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TIRTHANKAR GHOSH
S. K. Masarul – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 15.01.2009 and 16.01.2009 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Berhampore, Murshidabad in connection with the Sessions Serial Number 249 of 2007 wherein the learned trial Court after holding the present appellants guilty of offence punishable under Sections 489B/489C of the Indian Penal Code read with Section 34 of the Indian Penal Code was pleased to impose the following sentence :
(ii) Rigorous imprisonment for seven years and fine of Rs.2,000/- (Rupees Two Thousand Only) each i.d. to undergo R.I. for six months for offences under Sections 489C/34 of the Indian Penal Code.
2. Berhampore Police Station Case no. 292/2003 dated 21.09.2003 was registered for investigation under Section 489B/489C of the Indian Penal Code pursuant to an information addressed to the Inspector-in-charge, Berhampore Police Station by one Mantu Mondal. The allegations ma
The main legal point established in the judgment is that the prosecution must prove the case beyond reasonable doubt, and discrepancies in evidence, questionable seizure, and non-production of essent....
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.
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 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 counterfeit currency requires proof of mens rea; mere possession is insufficient for conviction under relevant IPC sections.
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 significance of mens rea in offenses under Section 489B of the Indian Penal Code, emphasizing the requirement for the prosecution to prove t....
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