Indrajit Chatterjee, J. - (1.) THIS court is hearing this appeal as against the judgment and order of conviction dated 30 -06 -2014 passed by the then learned Additional Sessions Judge, Fast Track Court No. II at Bangaon, District -North 24 -Parganas in Sessions Trial No. 04(6) 2009 arising out of Sessions Case No. 08(11) 2008 wherein the appellant was found guilty in respect of the charge punishable under Sections 489C of the Indian Penal Code and was convicted and sentenced to suffer simple imprisonment for four years to pay fine of Rs. 1000/ - i.d., to suffer simple imprisonment for one month. That Sessions Trial arose out of Bagda P.S. Case No. 246 of 2006 under Sections 489A, 489B and 489C of the Indian Penal Code. The accused was however acquitted in respect of the charge punishable under Sections 489A, 489B of the Indian Penal Code.
(2.) THE case as unfold at the time of trial can be stated in brief thus: - That on 18 -11 -2006 at about 16 -00 hours, BSF personnel were on border patrol duty and at that time, the BSF constable No. 94009563 Sheik Babavali and another constable No. 94003318 Lohora Oraon of Chowhatia border outpost No. 56/3 -S were on routine patrol duty. They found a farmer with 66 numbers of Rs. 100/ - denominations. The said miscreants tried to flee away by pushing the constable but he could be apprehended and arrested. Thereafter, the BSF personnel took the victim to the nearest BSF camp and the BSF men seized the said currency notes as per seizure list prepared through superior their Mr. K.K. Singh who also lodged the FIR with the Bagda Police Station, District - North 24 -Parganas (Ext. 3). On receipt of the said FIR Bagda P.S. Case No. 246 dated 19 -11 -2005 was started under Sections 489A, 489B and 489C of the Indian Penal Code. The investigation was taken up by one S.I. Rabindra Nath De (not examined). The case ended in charge sheet. The case was committed to the court of sessions and the aforesaid Sessions Case was registered and the case was transferred to the trial court and S.T. No. 04(6) 2009 was registered. Charge was framed against the accused for the offences punishable under Sections 489A, 489B and 489C of the Indian Penal Code to which the accused pleaded not guilty and claimed to be tried. Before the learned trial court on behalf of the prosecution as many as five witnesses were examined. P.W. 1, P.W. 2 and P.W. 4 are all BSF men whereas P.W. 3 and P.W. 5 are two independent witnesses.
(3.) IT may be noted that the seized notes were forwarded to the expert and the expert reported that all the notes were fake Indian Currency Notes (hereinafter called as FICNs).;