Decided on May 27,2013

Ranveer Alias Rajesh Respondents


- (1.) Present Government Appeal was preferred on behalf of the State of Uttaranchal against the judgment and order dated 30.04.2004, passed by learned Addl. Sessions Judge / FTC Haridwar, in S.T. No. 28 of 2001, under Sections 489A, 489B and 489C of IPC and Section 39 / 51 of the Wild Life (Protection) Act.
(2.) Learned trial court, vide order dated 30.04.2004, convicted accused-respondent Ranveer alias Rajesh for the offence punishable under Section 489C of IPC and sentenced him from the period 31.08.2000 to 30.04.2004. He was also sentenced to pay a fine of Rs. 2,500/-, in default of payment of which, convict Ranveer alias Rajesh was required to serve out simple imprisonment for three months. No criminal appeal was filed by convict Ranveer alias Rajesh assailing the selfsame judgment and order. Thus, the accused was convicted under Section 489C for a period of three years and eight months alongwith a fine of Rs. 2,500/-.
(3.) Prosecution story, in brief, was that on 31.08.2000, at about 09:10 P.M., Sr. Sub Inspector Yogendra Pal Singh Bhadoria with the constables and other police employees searched the house of accused-respondent Ranveer alias Rajesh. Co-accused Vinay, who was involved in another case was accompanying the police personnel. Co-accused Vinay identified accusedrespondent Ranveer alias Rajesh. A search of his almirah was made. Fake currency notes of the value of Rs. 20,000/- were recovered from the almirah of accused-respondent Ranveer alias Rajesh. The fake currency notes were of the denomination of Rs. 100/- and Rs. 500/-. On interrogation, Ranveer alias Rajesh told that he counterfeited fake currency notes alongwith other accused and supplied the same to the customers. He also offered to recover other fake currency notes from the possession of co-accused Sonu. A recovery memo (Ext. Ka-1) was prepared. Counterfeit currency notes were also recovered from the possession of co-accused Vivek Arora on the pointing of accused-respondent Ranveer alias Rajesh. At present, we are concerned only with the case of Ranveer alias Rajesh, and not others. A case against Ranveer alias Rajesh was registered at police station Ranipur. After completing the investigation, chargesheet was submitted against the accused Ranveer alias Rajesh for the selfsame offence. The charge was framed against accused Ranveer alias Rajesh in respect of offences punishable under Section 389B and 389C of IPC, to which he pleaded not guilty and claimed trial.;

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