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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Raju Thomas S/o Thomas – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
A. BADHARUDEEN, J.
The 1st accused in S.C. No.1075/2003 on the of the First Additional Sessions Court, Kollam, has filed this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973, challenging the conviction and sentence imposed by the Sessions Judge as per the judgment dated 02.12.2006. The State of Kerala, represented by the Public Prosecutor is arrayed as the sole respondent herein.
2. Heard the learned counsel for the appellant and the learned Public Prosecutor, in detail. Perused the verdict under challenge and the records of the trial court.
3. Parties in this appeal shall be referred as ‘accused’ and ‘prosecution’, hereafter.
4. Coming to the prosecution case, it is alleged that, at about 8.15 p.m on 22.04.1992, after sharing common intention to traffic fake Indian currency notes of the denomination Rs.100/- and Rs.10/-, accused Nos.1 and 2, possessed the said notes and used the same as genuine. Accordingly, the accused were arrested and the alleged fake notes were taken into custody. It is on the said premise, the prosecution alleges commission of offences punishable underSection 489 B and C read with 34 of the Indian Penal Code, by accused Nos. 1 and 2
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.
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 established through circumstantial evidence, while ownership of the recovery site remains unproven; conviction upheld with modified sentence considering age and del....
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.
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....
Possession of counterfeit currency requires proof of knowledge or reason to believe the notes are counterfeit; evidence must be recorded accurately to ensure admissibility.
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