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VINOD CHATTERJI KOUL
UT of J&K – Appellant
Versus
Ravi Kumar – Respondent
JUDGMENT :
Vinod Chatterji Koul, J.
1. The instant Criminal Acquittal Appeal has been filed against the judgment dated 27.08.2018 passed by Ld. Principal Sessions Judge, Rajouri, (for brevity 'trial Court') whereby the respondents have been acquitted of the charges under sections 489-C, 489-D r/w 120-B RPC in FIR No. 496/2006 of Police Station Rajouri.
2. The Judgment of the trial Court is assailed on the grounds that the same is against the law and facts of the case and there is sufficient material on record to convict the respondents, but the trial Court has not appreciated the law and facts of the case which resulted into acquittal of the respondents. The prosecution had established the case against the respondents by adducing documentary as well as oral evidence which in ordinary course of nature is sufficient to prove the guilt of the respondents, however, the trial court has failed to appreciate the same in its true perspective. The important pieces of evidence have been ignored and the judgment is based on surmises and conjectures. The conclusion drawn is against the weightage of evidence adduced by the prosecution. The trial court has taken hyper technical approach and the evi
An acquittal stands when the prosecution fails to establish guilt beyond reasonable doubt, particularly in cases involving counterfeit currency where witness inconsistencies are apparent.
Possession of counterfeit currency requires proof of mens rea; mere possession is insufficient for conviction under relevant IPC sections.
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 alone does not warrant conviction under IPC Section 489A; trafficking established through possession leads to conviction under Sections 489B and 489C.
Prosecution must prove both knowledge and intent regarding the possession of forged currency; mere possession is insufficient for conviction under guiding statutes.
Seizure of counterfeit currency notes – Disgrace of criminality is not to be inflicted upon in an individual which is crucial for maintaining public confidence in legal system.
The concurrent findings by trial and appellate courts affirm the conviction under counterfeit currency charges, with modifications to sentences based on elapsed time and the health of the accused.
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 notes, along with intent to traffic, constitutes a violation of IPC Sections 489B and 489C, affirming the necessity of mens rea in such cases.
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