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N. S. SHEKHAWAT
Lovepreet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
N.S.Shekhawat J.
1. This judgment shall dispose off three criminal appeals i.e CRAS-904-SB-2005 titled as "Lovepreet Singh Vs. State of Punjab", CRA-S-972-SB-2005 titled as "Gurdev Singh Vs. State of Punjab and CRA-S-974-SB-2005 titled as “Sandeep Singh Vs. State of Punjab as the same arise out of the common impugned judgment of conviction and order of sentence dated 26.04.2005, passed by the Court of Additional Sessions Judge, Fast Track Court, Ferozepur, whereby the appellants in these appeals were convicted and sentenced as under:-
| Appellant Gurdev Singh in CRA-S-972-SB-2005 | |
| Under Section 489-A | Rigorous imprisonment for six years and to pay a fine of Rs.5000,/-. In default of payment of fine, he shall further undergo rigorous imprisonment for six months. |
| Under Section 489-D | Rigorous imprisonment for six years and to pay a fine of Rs.5000,/-. In default of payment of fine, he shall further undergo rigorous imprisonment for six months. |
| Appellant Sandeep Singh in CRA-S-974-SB-2005 | |
| Under Section 489-B IPC | Rigorous imprisonment fo |
Possession of counterfeit currency requires proof of mens rea; mere possession is insufficient for conviction under relevant IPC sections.
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.
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....
Mens rea is essential for conviction under IPC Sections 489B and 489C; mere possession of a counterfeit note without intent or knowledge does not constitute an offense.
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.
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