RAMAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in S. T. No. 2838 of 1985 of the Judicial second Class Magistrate, Kunnamangalam , who was also the appellant in Crl. appeal No. 19 of 1987 of the chief Judicial Magistrate, Kozhikode , and the petitioner in Crl. R. P. No. 22 of 1988 of the sessions Judge, Kozhikode , is the petitioner. Concurrently he had been found guilty under S. 48 (c) of the Kerala Police Act, convicted and sentenced to simple imprisonment for fifteen days.

(2.) BRIEFLY, the allegation-against him was that the Sub inspector of Police, Kunnamangalam , and party found him on the verandah of a closed shop at Choolamvayal on 18-8-1985 at 2 a. m. and that he was unable to explain his presence there. He was arrested on the belief that he was biding his time to commit theft. The entire proceedings are sought to be quashed in this petition filed under S. 482 cr. P. C.

(3.) AS far as this case was concerned there was only the unsatisfactory evidence of P. W s. land 4 about the incident. There is no record to corroborate the version that the petitioner could not satisfactorily account for his presence on the verandah from where he was reportedly apprehended. The court should have been told the questions that p. W. 4 put to the petitioner and the answers that were obtained, as also the circumstances which were relevant in connection with the reported apprehension. In the absence of these materials and merely because petitioner was found on the verandah of a closed shop, it was impossible to say that he committed an offence under clause (c) of S. 48 as found by the court below. In my view, prosecution had failed to prove the case against the petitioner beyond doubt. I accordingly set aside the conviction and sentence and acquit him. Cr l. M. C. is allowed. . .