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IN THE HIGH COURT OF DELHI AT NEW DELHI
RAJNEESH KUMAR GUPTA
Aashim – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. conviction of appellants under ipc section 489c (Para 1 , 2 , 3) |
| 2. arguments regarding doubt on evidentiary value (Para 4 , 5) |
| 3. evidence and testimonies of police officers (Para 6 , 9 , 10 , 11) |
| 4. legal standards for possession of counterfeits (Para 8 , 12) |
| 5. modification of sentence in interest of justice (Para 14 , 15 , 16) |
JUDGMENT :
RAJNEESH KUMAR GUPTA, J.
1. The present criminal appeal has been filed under Section 374 Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C’) by the Appellants, namely, Aashim and Mehtab Jahan challenging the judgment dated 4th January, 2012 (hereinafter referred to as ‘impugned judgment’) and the Order on Sentence dated 6th January, 2012 (hereinafter referred to as ‘impugned Order In Sentence’) passed by the learned Additional Sessions Judge-II (North), Tis Hazari Courts, Delhi (hereinafter referred to as ‘Trial Court’) in Sessions Case bearing No. 63/2011 arising out of FIR bearing No. 146/2008 registered at Police Station-Lahori Gate.
2. Vide the impugned judgment, the learned Trial Court convicted the Appellants under Section 489C of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and sentenced t
Possession of counterfeit currency, even without independent witness corroboration, can sustain a conviction if knowledge of its nature is inferred from circumstances.
The central legal point established in the judgment is the requirement for the prosecution to prove the seized articles were fake currency notes, and the impact of non-production of a forensic report....
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.
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....
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....
Possession of counterfeit currency requires proof of mens rea; mere possession is insufficient for conviction under relevant IPC sections.
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....
An acquittal stands when the prosecution fails to establish guilt beyond reasonable doubt, particularly in cases involving counterfeit currency where witness inconsistencies are apparent.
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