Back
SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
State Of Chhattisgarh Through Station House Officer – Appellant
Versus
Abid Ali Khan, S/o. Wajid Ali Khan – Respondent
JUDGMENT :
[Sanjay K. Agrawal, J.]
1. This acquittal appeal is directed against the impugned judgment dated 22-12-2003 passed by Additional Sessions Judge, Sakti, District Bilaspur in S.T. No.111/2002 by which respondents No.1 and 2 namely Abid Ali and Mohammad Hanif Chaturvedi have been acquitted from the charges under Sections 489-B and 489-C read with Section 34 of the IPC finding no ground to convict them for the aforesaid offences. This appeal has been preferred challenging the legality, correctness and validity of the impugned judgment.
2. Mr. Sudeep Verma, learned counsel for the appellant/State submits that the learned trial Court is absolutely unjustified in acquitting the respondents from the aforesaid offences whereas there is sufficient evidence available on record to convict them for the aforesaid offences as admittedly, respondent No.2 had given currency notes of denomination of 500/- for exchange in the bank, to which respondent No.1 Abid Ali had deposited in the bank. Therefore, both the respondents ought to have been convicted under Sections 489-B and 489-C of the IPC and therefore, the impugned judgment deserves to be set aside.
3. None appeared for respondents No.1
Point of Law : Section 489-C of IPC deals with possession of forged or counterfeit currency notes or banknotes.
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....
The central legal point established in the judgment is the requirement of 'knowledge or reason to believe' in establishing guilt for the offences under Section 489-B and 489-C of the RPC, emphasizing....
Possession of counterfeit currency alone does not warrant conviction under IPC Section 489A; trafficking established through possession leads to conviction under Sections 489B and 489C.
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.
Mens rea is essential for conviction under IPC Sections 489B and 489C; mere possession of a counterfeit note without intent or knowledge does not constitute an offense.
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
