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RAMACHANDRA D. HUDDAR
T. N. Kumara S/O Ninganna – Appellant
Versus
State Of Karnataka By Lakshmipuram Police, Represented By State Public Prosecutor – Respondent
JUDGMENT :
RAMACHANDRA D. HUDDAR, J.
The appellant has called in question the judgment of his conviction and order of sentence dated 3rd January 2013 passed by the Prl. District and Sessions Judge, Mysore in SC No.12/2012 finding him guilty of committing the offences under Section 489B and C of Indian Penal Code, 1860 (for short ‘IPC') by preferring this appeal.
2. Parties to this appeal are referred with reference to their rank before the trial Court for the sake of convenience.
The facts leading upto this appeal in brief are as under:
3. Accordingly, at the spot itself the PSI prepared the panchanama as per Ex.P1 and based upon that, by apprehending the accused, seized
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.
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 alone does not warrant conviction under IPC Section 489A; trafficking established through possession leads to conviction under Sections 489B and 489C.
The main legal point established in the judgment is that the failure to reframe the charges and give the appellants an opportunity to respond to the charges of trafficking or transportation of counte....
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....
Mens rea is essential for conviction under IPC Sections 489B and 489C; mere possession of a counterfeit note without intent or knowledge does not constitute an offense.
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 possession of counterfeit currency notes, lack of explanation for such possession, and legal precedents establishing trafficking based on possession were central to the court's decision.
The main legal point established in the judgment is that the possession of counterfeit currency notes and the ownership of the vehicle, along with the evidence of witnesses and statements recorded un....
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