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ANANYA BANDYOPADHYAY
Aitulla Sheikh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ananya Bandyopadhyay, J.
1. This appeal is preferred against judgment dated 29.08.2012 and order dated 30.08.2012 passed by the Learned Additional Sessions Judge, 5th Court, Krishnagar, Nadia in Sessions Trial No. IV(August), 2011 arising out of Sessions Case No. 15(8) 2010 convicting the appellant under Section 489C of the Indian Penal Code and sentenced imprisonment for 5 years and to pay a fine of Rs.5,000/-in default to suffer imprisonment for 1 year.
2. The prosecution case narrated on 03.05.2010 Officer-in-Charge of Chapra Police Station PW-10 S.I. Anupam Chakraborty on secret telephonic information went to Bangaljhi Chowrasta with other police people and apprehended the appellant who stood at the side of Krishnagar Karimpur Road at Bangaljhi Chowrasta. The body of the appellant was searched 95 numbers of Indian Currency Notes of denomination of Rs.500/-each from the left pocket of the trouser of the appellant were recovered. The complainant S.I. Anupam Chakraborty seized the said recovered currency notes at the spot under seizure list in presence of the local witnesses after obtaining the signatures of the appellant and the witnesses on the said currency notes. On re
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 ....
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....
The central legal point established in the judgment is the requirement to prove mens rea and the possession and use of counterfeit notes beyond reasonable doubt in cases involving offences under Sect....
The central legal point established in the judgment is the requirement to prove possession of forged currency notes, knowledge of their counterfeit nature, and intention to use them as genuine in ord....
Criminal Law – Using as genuine, forged or counterfeit currency notes or bank notes – Appeal against conviction – Testimony of witnesses – Reliability of - Minor contradictions, inconsistencies, embe....
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.
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