Possession of counterfeit currency requires proof of mens rea; mere possession is insufficient for conviction under relevant IPC sections.

1. Criminal Appeal No. 2/2004 filed by Kurukshetra Sena, Criminal Appeal No. 22/2004 filed by Narendra Kumar Jain, Criminal Appeal No. 43 filed by Rawalmal Jain and Criminal Appeal No. 52/2004 filed by Narsingh Lal Maheshwari, Babulal Inadi and T. Appal Suri are arising out of the judgment of conviction and order of sentence dated 10-12-2003 passed by the Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 , Jagdalpur, in Sessions Trial No. 107/2002, therefore, they are being disposed of by this common judgment.

2. The aforesaid criminal appeals are directed against the judgment of conviction and order of sentence dated 10-12-2003 passed by the Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 , Jagdalpur, in Sessions Trial No. 107/2002, whereby and whereunder learned Special Judge after holding appellant Narendra Kumar Jain guilty for the offence punishable under S.489B and S.489C read with S.120B of the Indian Penal Code sentenced him to undergo rigorous imprisonment for three years and to pay fine of Rs. 10,000/-, in default of payment of fine to further undergo rigorous imprisonment for nine months and rigorous imprisonment for two years and six months and to pay fine of Rs. 6000/-, in default of payment of fine to further undergo rigorous imprisonment for nine months and appellants Narsingh Lal, Kurushetra Sena, Babulal Inadi, Rawalmal Jain and T. Appal Suri guilty for the offence punishable under S.489C read with S.120B of the Indian Penal Code and each of them have sentenced to undergo rigorous imprisonment for two years and six months and to pay fine of Rs. 7000/-, in default of payment of fine to further undergo rigorous imprisonment for nine months, respectively.

3. Conviction is impugned on the ground that without there being any evidence, especially conscious possession of fake currency notes with intent to use the same as genuine, the Court below has convicted and sentenced the appellants as aforementioned the (and) thereby committed illegality.

4. Case of the prosecution, in brief, that Rainu (PW 4) working as Gangman in Railway Department posted at Tokapal received his salary from his department containing currency note of Rs. 500/-, he contacted to appellant Narendra Jain for change of Rs. 500/-, appellant Narendra gave 5 currency notes of Rs. 100/- denomination. After taking the same, Rainu (PW 4) went to chicken shop and paid Rs. 100/-, then chicken shopkeeper asked to show other currency notes and after perusing the same, shopkeeper told that currency notes are not genuine and are counterfeit. Other persons also present there. Station House In charge Frejerpur G. N. Singh (PW 7) was on patrolling near railway station, Takapal, Rainu (PW 4) made a complaint relating to the aforesaid fake currency notes and lodged dehati nalishi vide Ext. P / 15.5 currency notes were seized from Rainu Ext. P / 17. During the course of investigation, investigating Officer interrogated appellant Narendra Kumar Jain and seized 13 currency notes of Rs. 500/-, 46 currency notes of Rs. 100/-, 12 currency notes of Rs. 50/- and another 4 currency notes of Rs. 100/- vide Ext. P / 19. He also seized 15 currency notes of Rs. 500/-, 103 currency notes of Rs. 100/-, 5 currency notes of Rs. 50/-, 4 currency notes of Rs. 10/-, 2 slips containing names of the persons, another 5 currency no