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RAVINDRA MAITHANI
Mukesh Jain – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
Present appeal has been preferred against the judgment and order dated 30.09.2004, passed in Sessions Trial No.101 of 2001, State Vs. Mukesh Jain, by the court of Sessions Judge, Dehradun (for short, “the case”). By the impugned judgment and order, the appellant has been convicted under Section 489 C IPC and sentenced to rigorous imprisonment for a period of three years with a fine of Rs. 1000/-. It has further been directed that in case of default of payment of fine, the appellant shall undergo imprisonment for further period of one month.
2. Prosecution case, briefly stated, is as follows:-
On 06.09.2021, the police was on patrolling duty. They received an information that the appellant is having counterfeit currency notes and a revolver, who was standing near a car bearing Registration No. PB10U992. At 14:15 hours, the appellant was apprehended and from his possession, according to the prosecution, 83 counterfeit currency notes of Rs. 100/- each and a revolver were recovered. A recovery memo Ex. A2 was prepared and based on it, Crime No. 363 of 1
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....
The central legal point established in the judgment is the requirement of 'knowledge or reason to believe' in establishing guilt for the offences under Section 489-B and 489-C of the RPC, emphasizing....
Prosecution must prove both knowledge and intent regarding the possession of forged currency; mere possession is insufficient for conviction under guiding statutes.
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.
Point of Law : Section 489-C of IPC deals with possession of forged or counterfeit currency notes or banknotes.
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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