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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G.BASAVARAJA
Salam S/o Late Mehaboob Sabi – Appellant
Versus
State by Sidlaghatta Town Police – Respondent
| Table of Content |
|---|
| 1. details of the conviction and appeal process. (Para 1 , 3 , 4 , 5 , 6) |
| 2. arguments regarding evidence contradictions. (Para 7 , 8) |
| 3. court's evaluation of evidence and points of law. (Para 9 , 10 , 11 , 12) |
| 4. final judgment and modified sentencing. (Para 13) |
JUDGMENT :
G. BASAVARAJA, J.
1. The appellant has preferred this appeal against the Judgment of conviction and order of sentence dated 20.08.2014 passed in S.C.No.120/2012 by the Adhoc District and Sessions Judge, FTC-II, Chintamani (for short trial 'Court').
2. Parties are referred to the same rank what they had before the trial Court.
3. The brief facts leading to this appeal are that the Superintendent of Police, CA Squad, CID has submitted the charge sheet against the accused for the offence under Sections 489(B) and 489(C) of Indian Penal Code (for short 'IPC'). It is alleged by the prosecution that on 31.05.2011 at about 03.00 p.m. when the Circle Inspector of Police went to check the vehicles along with the staff near the bypass road, leading to Sidlaghatta town on Chintamani-Chikkaballapura road, near Sidlaghatta the accused, after seeing them, tried to run away. The Police Inspector suspecting the accused
Conviction for possessing counterfeit currency under IPC Section 489(C) upheld, but sentence modified due to consideration of prior custody and family circumstances.
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....
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.
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 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.
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....
Possession of forged or counterfeit currency-notes or bank-notes - Conviction modified - Prosecution prove charges under S. 489C of IPC. As far as charges of S. 489B of IPC prosecution could neither ....
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....
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