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Kavit vs State on 21 March, 2011 cites

K. Ponnuswamy vs State Of Tamilnadu By Inspector Of ... on 31 July, 2001

25. Mr. Kodekar, learned APP has submitted that since the accused persons are found in possession of fake currency notes in bulk quantity and when they have not disclosed as to wherefrom they obtained such notes they should be convicted for the offence under Sections 489A and 489B IPC. To canvass the aforesaid proposition Mr. Kodekar, learned APP, has pressed into service the decision of the Supreme court in the case of Ponnuswamy v. State, 1995 Cri.LJ 2658. In that case the prosecution has come out with the case that the appellant-accused had purchased paddy from a peasant on payment of 130 forged currency notes of Rs.100 denomination. On the arrest of the appellant, further forged currency notes were alleged to have been found in his possession for which he had to face a trial separately. All the same, the appellant had no explanation to offer as to wherefrom had he obtained those forged currency notes. Silence on the part of the appellant in such circumstances would by itself be a telling circumstance which would weigh against him in the consideration of the prosecution evidence led against him. In these circumstances, the Supreme Court held that the conviction recorded under Section 489B IPC deserves no alteration and equally there is no scope for reduction of sentence and maintaining the conviction and sentence of the appellant for commission of offence under Section 489B IPC, the appeal filed by the appellant was dismissed.
Supreme Court of India Cites 6 - Cited by 35 - S N Variava - Full Document
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