IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 CRL.A.No. 1104 of 2003() ------------------------ SC.136/1994 of ASSISTANT SESSIONS COURT, TIRUR .................... APPELLANT/COMPLAINANT: --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR RESPONDENT/ACCUSED: ------------------------------- P.K.YOUSAF, S/O.KUNHIMON, PALLITHANAKATH VEEDU, PALAYAM, PALAKKAD DIST. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER,J ========================= Crl.Appeal.No.1104 of 2003 ========================== Dated this the 8th day of April, 2008 JUDGMENT This appeal which is at the instance of the State is directed against the judgment in S.C.136/1994 on the file of the Assistant Sessions Court, Tirur. 2. By the impugned judgment the trial court found the respondent/accused No.1 guilty under section 489 C of the Indian Penal Code and he was accordingly convicted and sentenced to undergo rigorous imprisonment for 18 months. But the trial court acquitted him of the offence punishable under Section 489 B IPC. 3. It is contended by the appellant that the court below was not justified in awarding a flea bite sentence to the accused under Section 489 C IPC. His acquittal under Section 489 B IPC is also challenged. The prosecution case was that the respondent/accused No.1 along with two others were found dealing with counterfeit currency notes of 10 rupee denomination. The respondent had allegedly given two counterfeit 10 rupee notes at Blue Star Hotel, Chamravattom, Crl.A.No.1104/2003 2 after taking food. 62 counterfeited currency notes were allegedly recovered from the accused. I have been taken through the evidence adduced by the prosecution. The learned Assistant Sessions Judge had elaborately evaluated the prosecution evidence. Having carefully perused the judgment and other relevant materials, I do not find any reason to interfere with the order of acquittal passed by the court below under Section 489 B IPC. Similarly the sentence imposed on the accused under Section 489 C IPC was eminently justified, particularly since the learned Assistant Sessions Judge had noticed that there was nothing to indicate that the accused was part of a big racket. The prosecution case was that the accused had given two 10 rupee notes at the Hotel after taking food. The trial court had considered all the relevant aspects of the case meticulously. In my view, no interference is warranted either with the order of acquittal under Section 489 B or in the matter of adequacy of sentence under Section 489 C IPC. Therefore, the appeal fails and accordingly it is dismissed. A.K.BASHEER,JUDGE dvs