Case Note & Summary
The appellant, Javed Abdul Aziz Shaikh, was convicted by the trial court for offences punishable under Section 489-B read with 120-B and Section 489-C read with 120-B of the Indian Penal Code (IPC). He was sentenced to 10 years rigorous imprisonment (RI) and fine of Rs.2000/- for the first offence, and 7 years RI and fine of Rs.1000/- for the second offence. The case arose from an incident on 28th July 2003, when the appellant attempted to purchase a railway ticket from Dadar station using a counterfeit Rs.500 note. The ticket clerk, PW-1, became suspicious and alerted the police. The appellant was apprehended, and upon search, four more counterfeit Rs.500 notes were recovered from his possession. The appellant was charged and tried. The trial court convicted him. In appeal, the appellant challenged the conviction on the ground that the evidence was insufficient. The High Court examined the evidence, including the testimony of PW-1 and the recovery panchnama. The court found that the prosecution had proved the charges beyond reasonable doubt. The appellant had used a counterfeit note and was in possession of other counterfeit notes. The court upheld the conviction but reduced the sentence to the period already undergone (about 4 years) considering the appellant's young age and that he was a first-time offender. The appeal was partly allowed.
Headnote
A) Criminal Law - Counterfeit Currency - Sections 489-B, 489-C, 120-B Indian Penal Code, 1860 - Conviction for using and possessing counterfeit currency notes as part of a conspiracy - The appellant was convicted for using a counterfeit Rs.500 note to purchase a railway ticket and for possessing other counterfeit notes. The court upheld the conviction, finding that the prosecution had proved the charges beyond reasonable doubt through the testimony of the ticket clerk and the recovery of counterfeit notes from the appellant. The court, however, reduced the sentence to the period already undergone (about 4 years) considering the appellant's young age and the fact that he was a first-time offender. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Sections 489-B and 489-C read with 120-B of the IPC is sustainable on the basis of the evidence on record.
Final Decision
The appeal is partly allowed. The conviction is upheld, but the sentence is reduced to the period already undergone (about 4 years). The appellant is to be released forthwith unless required in any other case.
Law Points
- Section 489-B IPC
- Section 489-C IPC
- Section 120-B IPC
- Counterfeit currency
- Conspiracy
- Possession
- Use
- Sentence reduction
