
Delhi: A Delhi court has convicted a man of the offence of using counterfeit currency notes, saying lapses on the investigating officer’s part cannot help him when the prosecution’s case is sufficiently proved.
Additional Sessions Judge Hardeep Kaur was hearing a case against Mohammad Kamil, who was booked by the Special Cell of the Delhi Police in 2018.
In an order dated October 14, the judge said, “This court cannot lose sight of the fact that in the present case, police witnesses are intact and there are no major contradictions in their testimonies and the defence has failed to deduce anything in its favour during the cross-examination of the police witnesses.”
The court said the prosecution had proved beyond a reasonable doubt its allegation against Kamil under Indian Penal Code section 498B (using as genuine forged or counterfeit currency notes or banknotes).
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“Lapses on the part of the IO cannot come to the rescue of the defence wherein the case of the prosecution stands sufficiently proved by the evidence available on record,” it said.
According to the prosecution, the accused was arrested on May 10, 2018 from a spot near the Seelampur metro station, where he had gone to deliver a consignment of counterfeit currency notes.
It said two packets, each containing 200 notes of Rs 2,000 denomination, totalling Rs 8 lakh, were seized from him.
“The court has no hesitation to hold that the accused reached the spot to hand over or circulate fake Indian currency notes (FICNs) worth Rs 8 lakh,” the judge said.
The recovery of the FICNs shows that the accused had intended to traffic or circulate the same, the court added.
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It said the prosecution had proved the ingredients of the offence, while the defence had failed to explain how the accused came into possession of such a huge cache of fake currency notes.
The matter has been posted for hearing the arguments on the quantum of sentence on October 29.
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