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SIDDHARTHA ROY CHOWDHURY
Md. Sahid Alias Sahidul – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
1. This appeal impeaches the judgment and order of conviction passed by the learned Additional District & Sessions Judge, 3rd Court, Barrackpore, 24 Parganas (North) in Sessions Trial No. 03 (10) 2015, arising out of S.C. 294 of 2015. By the impugned judgment, the learned Trial Court was pleased to record the order of conviction and directed the convict to undergo simple imprisonment for 5 years for committing offence under Section 489B of the Indian Penal Code with default clause and to undergo simple imprisonment for 5 years for the offence committed under Section 489C of the Indian Penal Code with default clause.
2. Briefly stated on 28th May, 2015, Sub-Inspector of Police Sanjib Das at about 11.35 hours went to Narayanpur West Beraberi, Methorpara to work out a source information. At about 12.05 hours, having reached at Narayanpur, he found one person who was surrounded by some frenzied people. He rescued the man from the clutches of those persons and came to know that the man came to the steel furniture shop near Titumir Sporting Club by riding a motor cycle without any registration number. He decided to purchase one Steel Showcase with Almirah at a price of Rs.8,000/
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.
Mens rea is essential for conviction under Section 489C of the IPC; mere possession of counterfeit notes is insufficient without proof of knowledge or intent.
Conviction for possessing counterfeit currency under IPC Section 489(C) upheld, but sentence modified due to consideration of prior custody and family circumstances.
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 ....
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 must prove beyond reasonable doubt that the accused had knowledge or reason to believe that currency notes were counterfeit to sustain a conviction under IPC Sections 489B and 489C.
Possession of fake currency notes established guilt beyond reasonable doubt; intent to use them in the market suffices for conviction under IPC Sections 489B and 489C.
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