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TIRTHANKAR GHOSH
Jakaria Ali alias Jakir – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Tirthankar Ghosh, J.
1. The present appeal has been preferred against the Judgment and Order of conviction and sentence dated 28-08-2019 and 29-08-2019 passed by the learned Additional District and Sessions Judge, 5th Court, Malda in Sessions Trial No. 34 of 2018 arising out of Sessions Case No. 141 of 2018 wherein the learned trial court was pleased to convict the appellant and sentenced him to suffer rigorous imprisonment for 5(five years) and to pay a fine of Rs.10,000/-i.d., rigorous imprisonment for another six months for the offence punishable under Section 489C of the Indian Penal Code.
2. English Bazar P. S. Case No. 1143 of 2017 dated 21-12-2017 was registered for investigation under Sections 489B/489C of the Indian Penal Code pursuant to a complaint submitted by the S.I. of Police, namely, Shyam Sunder Saha with the Inspector-in-Charge, English Bazar Police Station on 21-12-2017.
3. The allegations made in the communication made to the Inspector-in-Charge, English Bazar PS were to effect that on receipt of telephonic information, the informant proceeded along with the force at around 16-10 hrs., and reached at Himalaya Tibetian Market within the jurisdiction of Eng
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 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.
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 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....
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 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....
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