JUDGMENT :

Rajendra Chandra Singh Samant, J.

This appeal has been preferred against the judgment of conviction and order of sentence, passed by the learned 8th Additional Sessions Judge, Raipur, District - Raipur (C.G.) in Sessions Trial No.141/1996 on 26.09.2015, convicting the appellants for the offence under Section 489 (B) and 120-B of the Indian Penal Code and sentencing them to undergo R.I. 10-10 years, for the offence under Section 489 (C) and 120-B of the Indian Penal Code and sentencing them to undergo R.I. for 7-7 years and for the offence under Section 137 of Railway Act, 1989 and sentencing them to undergo S.I. for 6-6 months with default stipulations.

2. Facts of the case in brief is this that on 10.10.1995, Sub-Inspector, S.N. Tripathi (P.W.19) (retired) received information that one person is travelling in Ahmadabad Howrah Express and he is in possession of counterfeit currency notes. A team was constituted to apprehend the said person in possession of counterfeit currency notes. The said person was apprehended and brought to the Police Station -GRP, Bilaspur. On search, the appellant Sunil Santwani was found in possession of counterfeit currency notes, which was seized vide Ex.P-12. The appellant - Sunil Santwani was in possession of fake counterfeit currency notes of value Rs.10,87,900/-. FIR (Ex.P-20) was lodged.

3. The appellant - Rajesh Sethiya was in accompany of the main accused person. Counterfeit currency notes that were seized were sent for examination to Currency Note Press, Nasik and where from the report was received. The counterfeit currency notes found in possession of the appellant were counterfeited and fake. The appellants were also traveling without ticket in Coach No.S-9 of Ahmadabad Howrah Express train No.8033. On completion of investigation, charge-sheet was filed.

4. The trial Court charged the appellants with offence under Section 489(B), 489(C) of the Indian Penal Code, Section 137 of Railways Act and Section 120-B of the Indian Penal Code. The other co-accused persons namely Hemant Kumar Godra @ Jat, Mohan Chand Baid, Manoj Jain @ Manoj Singh and Sunil Jain @ Sunil Purohit were charged with offence under Section 120-B of the Indian Penal Code. The appellants and the other co-accused persons denied the charges and prayed for trial. The prosecution examined as many as 23 witnesses on its behalf. On examining the appellants and other co-accused persons under Section 313, they denied all the incriminating evidence against them and pleaded innocence and false implication. No witness was examined in defence. On completion of trial, judgment has been delivered, in which the appellants stand convicted and sentenced as mentioned aforesaid, whereas rest of the accused persons were acquitted of the charge under Section 120-B of the Indian Penal Code.

5. It is submitted by the learned counsel appearing on behalf of the appellants, that the trial Court has passed totally erroneous judgment of conviction without there being any basis of reliable and cogent evidence in support of the charge. The prosecution has failed to prove the case against the appellants beyond all reasonable doubts. All the independent witnesses of search and seizure memos have not supported the prosecution case. The appellant No.2 - Rajesh Sethiya has been arrayed as an accused on the basis of the memorandum statement given by the appellant No.1 Sunil Kumar Santwani. There is no specific expert report from Currency Note Press Nasik to this effect that the currency notes seized, were counterfeit. On behalf of the appellant No.1, it is submitted that only offence committed by him was this that he was traveling without ticket in the train. The bag, which was seized by the police did not belong to the appellant. T.T.E., V.B.S.N. Rao (P.W.-6) has testified before the Court below and has not identified the appellant as the person from whom, the seizure has been made. The appellant was a simple passenger in the train and he was not in consc