Case Note & Summary
The case involves two criminal appeals filed by Sheikh Asif (A1) and Abdul Khalik (A2) against their conviction by the Additional Sessions Judge, Wardha, in Sessions Case 12 of 2015. The appellants were convicted under Section 489B read with Section 34 IPC (using as genuine counterfeit currency) and Section 489C IPC (possession of counterfeit currency). The prosecution case was that on 24 July 2015, PW1 API Nishikant Ramteke received secret information that a slim person was carrying fake currency notes near Wardha railway station. PW1 proceeded to Satkar Bhojnalaya, where he found A1 sitting with a bag. On search, a bundle containing 385 counterfeit notes of Rs. 500 denomination was recovered. A1 disclosed that he had received the notes from A2, and led the police to A2, from whom additional fake notes were recovered. The trial court convicted both appellants. The High Court, after hearing arguments, examined the evidence including the testimony of PW1, panch witnesses, and the recovery memos. The court found that the recovery from A1's exclusive possession was proved, and the subsequent discovery of fake notes from A2 corroborated the prosecution case. The court held that the appellants failed to provide any plausible explanation for possession of the counterfeit notes, and the circumstances pointed to their guilty knowledge and common intention. The appeals were dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Counterfeit Currency - Sections 489B, 489C, 34 Indian Penal Code, 1860 - Conviction upheld - Appellants were convicted for using and possessing counterfeit currency notes - The prosecution proved recovery of 385 fake notes of Rs. 500 denomination from appellant A1's bag, and subsequent discovery of additional fake notes from appellant A2's possession - The court held that the recovery from exclusive possession and the circumstances, including the appellants' conduct, established guilty knowledge and common intention - Appeals dismissed (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Sections 489B and 489C read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
Both criminal appeals are dismissed. The conviction and sentence of the appellants under Sections 489B and 489C read with Section 34 IPC are upheld.
Law Points
- Section 489B IPC
- Section 489C IPC
- Section 34 IPC
- Possession of counterfeit currency
- Use of counterfeit currency
- Circumstantial evidence
- Recovery from exclusive possession
- Presumption of knowledge
