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DEVASHIS BARUAH
Ajmal Hussain Mazarbhuiya – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. Z. Kamar, the learned Senior counsel assisted by Mr. T.A. Choudhury, the learned counsel appearing on behalf of the Appellant and Ms. Mary L. Khiangte, the learned Additional Public Prosecutor appearing on behalf of the State of Mizoram.
2. This is an appeal filled under Section 374(2) of the Code of Criminal Procedure, 1973 (for short “the Code”) challenging the judgment and order dated 07.03.2024 as well as the sentence dated 20.03.2024 passed by the learned Fast Track Court, Kolasib, Mizoram (for short “the learned Trial Court”) in S.C. (K) No. 35/2019 arising out of Vairengte P.S. Case No. 38/2017 registered under Sections 489B/489C of the Indian Penal Code whereby the learned Trial Court had convicted the Appellant under Section 489B to suffer simple imprisonment for a period of 6 (six) years and to pay a fine of Rs.50,000/-, in default of payment of fine, to undergo further simple imprisonment for a period of 3 (three) months and also sentenced under Section 489C of the Indian Penal Code to suffer simple imprisonment for a period of 3 (three) years and to pay a fine of Rs.50,000/- in default, to further undergo simple imprisonment for
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.
The court ruled that possession of counterfeit currency notes does not alone establish guilt; intention to use them as genuine must be proven alongside accountability for their possession.
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 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....
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....
Point of Law : Section 489-C of IPC deals with possession of forged or counterfeit currency notes or banknotes.
Point of Law : Possession mensrea - A perusal of the provisions, extracted above, shows that mensrea of offences under Sections 489- B and 489-C is, "knowing or having reason to believe currency note....
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.
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