17. The evidence brought on record clearly indicated that the accused appellant received eight numbers of 500 rupees notes by selling cows and the notes which was given to the Pw-1, was one of the said notes which he received from the co-accused, Satish. That the accused/appellant sold his cows to Satish Biswas (co-accused and since acquitted) and received only 4000/- is also supported by the prosecution witness Pw-3. No evidence is brought on record to show that the accused/appellant had the knowledge that the said currency notes were not genuine. There was also no evidence on record to show that the notes were of such, that any layman by merely looking can say that the notes are not genuine, inasmuch as, the evidence of the PW-5, the forensic expert clearly demonstrated that in order to ascertain whether the notes were genuine or fake notes, he had to photograph the notes besides, under taking other scientific examination. When the notes were such that by mere look it was not possible to say that those were counterfeit, there could not be a presumption of knowledge. Therefore, in absence of evidence, that the accused had the requisite mens-rea or knowledge with regard to the notes in question, conviction of the accused was not possible. The Apex Court in Mammuti Vs. State of Karnataka (1997) 4 SCC 723 observed on similar facts that in absence of evidence that the accused had the knowledge or reason to believe that the notes were counterfeit, conviction is not proper.
