IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL APPEAL NO. 241 of 2008

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA

and

HONOURABLE MR.JUSTICE D. M. VYAS

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Approved for Reporting Yes No

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STATE OF GUJARAT

Versus

KALUPARI BHANUPARI GOSWAMI & ORS.

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Appearance:

PRANAV DHAGAT, ADDL. PUBLIC PROSECUTOR for the Appellant(s)

No. 1

MR BHAVIN S RAIYANI(3855) for the Opponent(s)/Respondent(s) No.

9

MR EKANT G AHUJA(5323) for the Opponent(s)/Respondent(s) No. 4

MR MAULIK N SHAH(5280) for the Opponent(s)/Respondent(s) No. 7,8

MS SHUBHA B TRIPATHI(5597) for the Opponent(s)/Respondent(s)

No. 1

RULE NOT RECD BACK for the Opponent(s)/Respondent(s) No.

10,11,12,2,3,5,6

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CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA

and

HONOURABLE MR.JUSTICE D. M. VYAS

Date : 25/11/2025

ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE D. M. VYAS)

1. This acquittal Appeal is preferred by the State of

Gujarat under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (Cr.P.C. in short) against the judgment and order dated 23.03.2007 passed by the Court of learned 2nd Fast Track Judge, Junagadh in Sessions Case no. 99 of 2005, wherein, the respondents-original accused came to be tried for offence punishable under Sections 489(A)(B)(C) read with 120(B) of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”). At the end of the trial, the Trial Court acquitted the respondents from all the charges.

2. Briefly stated, it is the case of the prosecution as under:

2.1 That, The complainant received a secret information that Kalupari Bhanupari Bavaji of Dhari, along with accomplices, was circulating fake currency in villages of Visavadar Taluka. The information was verified through R.R. Cell, Junagadh and Bantava Police Station. It was further learned that the accused would be transporting the fake notes in an Ambassador car (Registration No. GJ-14-8094) coming from Motimonpali village. A preliminary panchnama was prepared between 10:45–11:00 a.m. in presence of the panch witnesses. Thereafter, the complainant, accompanied by police personnel from Bantava Police Station and R.R. Cell, proceeded to Khokhar Dungar near Harinagar. At the location, they intercepted the identified car arriving from Visavadar. Four persons were found inside:

1. Rashesh Mohan Koli

2. Kalupari Bhanupari Goswami 3. Sidik @ Sajid Jumabhai Bloch

4. Nagmahammad Alimahammad Bloch Upon search, 70 counterfeit ₹500 notes, country-made revolver worth ₹1 lakh, and 12 cartridges were recovered from Kalupari Bhanupari. Further, it was alleged that the accused persons hatched criminal conspiracies and committed alleged offences.

2.2 After registration of the FIR for the aforesaid offence against the accused, the investigation officer had carried out necessary investigation and recorded the statements of witnesses and the panchnama was prepared in the presence of independent panch witnesses, collected the documentary evidences, obtained the analysis report from forensic science officials, arrested the accused involved in the alleged conspiracy. During the course of investigation, as sufficient material was found against the accused, charge-sheet was filed against the respondents- accused before the concerned Magistrate Court. However, as the case being exclusively sessions triable, the same was committed before the Sessions Court as per Section 209 of the Code of Criminal Procedure, 1973.

3. In the Trial Court, the charges punishable under Sections 489(A)(B)(C) read with Section 120(b) of IPC were framed against the respondents/accused. They denied the charges and claimed to be tried.

4. In the course of the trial, The prosecution examined 30 witnesses and got marked 60 documentary evidences to prove the charge against the accused.

5. After completion of the prosecution evidences, further sta