ASSAINAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in C.C.No.739/1994 before the Judicial First Class Magistrate's Court,-II Kanjirappally. He was prosecuted for an offence punishable under Section 337 of the Indian Penal Code.

(2.) The prosecution case as available in paragraph 2 of the judgment of the Magistrate is as follows;

(3.) The prosecution examined PWs. 1 to 11 and marked Exts.P1 to P7. The accused marked Ext.D1 remand application. After considering the evidence adduced, the Magistrate convicted the petitioner and sentenced him to undergo rigorous imprisonment for three years. The petitioner filed Crl.Appeal No.90/1996 before the Additional Sessions Judge, Kottayam. The Sessions Judge confirmed the conviction, but reduced the sentence to rigorous imprisonment for one year. The petitioner is challenging the judgments of the courts below. The contention of the petitioner is that there is no reliable evidence adduced by the prosecution to convict the petitioner.