- (1.) Since both the appeals arise out of the same judgment, dated 30.09.2003, passed by the Special Judge (Counterfeit Currency Cases), Jaipur City, Jaipur, they are being decided by this common judgment.
(2.) The learned Judge has convicted the appellants, Anil Kumar and Kapil Madan for offences under Sections 489B read with Section 120B and 489C IPC. For offence under Section 489B read with Section 120B IPC, he has sentenced them to ten years of rigorous imprisonment, and has imposed a fine of Rs.5,000/-, and in default thereof to further undergo three months of rigorous imprisonment. For offence under Section 489C IPC, he has sentenced them to two years of rigorous imprisonment and had imposed a fine of Rs.3,500/-, and in default thereof to further undergo for one month of rigorous imprisonment. The learned Judge has acquitted the co-accused, Jai Gopal for offence under Section 489B read with Section 120B IPC. Although, he has convicted him for offence under Section 489C read with Section 120B IPC, but he has sentenced him as undergone, since the co-accused, Jai Gopal, has already served two years and three months as an under-trial. However, he has imposed a fine of Rs.3,500/-, and in default thereof to further undergo a sentence of one month of rigorous imprisonment.
(3.) In short, the story of the prosecution is that on 12.05.2001, the police had received a secret information that two persons were carrying fake currency notes and they were travelling in a car bearing registration No.DLC-4363. The car was travelling from Chitroli to Jaipur. Upon this information, the police decided to intercept the alleged car. After a chase, the car was intercepted and two persons namely, accused-appellant Kapil and co-accused, Jai Gopal, were found in the car. From their possession a total of Rs.9,800/- in fake currency were discovered. Subsequently, they were arrested and the investigation began. During the course of investigation, the accused-appellant Kapil informed the police that the fake currency note were given to him by accused-appellant Anil Kumar. Consequently, he was also arrested. During further course of investigation, Anil Kumar revealed that an amount of Rs.1,49,000/- was stashed away by him. Upon this information, under Section 27 of the Evidence Act, the said amount was discovered from the possession of Anil Kumar. After a thorough investigation, the charge-sheet was submitted. The learned trial court framed charges for offences under Sections 489B read with Section 120B and 489C read with Section 120B IPC. In order to prove its case, the prosecution examined twenty-two witnesses and submitted number of documents. The defence neither examined any witness, nor submitted any documents in its favour. After going through the oral and documentary evidence, vide order dated 30.09.2003, the appellants were convicted and sentenced as mentioned above. Hence, these appeals before this Court.;