JANAKI, D/O. MOOLATHMATTIL KALI, PERUVALLOOR AMSOM, OLAKARA DESOM Vs. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM AND THE EXCISE INSPECTOR, PARAPPANANGADI

JUDGEMENT

(1.) THE petitioner is the accused in C.C.No. 408/1992 before the Judicial First Class Magistrate, Parappanangadi. She was prosecuted for an offence punishable under Section 55(g) of the Abkari Act. The prosecution case is that on 22.9.1992, at 6.15 a.m. the accused was found carrying six litres of wash along the Parappara -Koyappakulam road in Peruvallur amsom, Olankara desom and thus the accused committed the offence alleged. The prosecution examined PWs 1 to 3 and marked Exts. P1 to P3 and MO1. The defence marked Ext. D1 bail bond. After considering the evidence adduced, the Magistrate convicted the petitioner and sentenced her to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/ - with a default sentence of simple imprisonment for two months. In Crl. A. No. 73/1995 filed by the petitioner, the Sessions Judge, Manjeri confirmed the conviction and sentence dismissing the appeal. The petitioner is challenging the judgments of the courts below.

(2.) AFTER arguing for some time, the learned counsel for the petitioner confines relief for leniency in the matter of punishment. It is submitted that at the relevant time, the petitioner was only 33 years old and a lady from the lower strata of the society. It is submitted that the sentence of imprisonment may be confined to fine. I have heard the learned Public Prosecutor also. After considering the facts and circumstances of the case, while confirming the conviction, I am inclined to set aside the sentence of imprisonment. Accordingly, the sentence of imprisonment imposed on the petitioner is set aside. But the fine is increased to Rs. 25,000/ - with a default sentence of imprisonment for six months.