MOHAMMAD ASHRAF RESHI Vs. STATE OF J&K

JUDGEMENT

(1.) The appellant has called into question judgment dtd. 23/7/2007, passed by learned Sessions Judge, Jammu, whereby he has been convicted of offences under Sec. 489-B and 489-C of the RPC. Challenge has also been thrown to order dtd. 26/7/2007, passed by the learned Sessions Judge, Jammu, whereby the appellant in proof of offence under Sec. 489-B of RPC has been sentenced to undergo rigorous imprisonment of three years and a to pay a fine of Rs.10,000.00 whereas in proof of offence under Sec. 489-C of RPC, the appellant has been sentenced to undergo rigorous imprisonment of two years with a fine of Rs.5,000.00. In default of payment of fine, the appellant has been directed to undergo further imprisonment of like nature for a period of six months and three months respectively.

(2.) Briefly stated, case of the prosecution is that on 29/10/1999, the police of Police Post, Parade, Jammu, received an information that a Kashmiri person, namely, appellant herein, has purchased certain articles from Sumitra Gift Centre, Purani Mandi, against payment of fake notes. This information was entered into Daily Diary and on its basis, FIR No.154/1999 for offences under Sec. 489-B and 489-C RPC was registered with Police Station, Pacca Danga, Jammu. Investigating Officer, PW-5, Himat Singh, proceeded to the spot and apprehended the appellant while tendering fake notes. Four fake currency notes of five hundred denomination bearing serial Nos.9RC 808110, 5XN 828917, 1HB 568116 and 5RE 972511 were recovered from the possession of the appellant. One of the notes bearing No.1HB 568116 was found torn from the center whereas another note bearing No.5RE 972511 was found in a wrinkled condition. The seized notes were sent for examination to Assistant Manager, Reserve Bank of India, Railway Road, Jammu, who opined that these notes are fake in nature. Accordingly, offences under Sec. 489-B and 489-C of RPC were found established against the appellant and the charge sheet was laid before the trial court.

(3.) The accused denied the charges and claimed to be tried. The prosecution in order to prove charges against the appellant, examined as many as six witnesses, namely, PW-1, Pardeep Sharma, PW-2, Ashok Kumar SGC, PW-3, Rakesh Kumar, PW-4, Shahab Danish, PW-5, Himat Singh Inspector, and PW6-Sanjeev Mahindroo.