IN THE HIGH COURT OF KERALA AT ERNAKULAM
Badharudeen, J
Sathyan – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. procedural context and summary of trial court conviction. (Para 1 , 2 , 3) |
| 2. conflicting stances on the evidentiary impact of procedural delays in producing counterfeit currency. (Para 4 , 5) |
| 3. delayed production of seized contraband to court creates fatal reasonable doubt for the prosecution. (Para 6 , 7 , 8) |
| 4. final acquittal of the accused due to insufficient evidence and procedural failure. (Para 9) |
JUDGMENT
The judgment in S.C.No.74/2005 dated 31.01.2006 on the files of the IInd Additional Sessions Court, Ernakulam, is under challenge in this appeal moved by the sole accused therein. Since the counsel, who had filed this appeal, had relinquished his engagement, this Court appointed Adv.Adithya Rajeev as Amicus Curiae and heard him in detail. Also heard the learned Public Prosecutor. Perused the verdict under challenge and the evidence available.
2. In the present case, the prosecution alleges the commission of offences punishable under Sections 489B and 489C of the Indian Penal Code (for short, "IPC"), by the accused on the premise that, at about 8.15 p.m. on 19.01.1998, the accused possessed and used a counterfeit currency note of Rs.50/-. It is further allege
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