JUDGMENT

Arvind Singh Chandel, J. - This appeal is directed against the judgment dated 13.7.2017 passed by the Special Judge (N.I.A.)/Sessions Judge, Bilaspur in Special Case (N.I.A.) No.1 of 2017, whereby the Appellant has been convicted and sentenced as under:

Conviction

Sentence

Under Section 489C of the Indian Penal Code

Rigorous Imprisonment for 5 years and fine of Rs.10,000/- with default stipulation

2. Facts of the case, in brief, are that on 3.9.2016, Natthulal Sharma (PW3), owner of a cinema hall was informed by Sheikh Latif (PW2), an employee of the cycle stand and Rejendra Gupta (PW1), an employee of the canteen that somebody had given them counterfeit currency notes. Natthulal Sharma (PW3) lodged First Information Report (Ex.P6) on 4.9.2016. On 4.9.2016 itself, one note of Rs.100/- which was appearing to be counterfeit currency note was seized from Natthulal Sharma (PW3) vide Ex.P1 and one note of Rs.100/- which was also appearing to be counterfeit currency note was seized from Rajendra Gupta (PW1) vide Ex.P2. During investigation, it was found that one person had come to the cycle stand on a motorcycle bearing registration No.CG 08 H 2192, parked the motorcycle and given the said two counterfeit currency notes of Rs.100/- each to Rajendra Gupta (PW1) and Sheikh Latif (PW2). Jagbir Jamuriya (PW9), owner of the said motorcycle was inquired about the motorcycle. He disclosed that on the date of incident his said motorcycle was taken from from by the Appellant. Thereafter, on 5.9.2016, during interrogation, memorandum statement (Ex.P9) of the Appellant was recorded and on the basis of said memorandum statement, vide Ex.P10, one printer-cumphoto copier of Epson Company, one monitor of Dell Company, one keyboard of Logitech Company, one mouse of Logitech Company, one CPU of Intex Company, one dongle of Eyeball Company, four leads, one scissor, papers of A4 size, one adjection box, 34 counterfeit currency notes of Rs.1,000/-, 21 counterfeit currency notes of Rs.500/- and 19 counterfeit currency notes of Rs.100/- were seized from the possession of the Appellant. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. The seized counterfeit currency notes were sent to Mahaprabandhak, Currency Notes Press, Nasik for examination vide Ex.P21. Report is Ex.P23 in which it was found that all the currency notes sent to the Press in the denomination of Rs.100/-, Rs.500/- and Rs.1,000/- were counterfeit currency notes. On completion of the investigation, a charge-sheet was filed. Charges were framed against the Appellant under Sections 489A, 489B, 489C and 489D of the Indian Penal Code.

3. To rope in the accused/Appellant, the prosecution examined as many as 9 witnesses. Statement of the accused/Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the guilt. No witness has been examined in his defence.

4. After trial, vide the impugned judgment, the Trial Court acquitted the Appellant of the charges framed under Sections 489A, 489B and 489D of the Indian Penal Code, but convicted and sentenced him as mentioned in the first paragraph of this judgment. Hence, this appeal.

5. Learned Counsel appearing for the Appellant submitted that the Appellant has wrongly been convicted by the Trial Court. There is no evidence against him on the record. The conviction is based only on the statement of Investigating Officer Assistant SubInspector Mineshwar Baghel (PW8). None of the other prosecution witnesses has supported the case of the prosecution. Statement of Mineshwar Baghel (PW8) is suspicious and not reliable. The alleged counterfeit currency notes were not produced before the Trial Court and, therefore, the whole trial is vitiated. It was also submitted that if the Appellant is convicted by this Court, he may be sentenced for the period already undergone by him because he has already suffered jail sentence of about more than 3 years.

6. On the contrary, Learn