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1 - 7 of 7 (0.31 seconds)Section 489B in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Umashankar vs State Of Chhattisgarh on 5 October, 2001
As regards the charged under Section 489B IPC and sentence of seven years
rigorous imprisonment awarded against the appellant, learned advocate appearing
for the appellant has relied on a decision in the case of Umashankar vs. State of
Chhattisgarh reported in AIR 2001 SC 3074 to argue that there was no mens rea
of the offence under Section 489B and 489C in view of the provision thereof on the
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score that knowing or having reason to believe the currency notes or bank notes are
forged or counterfeit. In the said cited decision it has been observed that the mens
rea of 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 the IPC. 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.
The observation of the Hon'ble Court was on a set of facts that on May 25, 1990 at
about 10 p.m. the appellant having purchased one kilogram of mango of Rs.5, he
paid fake currency note of Rs.100/- to P.W. 4 who doubted its genuineness. She
showed to P.W. 2 and 7 who also said that it was a fake currency note. He was
handed over to the police who recovered 13 more such fake currency notes from him.
It was in that fact, charges were framed against him under Section 489A, 489B and
489C of the IPC. In that context, mens rea was not brought for using of the currency
notes as it was a case of possession of fake notes. The facts scenario of the cited
case is not well nigh within the facts and circumstances of the instant case as this
Court finds that about 300 Indian fake notes were recovered from three accused
persons including the appellant and 100 fake Indian currency notes were recovered
from him which fact is well proved on evidence.
The Indian Penal Code, 1860
Section 100 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 489A in The Indian Penal Code, 1860 [Entire Act]
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