CHEMBILAKOTTU VELLACHI Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is directed against the judgment dtd. 21/10/2010 in Crl.A.No.100/2007 on the files of the Additional District and Sessions (Ad hoc) Court-I, Kasaragod (for short 'the appellate court') confirming the judgment dtd. 26/2/2007 in S.C.No.75/2005 on the files of the Assistant Sessions Court, Hosdurg (for short 'the trial court'). The revision petitioner is the accused. She faced trial for the offence punishable under Sec. 55(a) of the Abkari Act.

(2.) The prosecution case in short is that on 18/4/2001 at 6.30 pm, the accused was found in possession of 5 litres of country arrack at a place called Kalichampothy in Madikai Village in contravention of the Abkari Act and thereby committed the offence.

(3.) The prosecution examined PW1 to PW8 and marked Exts.P1 to P8. MO1 was identified. No defence evidence was adduced. Considering the evidence on record, the trial court found the accused/revision petitioner guilty and she was convicted for the offence punishable under Sec. 55(a) of the Abkari Act. She was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.1,00,000.00 (Rupees one lakh), in default to suffer simple imprisonment for a further period of three months. In appeal, the appellate court confirmed the finding of the trial court. Challenging the conviction and sentence passed by both the courts below, the revision petitioner has approached this Court.