CHAKRADHARI SHARAN SINGH, KHATIM REZA
Jitendra Singh – Appellant
Versus
State of Bihar – Respondent
CHAKRADHARI SHARAN SINGH, J.:–In the present criminal appeal, the sole appellant has put to challenge, the judgment of conviction and the order of sentence dated 18.11.2016 and 24.11.2016 passed by the learned Additional Sessions Judge-VIII, Patna in Sessions Trial No. 358 of 2015 as under:—
| Conviction under Section | Conviction under Section | Sentence Fine (Rs.) | In default of fine |
| 489-B of the Indian Penal Code | For life | 7,50,000/- | 3 years simple imprisonment |
| 489-C of the Indian Penal Code | No separate punishment in the light of Section 71 of the Indian Penal Code | — | — |
| 16 of the Unlawful Activities (Prevention) Act
| 10 years | 10 years | 1 year simple imprisonment |
2. Ashwani Kumar Chaturvedi, a Sub-Inspector of Anti Terrorism Squad (“A.T.S.” for short) Varanasi, Uttar Pradesh is the informant (P.W.-2), whose written report is said to be the basis for registration of the first information report with A.T.S. Police Station, Patna as A.T.S. P.S. Case No. 02 of 2014 dated 16.10.2014 leveling allegation of commission of the offence punishable
Seizure of counterfeit currency notes – Disgrace of criminality is not to be inflicted upon in an individual which is crucial for maintaining public confidence in legal system.
The judgment clarifies that mere possession of counterfeit currency does not equate to being a mastermind, and the role of the accused must be considered in sentencing.
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 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....
Prosecution must prove both knowledge and intent regarding the possession of forged currency; mere possession is insufficient for conviction under guiding statutes.
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