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HIGH COURT OF KERALA
P. G. Ajithkumar, J
KUNHIRAMAM @ KUNHIRAMA KURUP – Appellant
Versus
STATE OF KERALA – Respondent
Based on the provided legal document, the court has upheld the conviction of the appellant for possession of counterfeit currency notes under Section 489C of the Indian Penal Code. The court found the evidence sufficient to establish that the appellant possessed the counterfeit notes, even though it did not prove ownership of the recovery site beyond doubt. The conviction was maintained, but the sentence was modified to reflect considerations of the appellant's age and the delay in proceedings, resulting in a reduced imprisonment term and fine (!) (!) .
Therefore, the legal document indicates that the appellant was convicted.
| Table of Content |
|---|
| 1. defense claims manipulation of evidence (Para 6 , 7 , 8) |
| 2. prosecution evidence insufficient for usage charge (Para 9 , 11 , 12) |
| 3. conviction based on possession of counterfeit notes (Para 13 , 14) |
| 4. sentence modified due to age and delay (Para 15) |
JUDGMENT
The appellant is the accused in S.C.No.596 of 2009 on the files of the Sessions Court, Kozhikode. The II Additional Sessions Judge, Kozhikode who tried the appellant on a charge under Sections 489B and 489C of the Indian Penal Code , 1860 ( IPC ) found him guilty of the offence under Section 489C alone. He was sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.50,000/-. The said judgment of conviction and the order of sentence are under challenge in this appeal filed under Section 374 (2) of the Code of Criminal Procedure , 1973 (Code).
2. The allegations against the appellant were the following:
At about 07.45 p.m., on 27.03.2005, the appellant purchased bed sheets worth Rs.150/- from PW1, a street vendor selling clothes near Colombo Stores in S.M.Street, Kozhikode and gave a 500 rupee note for payment of its price. That currency note was found to be fake, which resulte
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