I.A. Ansari, J.

1. This appeal is directed against the judgment and order, dated 04.06.05, passed, in Sessions Case No. 23/2004, by the learned sessions Judge, Morigaon, arising out of GR Case No. 525/2000, convicting the accused-Appellant under Section 489B IPC and sentencing him to undergo rigorous imprisonment for a period often years and pay fine of Rs. 50,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of five years.

2. The case of the prosecution, as unfolded at the trial, may, in brief, be described as follows: Constable Radheshyam Bhar of 5th A.P. Bn. gave, on 16.10.2000, at about 10.30 a.m., to the then i/c, Neli Police Outpost, Sub-Inspector Thuleswar Bora, a currency note of rupees five hundred denomination and asked for change. As Sub-Inspector Thuleswar Bora suspected that the said currency note was a fake one, he made a query from Constable Radheshyam as to where he had got the said currency note from. Responding to the query, so made, Constable Radheshyam replied by saying that he had received the said currency note from Constable Abdul Sobhan Khan (i.e., the accused-Appellant), who also belonged to 5 the A.P. Bn. A s