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ANANYA BANDYOPADHYAY
Imam Hossain @ Emam Hossain – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Ananya Bandyopadhyay, J.—This appeal is preferred against judgment of conviction dated 21.12.2013 and order of sentenced dated 23.12.2013 passed by Learned Additional Sessions Judge, 2nd Court, Malda in Sessions Case No.111/2013, corresponding to Sessions Trial No.16/2013 in G.R. Case No.5330/2012, arising out of Baishnabnagar P.S. Case No.307/2012 dated 11.12.2012, thereby convicting the appellant for commission of offence under Section 489C of the Indian Penal Code, 1860 and thereby sentencing the appellant to suffer rigorous imprisonment for 4 years and a fine of Rs.30,000/- in default to suffer rigorous imprisonment for a further period of 1 year for commission of offence under Section 489(C) of the Indian Penal Code.
2. The prosecution case precisely stated that complainant P.S.I. Bitul Paul attached to the Baishnabnagar P.S. arrested the appellant with two bundles of 200 pieces of Indian Fake Currency Notes of denomination of Rs.1000/- each along with one white colour poly carry bag and one red colour ZEN Mobile Phone fitted with Vodafone Sim Card being no.9734827499 with battery in running condition, one Voter Identity Card in the name of Imam Hossain, son of Majibu
Seizure offake Currency Notes – Mere possession of fake Currency Notes in absence of plausible reason to execute mal-intention with a guilty motive cannot be accepted.
The prosecution had proved beyond reasonable doubt that the appellant was in possession of low quality counterfeit notes and that he had tried to use one of such low quality counterfeit notes to purc....
The prosecution must examine all material witnesses to ensure a fair trial, and mere possession of counterfeit currency does not suffice for conviction without proof of intent to use it as genuine.
unless the evidence adduced in the case is consistent only with the hypothesis of the guilt of the accused and is inconsistent with that of his innocence, the court should refrain from recording a fi....
The main legal point established in the judgment is the inadmissibility of confessions made to police officers, the importance of independent witnesses, and the requirement of proving mens rea in cha....
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 court ruled that possession of counterfeit currency notes does not alone establish guilt; intention to use them as genuine must be proven alongside accountability for their possession.
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....
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