Back
BIBHAS RANJAN DE
Majibar @ Mujibor Rahaman – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Bibhas Ranjan De, J.
Preface:-
1. The appeal impugns the judgement and order of conviction dated 17.08.2023 & 18.08.2023 respectively passed by the Additional Session Judge, 4th Court, Berhampore, Murshidabad in Sessions Trial No. 01(July)/ 2012 arising out of the Sessions SL. Case No. 421/2009 wherein the appellants were convicted as under:-
| 489C of the Indian Penal Code (for short IPC) | Six years rigorous imprisonment and fine of Rs.10,000/- in default further R.I. for 3 months. |
Fact in laconic:-
2. On 12.07.2007 at about 16.45 hours the police received credible information from source to the effect that three persons being carriers/ dealers and sellers of Fake Indian Currency Note( for short FICN) are coming to Berhampore with huge quantity of FICL to channelize those to open market through their agents in exchange of money for unlawful gain. The police personnel under the leadership of Inspector Bibhas Ganguly, Detective Department, Murshidabad (for short DD) took note of the same and proceeded to Chuapur More on NH 34. At the place of occurrence (for short P.O.) the police requested two persons namely Ashim Sarkar and Ramananda Singh to act as public witne
The prosecution must examine all material witnesses to ensure a fair trial, and mere possession of counterfeit currency does not suffice for conviction without proof of intent to use it as genuine.
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 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....
Fake Indian Currency Notes - Statement of appellant - Admissibility of - It is a settled position in law that statements given in an examination under Section 313 of the Cr.P.C. cannot be the basis f....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
