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A. BADHARUDEEN
Maniyan, S/o. S. Kuttan Panicker – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
This appeal is at the instance of the 2nd accused in S.C.No.55/2003 on the file of the Additional Sessions Judge (Fast Track-III), Thiruvananthapuram, filed under Section 374(2) of the Code of Civil Procedure and the appellant impugns conviction and sentence dated 19.04.2006 imposed against him, in this appeal. Respondent herein is the State of Kerala represented by the Public Prosecutor.
2. Heard the learned counsel for the appellant Adv. Sasthamangalam S. Ajith Kumar and Sanal P. Raj, the learned Public Prosecutor for the State. Perused the trial court records.
3. The prosecution case is that a reliable information received to the effect that the accused in this case were indulged in counterfeiting currency notes with an intention to use and possess the same as original currency notes. Accordingly, crime was registered alleging commission of offence under Sections 489A, 489B, 489C, 489D and Section 120(B) read with Section 34 of the Indian Penal Code.
4. On investigation of the Crime registered as CBCID No.34/CR/87, final report laid before the Magistrate Court and the case was committed to the Sessions Court for trial and disposal. The Sessions Court made over the case to
Point of Law : Order to sustain guilt of accused, recovery should be unimpeachable and not be shrouded with elements of doubt.
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.
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....
Inordinate delay in producing seized contraband before the court after recovery creates a significant doubt regarding the authenticity of the seizure, entitling the accused to the benefit of doubt an....
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....
Criminal Law – Using as genuine, forged or counterfeit currency notes or bank notes – Appeal against conviction – Testimony of witnesses – Reliability of - Minor contradictions, inconsistencies, embe....
The prosecution must prove its case beyond reasonable doubt; delays in evidence handling and lack of credible witness testimony can lead to acquittal.
The prosecution must prove its case beyond reasonable doubt; delays in evidence handling and lack of credible witness testimony can lead to acquittal.
The main legal point established in the judgment is the reliance on recoveries and expert testimony to establish guilt in counterfeiting cases, as well as the consideration of circumstances in senten....
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