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Showing contexts for: section 489c in State vs . Lakshay Luthra Etc. on 12 April, 2019Matching Fragments
64. Section 489C. Possession of forged or counterfeit currencynotes or banknotes. "Whoever has in his possession any forged or counterfeit currencynote or banknote, 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, shall be punished with imprisonment of either description for a term which may extended to seven years, or with fine, or with both."
UID No. 57570/2016 State vs. Lakshay Lutra etc. 45 of 56
83. On the basis of FSL report exhibited by PW5 and further statement of PW7 from Currency Notes Press, Nasik, again material which has come on record is insufficient to prove the commission of an offence under Section 489C for which also both accused are charged.
84. At it was necessary for the prosecution to prove that the currency allegedly seized from the accused persons is counterfeit which is defined under Section 28 IPC as under: IPC SECTION 28. "Counterfeit". A person is said to "counterfeit" who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.
87. Further, the necessary evidence qua intention of accused to use these notes, and or them found circulating such notes is also not brought on record. The necessary "mens rea" is completely lacking as the two conditions which are part of Section 489C IPC that the notes in possession of the accused to their own knowledge were fake and that they intended to use these fake notes as genuine is not exhorted on record.
88. In (1931 (32) Cri LJ 351), (Bur Singh Vs. Emperor) it is held:
96.In circumstance above, the ingredients necessary to establish the commission of offence for which accused is charged,i.e., Section 489A, 489B and 489C read with Section 120B IPC are not established. The evidence produced is highly deficient and points towards the improbability of an offence having taken place in the manner explained.
97.In view of the above discussions, accused persons namely Devender @ Lucky @ Kalta and Lakshay Luthra @ Manu are acquitted for commission of the offence punishable under Section 489A, 489B and 489C read with Section 120B IPC.