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2001 Supreme(Ker) 298

M.R.HARIHARAN NAIR
Vijayan Alias Kochomon – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

The challenge in the appeal is with regard to the conviction entered against the appellant who was the accused in S.C. No. 157/93 of the Ist Additional Sessions Court, Kollam for the offence under Section 489-C of the Indian Penal Code and sentence of rigorous imprisonment for three years and fine of Rs. 15,000/- (in default rigorous imprisonment for a further term of one year) imposed therefor.

The prosecution alleged that at about 3.00 p.m. on 1-10-1987 the accused approached PW 3, who is a meat vendor, while he was at the Churulikkodu Junction and after introducing himself, offered to advance cash for the business of PW 3 and suggested that both could go to the house of PW 3 and discuss the matter. He also took from the pocket of his underwear a handful of notes of Rs. 20/- denomination and extended it PW 3. When PW 3 got the notes and examined, he found that its colour materially differed from that of genuine currency notes that and hence became suspicious. PW 3 therefore not only did not receive it, but passed on the information to the Police through his friend without causing suspicion to the accused. Subsequently, PW 1 Police Head Constable came with his party, i














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