Indian Kanoon - Search engine for Indian Law

The Appellants were the accused Nos.1, 2, 3, 4, 6 and 10 respectively in Sessions Case No.582 of 2002. By his judgment and order dated 21st February, 2005, the 11th Ad-Hoc Additional Sessions Judge at Sewree, Mumbai, convicted the Appellants for the offences punishable under Sections 489B and 489C of the Indian Penal Code. The learned Judge imposed a sentence of imprisonment for life and a fine of `10,000/- with a default sentence of R.I. for three months with respect to the offence punishable under Section 439B of the IPC and a sentence of R.I. for seven years and fine of `10,000/- with a default sentence of R.I. for three months with respect to the offence punishable under Section 489C of the IPC. The Appellants had been charged also with respect to offences punishable under Sections 489A, 489D and 120B of the IPC, but the learned Judge acquitted them of the charge of the said offences. Being aggrieved by the order of conviction and sentence, as passed by the learned Ad-Hoc Additional Sessions Judge, the Appellants have approached this Court by filing the present Appeals.

5. A number of contentions have been raised by Mr. Ayyaz Khan. He submitted, first and foremost, that the charge against the Appellants, (and even the other accused), was based on the theory of conspiracy. He submitted that the basis of the charge was that the alleged possession of the counterfeit currency notes by the Appellants and other accused persons was pursuant to a conspiracy between all of them. He pointed out that the learned Judge has acquitted all the accused of the charge of conspiracy and has held them individually liable for having committed offences punishable under Sections 489B and 489C of the IPC.

According to Mr. Ayyaz Khan, when the charge was with respect to offences punishable under Sections 489B and 489C of the IPC read with Section 120B of the IPC, it was not permissible to record conviction in respect of the offences punishable under Sections 489B and 489C of the IPC simplicitor. In the facts and circumstances, we are not inclined to give much importance to this aspect. It was clear from the prosecution case itself that the Appellants were also alleged to have possessed counterfeit currency notes and, therefore, they certainly knew what case they were required to meet. The failure to frame charges of offences APEAL/207-296-315/2005 Dixit punishable under Sections 489B and 489C of the IPC simplicitor, has not, in our opinion, prejudiced any of the Appellants and consequently there has been no miscarriage of justice on that ground. Thus, in our opinion, on this ground, the trial cannot be said to be vitiated and certainly the Appellants would not be entitled to be acquitted on this ground.

APEAL/207-296-315/2005 Dixit

27. The ingredients of an offence punishable under Section 489C of the IPC are as follows :-

(i). possession by accused of any forged or counterfeit currency note or bank note;