Joymalya Bagchi, J. - (1.) All the appeal are directed against the judgment and order dated 29.11.2013 and 30.11.2013 passed by the learned Additional District and Sessions Judge, Bench-II, City Sessions Court, Bichar Bhawan, Calcutta in Sessions Trial No. 1(9) of 2012 arising out of Sessions Case No. 99 of 2009 convicting the appellants for commission of offence punishable under Section 489B/489C/120B of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000/-, in default, to suffer further rigorous imprisonment for one year more. Both the sentences run concurrently.
(2.) The prosecution case as alleged against the appellant is to the effect that Sunil Debnath, P.W.2, the then Sub-Inspector of police, Special Task Force, Calcutta received an information on 07.05.2009 that 3/4 persons would be coming to Hedua Park area under Burtala P.S. for dealing in fake Indian currency notes. Upon receipt of the said information, P.W.2 along with members of the Special Task Force proceeded to the said place and kept watch on the different shops in the said area. Around 4.30 P.M., they heard a hue and cry from a mobile shop named and style 'Fasto Communication' at 45/1A, Beadon Street, Calcutta. Upon entering the shop they found a hot altercation was going on between the shop owner and the appellants over the issue of tendering fake Indian currency notes. Upon asking the shop owner they were informed that the appellants had come to purchase mobile phones and had tendered fake currency notes one after another. As the shop owner refused to accept such fake currency notes there was an altercation. Under such circumstances, P.W.2 and his team members apprehended the appellants who disclosed their identities as Mahibur Rahaman and Tafazul Hossain @ Bidyut both of Kaliachak, Malda, Ajit Sarkar of Pairadanga, Ranaghat, Nadia and Ram Dhiraj Rai of Gaziabad, U.P. The appellants were searched and a large number of fake Indian currency notes valued at Rs.60,000/- in all were seized from the possession of the appellants along with identity card, money bag and their personal belongings. The seized notes were packed and sealed in separate packets and labeled. Signatures of the witnesses and the appellants were obtained on the seized articles at that spot. Appellants were arrested and taken to Burtola P.S with two seized currency notes. On the written complainant of P.W.2. instant case was registered. The seized notes were sent for examination by an expert who opined that the said notes were fake. In conclusion of investigation, charge sheet was filed against the appellant under Sections 489B/489C/120B of the Indian Penal Code. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the learned Additional District and Sessions Judge, Bench-II, City Sessions Court, Bichar Bhawan, Calcutta for trial and disposal. Charges were framed against the appellant under the aforesaid sections. The appellant pleaded not guilty and claimed to be tried.
(3.) It was the specific plea of Mahibur Rahaman and Tafazul Hossain @ Bidyut that they were illegally arrested from the tenanted premises of one Ranjan Poddar at Malda and thereafter falsely implicated in the instant case.;