JOYMALYA BAGCHI, J. - (1.) With the consent of the parties, the appeal is heard without preparation of paper books.
(2.) The appeal is directed against a judgment and order of conviction and sentence dated 29th June, 2016 passed by the learned Additional District and Sessions Judge, 4th Court, Malda in Sessions Trial No.54(5)/15 corresponding to Sessions Case No.219/2015 convicting the appellant for commission of offence punishable under Section 489C of the Indian Penal Code and directing him to suffer rigorous imprisonment for seven years as also to pay a fine of Rs.5,000/-, in default to suffer further rigorous imprisonment for six months.
(3.) The prosecution case, as alleged, against the appellant is to the effect that on 30.12.2014 around 8.05 hrs. the complainant S.I. Tapas Rajak (PW 1) received a source information from reliable source that a deal of FICN would take place at Pripara more; he informed the matter to IC, Kaliachak, who directed him to work out on the source information; complainant diarized the information vide GD No.724 dated 30.12.2014. Thereafter, he along with police personnel namely constable Ganesh Ghosh (PW 5) and Asit Dutta (PW 3) went to Pripara for working out such information. He also took two disinterested witnesses for such purpose. After reaching at the spot at around 8.45 hrs., P.W.1 contacted the source who identified the suspect and upon search hundred pieces of counterfeit notes of denomination Rs.1000/- each were recovered from the possession of the suspect who disclosed his identity as the appellant. PW 1, thereafter, prepared the seizure list of seized counterfeit notes and labeled them in presence of the independent witnesses and the appellant. Upon return to the police station, he lodged written complaint resulting in Kaliachak PS Case No.884/2014 under Section 489B/489C of the Indian Penal Code. Charge sheet was filed in conclusion of investigation and charge was framed under the aforesaid provisions by the trial Court. The appellant pleaded not guilty and claimed to be tried. Prosecution examined as many as eight witnesses and exhibited a number of documents. The defense of the appellant was one of innocence and false implication. In conclusion of trial, the trial Court by judgment and order 29.06.2016 while acquitting the appellant of the charge punishable under Section 489B of the Indian Penal Code convicted and sentenced the appellant, as aforesaid.;