CR.A/1426/2005 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 1426 of 2005 With CRIMINAL APPEAL No. 1445 of 2005 For Approval and Signature: HONOURABLE MR.JUSTICE MD SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SURESHBHAI RATILAL - Appellant(s) Versus STATE OF GUJARAT & 1 - Opponent(s) ========================================================= Appearance : MS SADHANA SAGAR for Appellants : 1 - 2. Mr.K.P.Raval, APP for the respondent. ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 07/08/2008 ORAL JUDGMENT 1. Both these appeals arise out of the judgment and order conviction and sentence dated 8-6-2005 rendered by the learned Presiding Officer, Fast Track Court CR.A/1426/2005 2/6 JUDGMENT no.10, Surat, whereby each of the appellants- original accused nos.1,2,4 and 5 were sentenced to suffer R.I.for seven years and fine of Rs.5,000/-, in default, R.I. for three months in each of the offence punishable under Sections 489(B) and 489(C)read with Section 34 of the Indian Penal Code. Similarly, the appellants-original accused no.3 was sentenced to suffer R.I. For five years and fine of Rs.5000/-, in default R.I for 3 months in each of the offence punishable under Sections 489(B) and 489(C) read with Section 34 of the Indian Penal Code while the appellants-original accused nos.6 and 7 were acquitted.Both the sentences were ordered to run concurrently. 1.1 In Criminal Appeal no.1426/2005, the appellants- original accused nos.1 and 2 challenge their conviction and sentence while in Criminal Appeal no.1445/2005, the appellants-original accused nos.4 and 5 challenge their conviction and sentence. 2. Brief facts of the prosecution case as emerging from the record of the trial Court are as under: 2.1 On 16-2-2004 a First Information Report was lodged by the Police Inspector Shri K.K.Patel against the present appellants and other accused persons with the D.C.B. Police Station which was registered as CR no.I-13 of 2004 for the offences punishable under Sections 489(A),(B) and (C )read with Section 34 of the Indian Penal Code. It is alleged therein that the present appellants and other accused persons in collusion with each other were printing fake currency notes by using computer and scanner and circulating CR.A/1426/2005 3/6 JUDGMENT these currency notes which were in the denomination of Rs.1000/-, Rs.500/-, Rs.100/- and Rs.50/- in the market. In this manner, the all the appellants- accused were causing national loss to the exchequer. In pursuance of the said complaint, the vehicles of these appellants came to be intercepted at Rajkot and fake currency notes in the aforesaid denominations amounting Rs.7,50,000/-were seized in presence of Panchas and necessary formalities were carried out. On completion of the investigation charge-sheet was submitted on 12-5-2004. All the appellants-original accused were arrested and taken into judicial custody. The case was committed to the Sessions Court, Surat and was numbered as Sessions Case no.61 of 2004. The learned Presiding Officer, Fast Track Court no.10, Surat, framed charge against the appellants-original accused which was read over and explained to the appellants-original accused. The appellants-original accused pleaded not guilty to the charge and claimed to be tried. 3. To prove its case against the appellants- original accused the prosecution has examined 17 witnesses and also produced documentary evidence. After recording the evidence of prosecution witnesses was over, the further statement of the appellants- accused under Section 313 of the Criminal Procedure Code came to be recorded in which the defence of the accused was of total denial and that they were falsely implicated in the case. 4. On appreciation, evaluation, analysis and scrutiny of the evidence adduced by the prosecution CR.A/1426/2005 4/6 JUDGMENT both oral as well as documentary, the learned Presiding Officer, Fast Track Court no.10, Surat,passed the judgment and order of conviction and sentence as stated in para-1 of the judgment. Hence, the present appeal. 5. Mention requires to be made here that the learned Counsel for the present appellants-original accused had confined her arguments only on the point of reduction in the sentence. 6. Learned Counsel Ms. Sadhana Sagar for the present appellants-original accused submitted that the learned trial Judge has erred in awarding sentence in asmuch as though the learned trial Judge arrived at a specific finding that the all the appellants-original accused nos1,2, 3,4, and 5 played vital and similar role, the sentence awarded to the appellant-original accused no.3 is lesser than that awarded to the present appellants-original accused nos.1,2,4 and 5. According to the learned Counsel all the appellants-original accused nos.1,2,3, 4 and 5 were also convicted for the offence under Sections 489(B) and 489(C) read with Section 34, and therefore, a different yardstick cannot be applied while awarding the sentence to any of them. She further submitted that in the interest of justice, the present appellants be also treated at par with the appellant-original accused no.3 and be awarded a similar sentence. 7. Learned A.P.P. Mr. Raval, however, contended that taking into consideration the offence committed by each of the appellant-accused, the Court may award CR.A/1426/2005 5/6 JUDGMENT appropriate sentence. 8. This Court has gone through the entire record of the case including the judgment and order of conviction and sentence passed by the learned Presiding Officer, Fast Track Court no.10, Surat, dated 8-8-2005. I am in complete agreement with the reasonings adopted and the conclusions arrived at by the learned trial Judge in the impugned judgment so far as the conviction of the present appellants is concerned, however, the sentence part requires modification. The learned Judge in para 60 of the judgment held that the appellants-original accused nos.1,2,3,4 and 5 have played vital role in furtherance of a common object of printing and circulating fake currency notes, and thereby committed the offences punishable under Sections 489(B) and 489(C) read with Section 34 of the Indian Penal Code, and therefore held them guilty for these offences. Considering the fact that the learned trial Judge has arrived at a specific finding that all these accused have played similar role and committed the same offence, I am of the considered opinion that both these appeals deserve to be partly allowed by modifying the sentence only so as to meet the ends of justice. 9. In the result, both these appeals succeed in part and accordingly, they are partly allowed qua the sentence only. The judgment and order of conviction dated 15-7-2005 rendered in Sessions Case no.61 of 2004 by the learned Presiding Officer, Fast Track Court no.10,Surat in Sessions Case no.61 of 2004 CR.A/1426/2005 6/6 JUDGMENT against the appellants-original accused nos.1,2, 4 and 5 convicting them for the offence under Sections 489(B) and 489(C) read with Section 34 of the Indian Penal Code is hereby confirmed and maintained. So far as the sentence is concerned, the appellant-original accused nos.1,2,4 and 5, each of them, are sentenced to suffer R.I for five years and fine of Rs.5000/-, in default, further R.I. for 3 months for each of the offence under Sections 489(B) and 489(C) read with Section 34 of the Indian Penal Code. Both these appeals are accordingly partly allowed as indicated hereinabove. (M.D.Shah,J.) lee.