2026:CGHC:10078 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No.603 of 2010 The date when The date when the The date when the judgment the judgment is judgment is is uploaded on the website reserved pronounced Operative Full

17.12.2025 26.02.2026 -- 26.02.2026

1 - Abhishek Sahu Aged About 25 Years S/o Chhabiram Sahu R/o Nayapara, PS Gobra Nayapara, Rajim, District Raipur (C.G.)

Appellant (s)

versus

1 - State Of Chhattisgarh through the Arakshi Kendra New Rajendra Nagar, District Raipur (C.G.)

Respondent(s)

CRA No.658 of 2010

1 - Saradu S/o Phool Singh Kashyap aged 32 years, R/o Village Peetechua PS Vishramgudi, District Bastar (C.G.)

Appellant (s)

Versus

1 - State Of Chhattisgarh through PS New Rajendra Nagar, Raipur (C.G.)

Respondent(s)

Digitally signed For Appellant (s) : Ms. Sharmila Singhai, Senior Advocate with Ms.

by R NIRALA Kanchan Kalwani, Advocate in CRA No.603/10 and Mr. J. A. Lohani, Advocate in CRA No.658/10 For Respondent(s) : Mr. Kishan Lal Sahu, Dy. GA Hon’ble Smt. Justice Rajani Dubey

C A V Judgment

1. Since both the appeals arise out of common judgment of conviction and order of sentence, as such the same have been clubbed together, heard together and are being decided by a common order.

2. The present appeals are directed against the judgment of conviction and order of sentence dated 17.08.2010 passed by the learned 9^th Upper Session Judge, FTC, Raipur (C.G.) in ST No.193/2007, whereby the appellants have been convicted under Section 489 (C) of IPC and sentenced to undergo RI for 2 years.

3. The prosecution case, in brief, is that on 09.06.2007 at about

1.30 P.M., the A.S.I. namely Kishor Soni received an information from the informant that two suspicious persons are standing in front of Ashoka Millennium, New Rajendra Nagar, Raipur. On the basis of information, Kishor Soni, Crime Squad and Constable No.1329 reached on the spot and made an enquiry from the appellants. On enquiry the said Police Official seized five fake currency notes, one mobile and a motorcycle from the present appellants. Thereafter the present appellants were taken into custody and First Information Report (Exhibit P-9) was registered against them. The seized fake currency notes were sent for examination and after examination it was found that it is the fake currency notes. After investigation, the charge sheet was filed before the concerned Magistrate and on the basis of the evidence adduced by the prosecution and material available on record, learned trial court convicted and sentenced the accused/appellants, as mentioned in para 2 of the judgment.

4. Learned counsel for the appellants submits that the judgment passed by the learned Trial Court is contrary to law and material available on record. There are material omissions and contradictions in the statements of the prosecution witnesses. The learned Trial Court erred in convicting the appellants solely on the basis of the statement of PW-5 ASI, Kishore Soni. Both the seizure witnesses have not supported the case of the prosecution. The learned Trial Court has also not considered the evidence of PW-3 Anil Kumar in its true perspective but the learned Trial Court has not considered the above said aspects of the matter and has wrongly convicted and sentenced the appellant for the aforesaid offence. Therefore, the appeals deserve to be allowed. Reliance has been placed on the judgments rendered by the Hon’ble Supreme Court in the matters of M. Mammutti vs State of Karnataka, reported in (1979) 4 SCC 723, Umashanker vs State of Chhattisgarh, reported in (2001) 9 SCC 642, Roney Dubey vs State of West Bengal, reported in 2007 SCC Online Cal 549 and in the matter of Sujit Biswas vs State of Assam, reported in (2013) 12 SCC 406, judgment rendered by the High Court of Punjab and Haryana in the matter of Bachan Singh and another vs The State of Punjab, reported in 1981 SCC Online P&H 47 and judgment rendered by the High Court of Bombay in the matter of Karim Abdul Shaikh and another vs The State of Maharash