Bengaluru: The Karnataka High Court has upheld the conviction of T.N. Kumara, a resident of Mysuru, found guilty of possessing counterfeit currency notes 14 years after the crime.
Justice Ramachandra D. Huddar confirmed the 2013 conviction by the Mysuru Principal District and Sessions Court under Sections 489B and 489C of the Indian Penal Code.
The Court’s judgement stated, “The impugned judgement of conviction and order of sentence dated Jan. 3, 2013, is hereby confirmed. The accused is directed to surrender before the Trial Court immediately to serve a five-year sentence. The Trial Court shall take appropriate steps to secure his presence and commit him to prison.”
Kumara was arrested on March 2, 2010, near the Institution of Engineering building in Mysuru, with 30 counterfeit notes of Rs. 500 each, all bearing the same serial number, 2BE901745. The prosecution argued that Kumara was aware the notes were counterfeit and intended to use them as genuine currency.
Kumara contested the conviction, claiming the prosecution’s evidence was insufficient to establish his guilt. He argued that the Police had failed to seize his purse containing Rs. 200 and that the offence’s elements were not proven according to the law.
He further contended that the prosecution’s evidence cast doubt on the case and that he should be given the benefit of the doubt.
The prosecution countered, asserting that the accused had not explained his possession of the counterfeit notes. The Reserve Bank of India confirmed that the notes verified were indeed counterfeit.
Upon reviewing the records, the High Court noted the accused’s failure to explain how he came into possession of the counterfeit notes. It rejected his claim that the conviction was based solely on official witnesses, emphasising that Police witnesses are competent under the Indian Evidence Act and their testimony is valid if credible.
The Court highlighted that the complainant’s consistent testimony regarding the accused’s trafficking of counterfeit notes and the subsequent raid, witnessed by panchas, was sufficient to meet the requirements under Sections 489B and 489C.
The Court also observed that Kumara’s attempt to flee upon seeing the Police indicated his guilty knowledge and conscious possession of the counterfeit currency.
This post was published on September 19, 2024 7:41 pm