- (1.) Both the appeals arise out of the same judgment and order dated 10.02.2014 passed in Sessions Trial No. 16 of 2013 [State Vs. Ashfaque and another], they have been heard together and are disposed of by a common order.
(2.) In the aforesaid appeals the appellants Ashfaque and Jaikam have been convicted and sentenced as under: U/s 489-B IPC : Life Imprisonment with fine of Rs.25,000/- each : In default of payment of fine two years RI. U/s 489-C IPC : Five years RI with fine of Rs.7,000/- each : In default of payment of fine six months' RI.
(3.) In the present case facts of the prosecution case may be summarized as under: That on 26.09.2012 at 8.25 PM at GRP Faizabad on the basis of recovery memo, chick FIR was scribed, case crime no. 63 of 2012, under Sections 489-B & 489-C IPC was registered and requisite entry was made in the report of the general diary. According to the recovery memo, SI Brijesh Kumar Singh, the then Station Officer, was on patrol duty at Railway Station, Faizabad along with a police party to prevent the commission of any crime, make search for criminals and unwanted elements and objectional articles. Thus received the information from the informer that two persons carrying counterfeit currency notes had come to the station and they were trying to pass off the counterfeit currency notes. When the police party lead by him reached near second class waiting room, in the passenger hall near ticket booking window, they saw two persons sitting on a cement slab and on the pointing out of the informer when those persons were spoken to, they ran towards west side, at about 5.05 PM they were arrested and disclosed their names as Ashfaque and Jaikam. Both resident of District Bharatpur (Rajsthan). They confessed that they had counterfeit currency notes which they were bringing from Farrkka (West Bengal) to Gurgaon (Haryana) by Farrakka Express. When they came to know that ahead checking was made, they deboarded there and were trying to pass off fake currency notes. When asked, no passenger consented to be a witness, they with due formality searched the accused persons, during search they recovered seven bundles of fake currency notes amounting to Rs.3,50,000/- wrapped in a cloth sheet from a plastic bag held by Ashfaque. Thereafter details of those notes were noted down. From the search of co-accused Jaikam from his right hand one cloth bag was taken and searched and from there fake currency notes of Rs.3,00,000/- were found wrapped in a Lungi. Details of these notes were also noted down. Recovery memo was prepared. Arrested persons along with seized property were deposited in the police station and the said case crime number was registered.;