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                                                          Conviction                                            Sentence
                                     Sr. Name of Accused              Section       Act        Sentence         Fine       Imprisonment
                                     No.                                                                       Details     in lieu of Fine
                                      1.   Sushil                      489B IPC       10 Years RI     Rs.500/-       01 Month RI
                                                                       489C         IPC       07 Years RI     Rs.500/-       01 Month RI









                            NEUTRAL CITATION NO. 2024:MPHC-IND:23783

2. Nasir 489B IPC 10 Years RI Rs.500/- 01 Month RI 489C IPC 07 Years RI Rs.500/- 01 Month RI 489D/34 IPC 10 Years RI Rs.500/- 01 Month RI 489E/34 IPC - Rs.100/- 02 Days RI 25(1-B)(A) Arms Act 02 Years RI Rs.500/- 01 Month RI

3. Mushtaq @ Aftab 489B IPC 10 Years RI Rs.500/- 01 Month RI 489C IPC 07 Years RI Rs.500/- 01 Month RI 489D/34 IPC 10 Years RI Rs.500/- 01 Month RI 489E/34 IPC - Rs.100/- 02 Days RI

8. A perusal of the provisions, extracted above, shows that mens rea of offences under Sections 489B and 489C is, "knowing or having reason to believe the currency-

notes or bank-notes are forged or counterfeit". Without the afore-mentioned mens rea selling, buying or receiving from another person or otherwise trafficking in or using as genuine forged or counterfeit currency-notes or bank- notes, is not enough to constitute offence under Section 489B of I.P.C. So also possessing or even intending to use any forged or counterfeit currency-notes or bank-notes is not sufficient to make out a case under Section 489C in the absence of the mens rea, noted above. No material is brought on record by the prosecution to show that the appellant had the requisite mens rea. The High Court, however, completely missed this aspect The learned trial judge on the basis of the evidence of P.W. 2, P.W. 4 and P.W. 7 that they were able to make out that currency note alleged to have been given to P.W. 4, was fake "presumed" such a mens rea. On the date of the incident the appellant was said to be 18 years old student. On the facts of this case the presumption drawn by the trial court is not warranted under Section 4 of the Evidence Act. Further it is also not shown that any specific question with regard to the currency-noted being fake on counterfeit was put to the appellant in his examination under Section 313 of Criminal Procedure Code. On these facts we have no option but to hold that the charges framed under Sections NEUTRAL CITATION NO. 2024:MPHC-IND:23783 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 489B and 489C are not proved. We, therefore, set aside the conviction and sentence passed on the appellant under Sections 489B and 489C of I.P.C. and acquit him of the said charges [see: M. Mammutti Vs. State of Karnataka : AIR 1979 SC 1705]."