"Tried To Flee From Police, Conscious Possession": Karnataka HC Upholds Conviction Of Man Found With Counterfeit Currency In 2010

The Karnataka High Court has upheld the conviction handed down to a man 14 years after the accused committed the offence of being in possession of counterfeit currency.

A single judge bench of Justice Ramachandra D Huddar convicted T N Kumara, dismissed the appeal filed by him challenging the conviction under Section 489B and C of the Indian Penal Code in the year 2013.

The court said “The Impugned judgment of conviction and order of sentence dated 3.1.2013 passed is hereby confirmed. The accused shall surrender before the trial Court forthwith to undergo sentence (five years). The Trial Court shall take steps to secure his presence in accordance with law and commit him to the prison to undergo sentence.”

As per the prosecution case, the accused came to be arrested on 2.3.2010, near the Institute of Engineering Building, Mysore and was found in possession of 30 counterfeit currency notes bearing single currency 2BE901745 of denominations of Rs.500 each, knowing fully well that the same were counterfeit notes with an intention to use the same as genuine notes.

Challenging the order of conviction the appellant argued that the evidence placed on record by the prosecution is not sufficient to prove the guilt of the accused. The police have not seized his purse which contained Rs.200, thus the very ingredients of the offence so made out against the accused are not duly proved in accordance with the law.

It was claimed that the evidence placed on record by the prosecution creates doubt in the case and that the benefit of the doubt has to be extended to the accused.

The prosecution countered the same contending that the accused has not offered any explanation about the possession of the counterfeit currency notes in his possession. The Reserve Bank had confirmed in its report that the notes sent to it for verification were counterfeit notes.

On going through the records the bench noted that there was no explanation about how the currency notes which were not genuine Indian currency notes as per the RBI report, came into possession of the accused.

Rejecting the contention of the appellant that the trial court based the conviction on the evidence of official witnesses, the court said “One cannot draw a presumption that police witnesses are not trustworthy witnesses. Under the provisions of Indian Evidence Act, they are also competent witnesses and if their evidence is trustworthy, such evidence has to be accepted.”

It added, “PW.1 (Complainant) has consistently deposed about receiving information with regard to the trafficking of the currency notes by the accused and conducting raids in the presence of panchas, seizure of said MO No.2. Thus, the ingredients so stated under Section 489-B and C of the Indian Penal Code is duly proved by the evidence of witnesses examined by the prosecution.”

Noting that the accused on seeing the police tried to escape from the said place, but, he was caught, the court opined that this conduct of the accused showed his guilty mind and conscious possession.

Thus the court held “The accused was found in possession of counterfeit currency notes and were recovered from his possessions which were fake to the naked eye. All the notes contained the same number, they were photocopies of genuine notes and the colour was different. This itself is sufficient to prove mens rea.”

Accordingly, it dismissed the appeal.

Appearance: Advocate P Nataraju for Appellant

HCGP Divakar Maddur for Respondents

Citation No: 2024 LiveLaw (Kar) 404

Case Title: T N Kumara AND State of Karnataka

Case No: CRIMINAL APPEAL NO. 55 OF 2013

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