Conviction upheld but sentence was modified by the Apex Court
Considering the facts and the sentence the appellant-a vegetable vendor had already undergone (451 days) the Apex Court modified the sentence to the period already undergone.
Present matter relates to a vegetable vendor in who was found┬аin pursuant of secret information during seizure in possession of 48 Counterfeit Notes of Rs. 10/-. Penalty for possession of counterfeit notes is provided u/s 489 C IPC and the relevant section provides 7 years rigorous imprisonment. The appellant was convicted by the Trial Court, on appeal the sentence was reduced to 5 years of rigorous imprisonment. Aggrieved by the Order of the High Court, the appellant - Palanisamy filed Criminal Appeal before the Apex Court.
Palanisamy v. The State Respected by Inspector of Police
Crl. Appeal No.1124/2024 Before Supreme Court of India Crl. Appeal was allowed by HonтАЩble Mr. Justice MM Sundresh J & HonтАЩble Mr. Justice J B Pardiwala J
There are three accused in the matter however, appeal was preferred only by one accused Palanisamy. Out of three accused persons, two accused have been charged under Section 489C of the Indian Penal Code & the third one was absconding.
Penalty for section 489C
The appellant has to undergo rigorous imprisonment of seven years for the offence under Section 489C IPC and rigorous imprisonment of six months for the offence under Section 120B IPC along with fine.
Appeal before the High Court
Against the conviction the appellant has preferred appeal before the High Court and the High Court modified the sentence to five years of imprisonment as against seven years for offence punishable under Section 489C IPC while acquitting the appellant for the offence under Section 489B IPC
Submission of the AppellantтАЩs Counsel
1.┬а┬а┬а┬аThe appellant has suffered incarceration of about 451 days. 2.┬а┬а┬а┬аHe is an illiterate person, making his livelihood as a vegetable vendor. 3.┬а┬а┬а┬аThere is no previous conviction rendered against him and no case is pending. 4.┬а┬а┬а┬аThus, taking note of the aforesaid facts the sentence imposed may be reduced.
Observation of the Supreme Court
1.┬а┬а┬а┬аWe find force in the submission made by learned counsel for the appellant. 2.┬а┬а┬а┬аThe sentence undergone by the appellant is not in dispute. 3.┬а┬а┬а┬аThe charge against him is only under Section 489C of the IPC. 4.┬а┬а┬а┬аAppellant was found to be in possession of 43 counterfeit notes of denomination of Rs.10. He is a vegetable vendor. 5.┬а┬а┬а┬аWe are inclined to modify the sentence to the one already undergone while retaining the conviction.
Decision of the Apex Court
The appeal is allowed in part by modifying the sentence of 5 years imposed by the High Court to that of the period already undergone. The appellant shall be released forthwith, if not required in any other case.
Seema Bhatnagar
