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2004 Supreme(SC) 1693
SUPREME COURT OF INDIA
M.M. PUNCHHI, K.T. THOMAS, JJ.
Uma Shankar Singh - Appellants
Versus
State of Jharkhand - Respondent
Civil Appeal No.857 of 2004
Decided on : 09-08-2004
The main legal point established in this judgment is that the recovery of articles used for making currency notes and the recovery of counterfeit currency notes can be used as evidence to convict a person under Section 489A Indian Penal Code.
Headnote:
Section 489A Indian Penal Code - The appellant was convicted and sentenced under this section for the offence of counterfeiting currency notes. The court considered the evidence of recovery of articles used for making currency notes and the recovery of counterfeit currency notes. The court also took into account the appellant's previous sentence and decided to alter the sentence to imprisonment for ten years.
Fact of the Case:
The appellant was convicted for the offence punishable under Section 489A Indian Penal Code and other allied offences. The appellant argued that the printing machine allegedly used for making fake currency notes recovered from him was not truly a machine but only a few wooden plates. The State argued that there was recovery of articles used for making currency notes and several counterfeit currency notes were also recovered from the appellant. The appellant has already undergone sentence for seven years. The court confirmed the conviction and sentence under Section 489A Indian Penal Code but altered the sentence of rigorous imprisonment for life to imprisonment for ten years. Conviction and sentence on other counts were confirmed.
Finding of the Court:
The court analyzed the arguments of the appellant and the State. It considered the evidence of recovery of articles used for making currency notes and the recovery of counterfeit currency notes. The court also took into account the fact that the appellant had already served a sentence of seven years. Based on these considerations, the court confirmed the conviction and sentence under Section 489A Indian Penal Code but altered the sentence to imprisonment for ten years.
Ratio Decidendi: The court found that the appellant was guilty of the offence under Section 489A Indian Penal Code based on the recovery of articles used for making currency notes and the recovery of counterfeit currency notes. The court also considered the appellant's previous sentence and decided to alter the sentence to imprisonment for ten years.
Result: The court confirmed the conviction and sentence under Section 489A Indian Penal Code but altered the sentence of rigorous imprisonment for life to imprisonment for a period of ten years. Conviction and sentence on other counts were confirmed.
ORDER :
M.M. Punchhi, J.
Heard learned counsel for the parties.
2. Leave granted.
3. The appellant was convicted for the offence punishable under Section 489A Indian Penal Code and other allied offences. Under Section 489A Indian Penal Code he has been sentenced to undergo rigorous imprisonment for life.
4. The counsel for the appellant seriously urged before us that the printing machine allegedly used for making fake currency notes recovered from the appellant was not truly a machine but only a few wooden plates.
5. Learned counsel for the State submits that there was recovery of articles used by the accused person for making currency notes and apart from this several counterfeit currency notes were also recovered from the accused.
6. The appellant has already undergone sentence for a period of seven years. We confirm the conviction and sentence of the accused under Section 489A Indian Penal Code but alter the sentence of rigorous imprisonment for life to imprisonment for a period of ten years. Conviction and sentence on other counts are confirmed.
7. With the above observations, the appeal is disposed of.
