JUDGEMENT
-
(1.)This Appeal is preferred under Sec. 374 of Cr.P.C., challenging the judgment and order dtd. 15/3/2019, passed by
the Court of Additional Sessions Judge-6, Nashik, in Sessions Case
No.145 of 2009, convicting the appellant for the offence punishable
under Sec. 489(c) read with 34 of Indian Penal Code ("IPC', for
short), and sentencing him to suffer rigorous imprisonment for seven
years and to pay fne of Rs.25,000.00, and in default, to suffer simple
imprisonment for one year.
(2.)The case of the prosecution is as follows: Senior P.I. Mr.A.T. Powar attached to Gangapur Police
Station, Nashik received information to the effect that some persons
are indulging in counterfeiting the currency notes in a shop named as,
"Mobile World' owned by one Sanjay Varma situated at D'souza
Colony, Near Swami Samarth Chowk, Gangapur road, Nashik, and the
counterfeit currency notes are being circulated. On receipt of the
information, he summoned police offcers on 19/11/2008 and
informed them about the information received by him. Panchas were
called and they were appraised about the information received by
him. Thereafter, the police offcers and the panch witnesses visited
the said shop. One person who found present at the premises who
disclosed his name as Sudhakar Pande (accused no.1) and currency
notes having denomination of Rs.1000.00, and half printed notes of
Rs.500.00 denomination were recovered from the said shop. The
instruments, such as, Laptop, LCD, CPU, Laser Printer, xerox
machine, lamination machines, paper cutter, ink bottle etc., were also
seized and the pananchama in that regard was recorded (Exhibit-57).
FIR was recorded with Gangapur police station vide C.R.No.I-226 of
2008, was registered on 20/11/2008. Accused Sudhakar Pande was arrested. During his custodial interrogation, he gave
statement to the police recorded under Sec. 27 of Indian Evidence
Act. He disclosed that Sanjay Varma and Pramod Thakre (appellant)
hatched the conspiracy to counterfeit and circulate fake currency
notes of the denomination of Rs.1000.00 and Rs.500.00, while they were
in jail. The notes were counterfeited and kept in Zen Car. Accused
Sudhakar Pande, took the police party to D'souza colony and showed
the Zen car bearing No.MH-15/AF-5555, which was parked at the
said place. On inquiry, the name and address of the owner of the car
was disclosed as Pramod Thakre (accused no.3). The currency notes
were kept under the back seat of car. There was a Saffron colour bag
containing counterfeit notes and having stamp of Mobile World Shop.
On search of the car, currency notes of denomination of Rs.1000.00,
containing 900 notes were recovered and seized. The driving licence
of accused no.3 was also recovered. Panchanama (Exhibit-76-A) was
prepared. During the course of investigation, the recovered currency
notes were sealed. Thereafter, the currency notes were sent to
Forensic Science Laboratory for analysis. The report of FSL was
received indicating that all the currency notes were fake. Accused
were arrested. On completing investigation charge-sheet was fled for
the offences under Ss. 489-A, 489-B and 489-C of IPC. The
other accused are absconding.
(3.)Charge was framed by order dtd. 2/5/2015, under Sec. 489-A read with 34, 489-B read with 34 and 489-C read with
34 of IPC, against the appellant.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.