ROHINI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.488 of 2014 on the file of the Additional Sessions Court, Palakkad. The appellant was found guilty for the offences punishable under Ss. 8(1) read with 8(2) of the Kerala Abkari Act and was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1,00,000.00 (Rupees one lakh only) with default sentence of simple imprisonment for three months. This appeal is filed challenging the aforesaid conviction and sentence.

(2.) The prosecution case is that on 24/6/2007 at 6.00 pm accused were found in possession of 28.500 litres of illicit arrack in 190 plastic covers having the capacity of 150 ml each, on the northern side of the court yard of the house of the first accused which is situated at Agali Village, Mannarkkad Taluk. In support of the prosecution case, PWs 1 to 10 were examined, Exhibits P1 to P12 series were marked and MOs 1 to 3 were identified. After closure of prosecution evidence, the appellant was questioned under Sec. 313 Cr.P.C. and the incriminating materials brought out by the prosecution during the course of evidence were put to her. Appellant denied all the said allegations and pleaded innocence. After considering the materials available on record, the learned Sessions Judge passed the conviction and sentence as mentioned above.

(3.) Heard the learned counsel for the appellant and the learned Public Prosecutor.