JAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed by the accused in S.C.No.461/2004 on the files of the Additional Sessions Judge Fast Track-III, Thiruvananthapuram against the judgment dated 24.9.2008, convicting and sentencing him under Section 8(2) of the Abkari Act (for short 'the Act').

(2.) The appellant/accused faced trial under Section 8(2) of the Act. The prosecution case in short is that on 19.3.1999 at 11.30 am, the accused was found in possession of 5 litre jerry can containing full of illicit arrack on the western bund of Mekkarikulam at Kadavattaram desom in Neyyattinkara Village in contravention of Abkari Act and Rules.

(3.) On receipt of summons, the accused appeared at court below. After hearing both sides, charge was framed under Section 8(2) of the Act. The charge was read over and explained to the accused who pleaded not guilty. The prosecution examined PW1 to PW4 and marked Exts.P1 to P6. MO1 was identified. The accused was questioned under Section 313 of Cr.P.C. He denied all the incriminating circumstances brought against him during evidence. He submitted that he is innocent. No defence evidence was adduced.