- (1.) Vide this appeal, the appellant has challenged the impugned order dated 17.02.2011, whereby the appellant was held guilty under Section 489-B and 489-C of the Indian Penal Code, 1860 (hereinafter referred to as IPC), and vide order dated 21.02.2011 the appellant was sentenced to undergo Rigorous Imprisonment for 03 years u/s 489-B IPC in addition to payment of '5,000/-. Further he was sentenced to RI for 03 years under Section 489C IPC and a fine of '5000/-.
(2.) Briefly, the case of the prosecution is that on 06.04.2005 at about 02:30 PM, a secret information was received that one person, namely, T.P.Singh along with his two-three associates is selling fake currency notes and that he would come to Railway Station, Pahar Ganj. On the same day at about 04:00 PM, where he would deal with one person, namely, Mishra. ASI Gyanender Singh disclosed the secret information with the senior officers and at about 03:30 PM, ASI Gayanender along with Ct.Sunil, Ct. Sanjay, Ct. Arun Kumar, Ct. Krishan and Ct. Bhim reached New Delhi Railway Station in two private cars. They reached near the entry gate of the Railway Station, New Delhi and requested the public persons to join the proceedings, to which they refused.
(3.) A raiding party was constituted and Ct. Sanjay was deputed as decoy customer. After taking his personal search two currency notes in the denomination of '500/- each bearing Nos.IBS613919 and 8DL63396 were handed over to him and he was directed to represent himself as one Mishra and deal with the accused. Ct. Sunil was deputed as shadow witness.;