Puranik Dhagesh vs State Of Chhattisgarh

Conviction,Sentence

Under Section 489C of the Indian Penal Code,"Rigorous Imprisonment for 5 years and fine of

Rs.10,000/- with default stipulation

the prosecution and turned hostile. Mineshwar Baghel (PW8) has further deposed that the seized counterfeit currency notes were sent to,

Mahaprabandhak, Currency Notes Press, Nasik vide memo dated 19.9.2016 (Ex.P21) for examination. Report of the Press is Ex.P23.",

On a minute examination of the above evidence available on record, it is clear that apart from Investigating Officer Mineshwar Baghel (PW8),",

none of the prosecution witnesses has supported the case of the prosecution. With regard to the seizure of the counterfeit currency notes, there is",

nothing on record on the basis of which the statement of Mineshwar Baghel (PW8) could be disbelieved. There is nothing on record on the basis of,

which it could be said that Investigating Officer Mineshwar Baghel has falsely implicated the Appellant. From the statement of Mineshwar Baghel,

(PW8), it is well established that he made seizures of the counterfeit currency notes in presence of the two seizure witnesses. The Report (Ex.P23) is",

also positive. The argument advanced by Learned Counsel appearing for the Appellant that the counterfeit currency notes were not produced before,

the Trial Court during trial and, therefore, the trial is vitiated is not sustainable because from paragraph 18 of the statement of Investigating Officer",

Mineshwar Baghel (PW8) it is clear that 34 counterfeit currency notes of Rs.1,000/- (Articles A1 to A34), 21 counterfeit currency notes of Rs.500/-",

(Articles A35 to A55) and 19 counterfeit currency notes of Rs.100/- (Articles A56 to A74) were produced before the Trial Court during recording of,

the statement of this witness. Thus, in my considered opinion, the finding of the Trial Court is based on the evidence available on record. I find that the",

Appellant has rightly been convicted by the Trial Court. Therefore, the conviction of the Appellant under Section 489C of the Indian Penal Code is",

affirmed.,

As regards sentence part, it is reported that the Appellant is in jail since 5.9.2016. Out of the total jail sentence of 5 years, he has already suffered",

about more than 3 years. He is facing the lis since 4.9.2016. I am of the view that it would be in the interest of justice if the Appellant is sentenced for,

the period already undergone by him and the amount of fine of Rs.10,000/- is enhanced to Rs.1,00,000/-. Ordered accordingly. In default of payment",

of the fine, the Appellant shall be liable to undergo additional rigorous imprisonment for 6 months. If any amount has already been paid towards fine,",

the same shall be adjusted in the amount of fine of Rs.1,00,000/-.",

Consequently, the appeal is allowed in part to the extent indicated above.",

Record of the Court below be sent back along with a copy of this judgment forthwith for information and necessary compliance.,