KOSHO BANIA Vs. EMPEROR

JUDGEMENT

(1.) The petitioner has been convicted of an offence under Section 243, I.P.C., and sentenced to rigorous imprisonment for six months.

(2.) The prosecution story was that, following information received, constable Ehsan Ahmad of Phulwari thana challenged the petitioner who was going with some others from Phulwari towards Sonepur, and that as a result four counterfeit two anna nickel pieces were recovered from the petitioner. The defence was that the prosecution story was false but this has been disbelieved by the lower Courts, and the prosecution story accepted. The learned advocate who appears for the petitioner has endeavoured to argue that the identity of the coins has not been proved, and further that it has not been proved that the petitioner was in possession of the coins "fraudulently or with intent that fraud may be committed." The former is a simple question of fact, and the latter a matter of inference which appears unassailable in view of the circumstances on which the learned Sessions Judge has relied.

(3.) The learned advocate has also urged that no offence under the section is established unless it is shown that the accused knew at the time when he became possessed of the coins that they were counterfeit.