Indian Kanoon - Search engine for Indian Law

Criminal Appeal No.461 of 2019 has been filed by Md. Saddam Hossain assailing the judgment and order of conviction passed by the learned Additional Sessions Judge, Fast Track 2nd Court at Jangipur in Sessions Trial No.2(2)/2018 arising out of Sessions Case No.133 of 2017 thereby convicting the appellant for committing offence under Section 489B and 489C of the Indian Penal Code as well as Section 14 of the Foreigners Act and sentencing him to suffer rigorous imprisonment for seven years with fine and default clause for the offence punishable under Section 489B of the IPC. The above named appellant was also sentenced to suffer rigorous imprisonment for five years with fine and default clause for the offence punishable under Section 489C of the IPC. The appellant was also sentenced to suffer rigorous imprisonment for three years with a fine and default clause for the offence punishable under Section 14 of the Foreigners Act.

3. Subsequently, police submitted charge sheet against both the appellants under Section 489B/489C and Section 14 of the Foreigners Act.

4. The case was transferred to the court of the learned Additional Sessions Judge, Fast Track 2nd Court at Jangipur for trial. The learned trial judge on consideration of the charge sheet and other materials on record framed charge against both the accused persons under Section 489B/489C of the IPC and Section 14 of the Foreigners Act. Be it mention here that while accused Rubel Sk was charged for illegal entry into the territory of the Indian republic from Bangladesh without valid passport and visa, charge under Section 14 of the Foreigners Act was also framed against the accused Saddam Hossain for abating the offence of illegal entry by accused Rubel Sk.

9. The learned Advocate on behalf of the appellant impeached the findings of the trial court on the ground that even assuming that the legal evidence on record inculpate the appellant, that could be only to the extent of the charge against him under Section 489C and not under Section 489B of the IPC. The decision of the trial court on the basis of which conviction of the accused was recorded on both the charges is contrary to law and the reasons stated by the trial court to note down such order of conviction is unsustainable, it is argued.

14. The accused persons did not plead absence of mens rea while huge quantities of FICNs were recovered from them. Non-examination of any defence witnesses and fact that no specific averment was made by the appellant when questioned under Section 313 of the Cr.P.C, were factors which wade with the court below to hold that the accused persons, including the appellant possessed the FICNs being aware of the fact that they were no genuine. In CRA 562 of 2018 (Jubeda Chitrakar @ Jaba Chitrakar vs. The State of West Bengal) the Division Bench of this Court presided over by the Hon'ble Chief Justice Thottathil B. Radhakrishnan as His Lordship then was held that the component of mens rea for offence falling under Section 489B and/or 489C is the knowledge or having reason to believe that the currency note or bank note is forged or counterfeit, coupled with the intention to use the same as genuine or the knowledge that it may be used as genuine. In the aforesaid judgment the Division Bench of this Court had dealt with the question as to whether conscious possession of huge quantity of fake currency notes knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine attracts the offences under Section 489C of the IPC.