. RAFIQ MOHAMMAD

JUDGEMENT

(1.) This is the case of prosecution that on 23.8.2004, accused went to the shop of Keshav Sahni (PW-1) to purchase ten pieces of T-Shirts. Items were selected and price contracted. Accused tendered two currency notes of denomination of Rs. 1000/- each towards the sale consideration. PW-1 Keshav Sahni noticed that "perhaps" currency notes handed over by the accused were not genuine, as such he informed the police. Rojnamacha (P-J) was recorded by the police on the basis of which F.I.R No. 264/2004 (Ex. PL) dated 7.12.2004 was registered with Police Station Solan under Sections 489-B, 489-C and 420 of Indian Peal Code. Police commenced investigation and SI Anant Ram (PW-9, Inspector(SHO) Smt. Babita Rana (PW-10) investigated the matter along with ASI Ratan Chand (PW-7) and H.C Madan Lal (PW-6). Four more currency notes of similar denomination were recovered from the possession of the accused. Deputy Manager of Punjab National Bank, Solan namely Mahesh Gambhir (PW-2) examined the currency notes and found the same to be fake and counterfeit. Police recorded the statement of witnesses. Police later got recovered eleven more currency notes of similar denomination from the residence of the accused. Recovery of currency notes were carried out in the presence of Robin Hatti, Chandermohan and Yoginder Kumar. Currency notes were sent to F.S.L, Junga where Meenakashi Mahajan (PW-8) Assistant Director Documents & photographic Division, gave opinion Ex. PK. With the completion of investigation, challan was presented in the Court for trial.

(2.) The accused was charged for having committed offences punishable under Sections 420, 489-B and 489-C of the Indian Penal Code to which he did not plead guilty and claimed trial.

(3.) In order to prove its case, prosecution examined ten witnesses and statement of accused under Section 313 of Code of Criminal procedure was also recorded.