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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SRINIVAS
Puli Lakshmana Swamy – Appellant
Versus
State – Respondent
JUDGMENT :
V. SRINIVAS, J.
1. Assailing the common judgment dated 26.09.2011 in Crl.A.Nos.9 and 11 of 2009 on the file of the Court of learned I Additional Sessions Judge, West Godavari at Eluru, confirming the conviction and sentence imposed against the accused Nos.1, 5, 6 and 8 by the judgment dated 18.12.2008 in S.C.Nos.368 of 2007 and 130 of 2008 on the file of the Court of learned Principal Assistant Sessions Judge at Eluru, for the charge under Section 489(C) of INDIAN PENAL CODE (hereinafter referred to as “IPC”), the petitioners/accused Nos.1, 5 and 8 filed the Criminal Revision Case No.2012 of 2011 as well petitioner/accused No.6 filed the Criminal Revision Case No.2014 of 2011 under Section 397 r/w.401 of the CRIMINAL PROCEDURE CODE , 1973 respectively.
2. These revision cases were admitted on 28.09.2011 and the sentence imposed against the petitioners was suspended, vide orders in Crl.R.C.M.P.Nos.3005 and 3008 of 2011, respectively.
3. The shorn of necessary facts are that:
i) On 01.09.2000 at about 07.30 p.m., P.W.1, who is an agricultural coolie presented a fake Rs.100/- currency note in the provisions store of P.W.3 and then P.W.3 questioned P.W.1 about the same. On the sa
The concurrent findings by trial and appellate courts affirm the conviction under counterfeit currency charges, with modifications to sentences based on elapsed time and the health of the accused.
The court held that conviction for possessing counterfeit currency requires clear evidence of conscious possession and intent to use, which was unmet in this case.
An acquittal stands when the prosecution fails to establish guilt beyond reasonable doubt, particularly in cases involving counterfeit currency where witness inconsistencies are apparent.
Possession of counterfeit currency notes, along with intent to traffic, constitutes a violation of IPC Sections 489B and 489C, affirming the necessity of mens rea in such cases.
Possession of counterfeit currency alone does not warrant conviction under IPC Section 489A; trafficking established through possession leads to conviction under Sections 489B and 489C.
Criminal Law – Using as genuine, forged or counterfeit currency notes or bank notes – Appeal against conviction – Testimony of witnesses – Reliability of - Minor contradictions, inconsistencies, embe....
The judgment clarifies that possession of counterfeit currency requires proof of knowledge or intent to use it as genuine for a conviction under IPC Sections 489B and 489C.
The prosecution must prove guilt beyond reasonable doubt; lack of evidence and established contradictions led to the acquittal.
Possession of counterfeit currency established through circumstantial evidence, while ownership of the recovery site remains unproven; conviction upheld with modified sentence considering age and del....
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