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BIBEK CHAUDHURI
Manu Sk. @ Manowar Ajam – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Bibek Chaudhuri, J.
1. The instant criminal appeal is directed against the judgment and order of conviction and sentence dated 31st day of July, 2013 passed by the learned Additional Sessions Judge, 5th Court at Malda in Sessions Trial No.7 of 2013 corresponding to Sessions Case No.281 of 2012 arising out of Gazole Police Station Case No.292/12 dated 27th July, 2012 thereby convicting the accused/appellant under Section 489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 1 (one) year and to pay a fine of Rs.1,000/-with default clause.
2. The brief fact of the case is as follows:-Police attached to Gazole Police Station received the information that four persons including the driver of a Bolero car bearing No.WB66-A/1627 was standing at Alampur Chiriadaha side and the movement of the said four persons was suspicious. The information was recorded in the general diary book of the police station and one Rasamay Paul, Assistant Sub-Inspector of police went to the spot to work out the said information. At Alampur they found one Bolero car in stationary condition by the side of the road. One person was sitting in driver’s seat. Police interrogated
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.
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 ....
Conviction for possessing counterfeit currency under IPC Section 489(C) upheld, but sentence modified due to consideration of prior custody and family circumstances.
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.
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 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 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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