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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUBHENDU SAMANTA
Kamisetty Venkata Satyanarayana, S/O Bhaskara Rao – Appellant
Versus
State Of Ap, Rep. By Its Public Prosecutor, High Court Of A.P. – Respondent
ORDER :
Subhendu Samanta, J.
The instant criminal revision case was preferred against the order of conviction and sentence passed by the learned trial Court confirmed by the learned appellate Court against the present petitioner whereby the petitioner/A1 and A2 found guilty for the offence punishable under Section 489 (c) IPC and imposed rigorous imprisonment for three years each and to pay fine of Rs.10,000/-, in default, simple imprisonment for three months.
2. Learned counsel for the petitioner submits that the order of conviction and sentence imposed by the learned trial Court is baseless and illegal. The ingredients for the offence punishable under Section 489 (c) IPC has not been properly made out by the prosecution for which the order of conviction and sentence is perverse. He further submits that no independent witness has proved the prosecution case regarding recovery of counterfeit currency notes from the possession of the petitioner. He further submits that the learned trial Court as well as the learned appellate Court has not properly dealt with the issue thereby the order of conviction is liable to be set aside.
3. Learned Assistant Public Prosecutor submits that the l
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.
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.
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....
Conviction for possessing counterfeit currency under IPC Section 489(C) upheld, but sentence modified due to consideration of prior custody and family circumstances.
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.
The central legal point established in the judgment is the requirement to prove mens rea and the possession and use of counterfeit notes beyond reasonable doubt in cases involving offences under Sect....
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....
The central legal point established in the judgment is the requirement for the prosecution to prove the seized articles were fake currency notes, and the impact of non-production of a forensic report....
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.
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